Mackenzie Hall, In need of HELP!

[D-K]

Hi,

 

I recieved a Letter from 'Mackenzie Hall' this morning, stating they are chasing me on behalf of: 1st credit(lloyds TSB), for the amount of £5800, or £4700 if i pay in full. I took out a loan with Lloyds 3year ago, 6month into paying it back i went completely off the rails, losing jobs, moving house all the time ect. so i know i have an unpaid debt, im not sure of the total though. But ive never heard a thing from Lloyds or 1st Credit, and this is the first correspondance ive had in 3year. Im really worried as it states in the letter that i have 5days to make payment, which is impossible, i now have a young family and even £200 in 5days would be pretty much out the question. I went online to see if they had a website to see about setting up some sort of arrangement, and came accross 100's of forums stating how dodgy this company is, im not disputing i owe money, i would just like some info on how to procede from here. Any help would be great as im soo worried about this now!

 

Thankyou

[D-K]

Have i posted in the right section? just ive noticed a few more it could of went in?

 

Thanx

[PriorityOne]

Don't panic ! You need to send a CCA request to MHall.... I will be back with the link in a minute and talk you through it.

 

[Curlyben]

First NEVER talk 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.

[PriorityOne]

OK... here is the template :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

The one you want is Letter N. Scroll down and you will find it. Enclose a Postal Order for £1 and send it by rec. delivery. Keep a copy of the request if you can and staple the rec. delivery slip to it... as this is your only proof that a legal request has been made.

 

When you send the request off.... add the words "I do not acknowledge any debt to your company" at the top.... and don't sign it with your normal signature either... just initial the request.

 

What you are requesting is a copy of your Consumer Credit Agreement (Consumer Credit Act, 1974). This a legal request in order to determine if they have any right to collect from you or not... and puts the account "in dispute". If they haven't sent it to you within 12 working days from receipt of your request, then they are not entitled to pursue you for payment until they can produce it and have it re-enforced in court.

 

Please try not to worry about this... most Debt Collection Agencies (DCAs) don't have it, but hope that you won't have any knowledge of the law and pay them anyway. Once they are in default of your request, you are not obliged to pay them anything... even if you had been making payments prior to the request being made.

 

Do not have any more deallings with them over the 'phone..... because they will tell you all kinds of bowlarks in order to intimidate you into paying. You are far less likely to get these in writing, but if you do.... you need to file them away. Keep hold of everything that they send you in case you need to refer to it later on.

 

[PriorityOne]

You beat me to it Curly...

[Curlyben]

Too slow P1 dude

[D-K]

Ive never spoke to these people at all, all ive had is this letter, wen i send them the cca request do i give them a contact number or not? or do i state i only want to comunicate via letter?

Thanks for your help guys, youve eased me worries a little!

 

Thankyou

[bennieee]

Hi D-K I'm pretty new here too

 

But from the brilliant advice given here - don't give them your telephone number and also don't sign the letter that you send either.

[PriorityOne]

Ive never spoke to these people at all, all ive had is this letter, wen i send them the cca request do i give them a contact number or not? No... or you will get harrassed ! or do i state i only want to comunicate via letter? Absolutely. Send the CCA request as it is in the template, but add the sentence "I do not acknowledge any debt to your company" if it's not already on there.

Thanks for your help guys, youve eased me worries a little!

 

Thankyou

 

[Curlyben]

You can sign the letter and I would, but do so over a printed line to stop photoshop specials.

 

I use something like this *_____#_____* and sign over it.

[D-K]

All advice taken on board, and i'll get that sent tomorrow. I only ask about the contact number as Im staying at my mams (this is where the letter arrived), with my little daughter. and if they were going to pester any number id rather they had my mobile, as this is the last thing my mam needs rite now. But no number, no pester sounds good to me!

Say they send the CCA back and it all checks out, where does that put me with then demanding the full amount within 5days?

[NailPost]

The five day limit is a laughably stupid tactic used by MHall and other debt collectors to scare you. One day its going to explode in their faces. Obviously you cant pay the full sum in that time so what will they do - take you to court? If they do that you would show the judge the letter and ask him to consider whether or not it is reasonable. He would agree and then you could ask him to throw it out!

 

Anyway if you have not heard anything from Lloyds in a long time you could SARN them and see where you stand. If they have simply asked MHall to collect on their behalf you can insist they take it back r face the consequences - the original creditor is just as liable for the conduct of its chosen collector as MHall. If a complaint is made against them in the fullness of time then that complaint will include Lloyds as well.

[D-K]

Thanks again for your advice!