Urgent Help Please

[jimmyjammer]

hello guys, i'm in need of some urgent advice regarding where i stand with MACKENZIE HALL. i got a letter this morning from them saying they were trying to contact the above named person regarding a personal matter. i am the person mentioned so i phoned the number and was told it was regarding an outstanding debt of £150. i was told it was from an old address i stayed at, but i left the said address mid 2003. i have no knowledge of the debt and cant recall any details of it at all. i have had copies of my credit reports quite recently and they were "clean", nothing about any outstanding debts or anything. all they contained were details of previous searches made............but still nothing regarding this debt!

 

during the phone conversation i never admitted to the debt, but i was asked if i could pay it in full. i told them no. i was then asked if i had any dependants or other debts. i was then advised someone would need to call me back as the person i was speaking to wasn't the person dealing with my case.

 

i'm totally at a loss as to what to say when they phone me back, how do i sort this out without maybe causing more problems. i have read bits and pieces regarding the 6 year thing with old debt, but i honestly dont know if i have had any kind of correspondance within 6 years regarding this debt.

 

please please help me urgently if you can, as you can probably guess i am really worried about this.

 

many thanks.

[gerih]

The very first thing to do is to refuse to talk on the `phone. Tell them to put everything in writing. Then have a good browse around this site. Plenty of standard letters for you to send to them. If they can`t prove an debt, then you pay them nothing. Don`t panic - just be firm with them if they `phone.

[jimmyjammer]

thanks.

after reading about them on here, i now see i made a mistake in phoning them. as you know they said they will be phoning me back, so should i take the call or ignore it? should i send them the CCA letter now, or wait to see if i do hear from them? what if the debt is actually mine, and i did make any payment within the last 6 years? god i wish i could remember! so many questions..........just dont know what to do.

[ashmk]

If it was me i would answer the call and refuse to answer the security questions and tell them to write to me but then im a very offensive person and always jump at the chance to upset DCA's when they call the house.

 

I supose it depends on how confident you are at talking to cretins down the phone.

 

If you ignor it, they will eventually most likely write to you with some computer generated threat letter that means nothing so in all honesty it does not really matter if you answer it or not.

 

This forum would reccomend you do NOT speak on the telephone and if your new to this I advise it to, but some of us just like to wind them up !!!

 

 

If they catch you on the phone unawares just refuse to answer security questions, listen to there rant about how your not helping and they will then hang up.

[Curlyben]

First NEVER talkk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

[spiritgirl59]

Hi jimmyjammer

 

Just subscribing to offer you support

 

Curlyben's advice is excellent.

 

I do know how you feel, in the beginning I used to try to reason with these people on the phone but all it did was leave me frustrated and very upset at their rudeness. Now if they catch me unawares I say "I don't discuss financial matters on the phone, please put any queries you have in writing" and then replace the receiver. Once you've done it a couple of time it will become second nature

 

Keep in touch and let us know how it goes.

 

Good luck!

Love Spiritgirl

[jimmyjammer]

thanks for the replies guys. i was told someone would call me back either today or tomorrow. no one called today so if they do so tomorrow i'll be telling them i wont discuss anything over the phone and that they should put any further correspondance in writing. should i tell them of my intention of requesting the credit agreement? i'm pretty mad at myself for calling them today, i just wish i'd have thought of checking the net first. please feel free to keep the advise coming, believe me i need it.

[Curlyben]

Jimmy, you DON'T have to talk to them on the phone and I advise you NOT to anyway.

Keep EVERYTHING in writing for future action.

[jimmyjammer]

thankyou curlyben. out of interest...........what happens if....... when i send the request for the credit agreement they do send me a copy. what do i do then? obviously if it is owed, then i'd want to pay it. but how do i know if what they send me is legit.

[Curlyben]

If they do fully comply then you MUST pay.

Simple really.

Let's see what they have and then go from there.

There's no point in playing what ifs when we don't kno.

[jimmyjammer]

ok many thanks again.

as things stand at the moment i'll:-

 

ignore their call (if it comes).

only converse by letter (if i get one)

then request the credit agreement.

 

does that seem the correct way to handle things?

[Curlyben]

Spot on.

When you get a letter follow the CCA route as detailed above.

[diskmandave]

Just to add to CB's excellent advise;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

 

Good luck, Dave.

[Hopeful1]

Hi Jimmyjammer. Just subscribing. Keep reading this site and within no time, you'll be so confident, you'll be praying for them to ring so that you can wind them up

 

Don't forget to put a 1.00 cheques or postal order in with your CCA. Send all your letters by recorded or special delivery. Keep all receipts and letters too.

 

Best wishes

[jimmyjammer]

many thanks for all your help, i appreciate it.

i'll keep you guys updated.

[jimmyjammer]

right guys, its been a while but today i received a letter from mackenzie hall. am i correct in thinking i should just cca them and wait?

here is the letter.

 

[Curlyben]

Yep that's it.

 

Oh look at all that scary RED

[ScarletPimpernel]

Yep that's it.

 

Oh look at all that scary RED

 

 

...and lots of unnecessarily bold type. Clever.

[fluidgeorgie]

Good luck JJ

 

We are in a similar position after J2 solns tried to contact my wife about a personal matter.

 

Looks like we will have to wait a while longer to see if they intend pursuing us or not.