Mackenzie Hall - letter of unknown debt

[thewiseboatmaker]

I have received a letter from Mackenzie Hall stating that myself and black horse finance have an outstanding debt. I have never heard of them before and I certainly do not have any outstanding debts to my name. The letter requests you fill out your bank account details and return to them!!

I have no knowledge of any debt and as an individual have never been in debt.

I have called Black Horse who have no record of me or record of any debt, as they indeed shouldn't have.

I then contacted the police as I believed the letter to be a [problem].

I have then contacted Mackenzie Hall, to which they requested my date of birth, I stated I did not want to give them any more information as I don't know who they are or what this is all about, I just wanted to inform them that I believe they have sent this letter incorrectly. To which she replied I cannot deal with this case unless you give me your date of birth. I am not giving this information out!

I am most concerned that my impeccable credit history is going to be black marked due to a mistake and wish to get this ironed out as soon as possible. I have called citizens advice and they recommended I write to the person allocated to the company on the CSA website, stating that I have no record of the debt or the company associated with the debt and I want to be removed from their records immediately. I am writing this letter today..

I have looked at various posts but these all seem to indicate people with an actual debt. I have not got a debt, full stop never have, never will.

Also all the posts just state this initial stage and I cannot see any info from anyone who has actually written to them and what the outcome is... as I have said before I have no debt and therefore want to make sure I don't get blacklisted as part of a mistake.

Any feedback would be gratefully read!

[djdave]

Hi and welcome.

 

It's a common problem, sadly. Some debt collection agencies (DCAs) buy debts in bulk without the proper paperwork then go fishing to find the correct people. Chances are there's someone in your town with a similar name who they're trying to find.

 

The onus is on them to prove that you DO owe money, not the other way round. However, it will be easier and quicker to get them off your back as once they've got a sniff of you they won't give in without a fight.

 

Never call them, always write. Ensure you include "I do not acknowledge any debt" in your letter, send it recorded delivery and tell them in no uncertain terms that you are not the person they're looking for. You don't need to send any proof, but if you want to send a copy of say your driving licence be sure to render the signature uncopyable. If "uncopyable" is a word.

 

If they continue to persue you, get trading standards involved.

 

Hope that helps.

 

[djdave]

PS. It might also be worth requesting a copy of your credit record from Experian or Equifax to double check they haven't entered a default. There's a procedure they should follow in notifying you, but many DCAs flout the law and consumer regulations.

[tooth_fairy]

I was give this letter by Rory, who in turn had it from Powelll and I found it VERY useful with a similar matter....

 

Your home address)

_________________

_________________

Date: ____________

 

 

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your signature)

[NailPost]

If you find MHall or Black Horse (or both) have entered negative information about you on your credit files they are required to remove it or prove otherwise.

 

Write to Experian,Equifax etc and tell them the matter is in dispute. Write (RECORDED DELIVERY) to MHall and tell them to remove the entries forthwith. Give them a short time to comply - no longer than 14 days. You should also inform the Information Commissioner as this is a Data Protection Act matter

[thewiseboatmaker]

Thank you for your responses, they have been very helpful.

I am drafting the letter to Mackenzie Hall tonight, using the helpful template as posted here.

 

I have done a credit check and as of today all is clear and A1 as it should be. I am drafting the letter and addressing to the person outlined on the CSA website against Mackenzie Hall.

 

I will be sure to report back as to how Mackenzie Hall respond, or don't.

I will also follow the advise to perhaps make trading standards aware.

Thank you all very much in your guidance and watch this space!

[babybear39]

Subscribing...

 

Good luck thewiseboatmaker

 

East Ayrshire TS are snowed under with complaints about this bunch of *coughs*

[NitrousOxide]

hi,

Write to black horse asking them to confirm you have no debt with them. Then send a copy of the letter you get to MH.

[thewiseboatmaker]

All letters have been sent.

No response so far.

New letter arrived today from Mackenzie Hall..... final notice demand!

These guys are funny are they not, I laughed so hard a little bit of wee came out.

I have all the relevant complaint forms from the CSA ready and waiting and they have been informed.

Just need to check my credit rating again at some point to make sure they're not black listing me.

Will keep everyone updated as to how this case goes.... be relevant for anyone who is being harassed by Mackenzie Hall who don't have any debt.

[ODC]

As you have read elsewhere on this forum MH are the lowest of the low and thats pretty bad when you consider how bad some of the DCAs are. It is a well know ploy oh MH to send out a mass mailshot of people with a simialr name in a particular town in the hope that some poor mug falls for their lies. Although East Ayrshire TS are up to their ears dealing with these numpties you should add your complaint to the list

[tiglet]

You certainly should.

 

They were incredibly horrible with me and when I finally got the alleged dates of the debt from them, i knoew nothing about it. i told them this and they still pressed me for money I didn't owe. All they cae about is getting the commission in - get in touch with Alan Stewart at TS. He is probably busy because (as he told me previously) MH send out these letters in batches and so they they get calls in batches too.

 

I would also report the matter to your local TS and to the OFT. If enough people complain, they WILL lose their license.

[NailPost]

Sending a complaint to the CSA (Credit Services Association) is an empty gesture. they exist only to support their members. The Financial Services Ombudsman would be a better bet - but only after you've jumped through all the hoops that is MHall's complaints procedure. If they don't send you details though you can go straight to the FOS!

[tiglet]

That's if MH let you go through their complaints procedure - when I asked, the phone was hung up on me.

[djdave]

If you write to them and they don't resolve the complaint within 8 weeks, the FOS will get involved.

 

My 8 week wait for Cabot to fob me off seemed to take an eternity...

[ODC]

Much better for the FOS to deal with them, Their illegal fishing trp will cost them £ 400 and maybe their licence

[NailPost]

If Mackenzie Hall refuse (or ignore) a request for details of their complaints procedure they are adding to their own difficulties.

 

As holders of a Consumer Credit Licence they are obliged to have a written complaints procedure. They are obliged to let their "clients" have details of it. Refusing to do this is a legitimate reason to go straight to the Financial Services Ombudsman and this fauilure to comply should be highlighted in the initial letter to the FOS. The reason for the complaint will follow the refusal to comply. The FOS may decide to investigate. If he does that's a bill of £450 for Mackenzie Hall. Sooner or later the penny is going to drop that refusing to comply hurts the bottom line.

[ODC]

If Mackenzie Hall refuse (or ignore) a request for details of their complaints procedure they are adding to their own difficulties.

 

As holders of a Consumer Credit Licence they are obliged to have a written complaints procedure. They are obliged to let their "clients" have details of it. Refusing to do this is a legitimate reason to go straight to the Financial Services Ombudsman and this fauilure to comply should be highlighted in the initial letter to the FOS. The reason for the complaint will follow the refusal to comply. The FOS may decide to investigate. If he does that's a bill of £450 for Mackenzie Hall. Sooner or later the penny is going to drop that refusing to comply hurts the bottom line.

You mean the 4000 pennies will eventually drop. Though judging by Muckhalls previous behaviour it will take a fair few lots of 4000 pennies to wise these cowboys up