Mackenzie Hall. Do any of you know of them?

[allswell]

I had one of these letters 10 months ago and ignored it! Still waiting for them. its all scare tactics!!!

[The GodMother]

Its SB so tell them to bog off.

 

Dear numbskull

 

Ref MXXXXXXXXXXXXXXXXXXxx

 

I write regarding your letter dated XXXXXXX.

 

This debt is Statue Barred under the limitations act 1980.

 

Unless you can prove otherwise l expect not to here from you again.

 

Yours

 

Do not sign just type your namr or even add a squiggle that looks like asignature. Post recorded delivery andd see what they say.

[whibbs]

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Then last week Lewis debt recovery offered me a settlement figure - ignored as I am skint.

Now Lewis debt recovery letter says they will be in my area to discuss "next week" dated 19th April.

HELP

[whibbs]

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Then last week Lewis debt recovery offered me a settlement figure - ignored as I am skint.

Now Lewis debt recovery letter says they will be in my area to discuss "next week" dated 19th April.

HELP

Please refer earlier to mack hall and Black horse letter I sent

[vincentcalhoun]

I was in exactly the same situation just a few months ago with Mackenzie Hall, threatening to send 'Mertiforce' round.I wrote my own letter telling them to get stuffed, then sought legal advice. The lawyer said the best thing to do with these types of letters is to throw them in the bin!

 

I think the letter you got is a last ditch attempt for this company to try and scare you into offering a settlement. I'd be very surprised if anyone actually came round to your home. It's too much expense for them to pay someone to go round, and pay for petrol, etc.

 

Write them a letter telling them if they call at your home you wont answer the door, or will ask them to leave immediately as you have nothing to discuss with them.

 

Also, get hold of the non-emergency number for your local police force, to be used in the highly unlikely event of anyone coming round. Make clear in any letters you write that you have contacted the police and been made aware of the total lack of powers that private debt collectors have. You have to make it clear that you wont be intimidated.

[whibbs]

Thanks you

Any more comments / help / advice out there ?

[InformedSearcher]

Mackenzie Hall ...

Nightmare people who are probably last ditch attempts, often of the past!

 

Example: Recently started to get letters referring to a debt (if I can even remember it) well over 7 years old. I decided to 'play' and called them. I told him that apart from it being, if at all, ever existant that it would be statute barred. The man declared that they will call at least once a week and continue to send letters until I settle the debt. The fact it is SB does not mean they cannot still persue it. Hopeless even bothering but I have to say it was amusing call them and me being me enjoyed the mind testing. Their manner is like all other DCA's and that is to attempt to scare the s**t out of you!

 

Conclusion : Ignore LOL

 

Michael

[whibbs]

Happy with all that

Point is - how heavy will Lewis debt recovery be ?

[whibbs]

PS - this is not SB

[InformedSearcher]

I guess this debt is now registered on the CRA's with a Default Notice? How long since the DN was issued (or better still) since it appeared on CRA files? Personally I have no experience of Lewis but there are other threads on here about them. The biggest problem is that only a small fraction of things ever come to light. In a way people are still reluctant to speak openly about how much they owe which pleases banks and DCA's no end.

 

Michael

[whibbs]

Borrowed 8K unsecured circa 2005 from BH

Stopped paying July 2008

Tried and almost agreed with Black horse a way out

Asked for PPI details

Dead

Threats from Black Horse

Then Mack Hall Threats

Wrote letters Sept 2009

Quiet

Lewis NOW

Debt nearly 11k

Lewis offered settlement nearly 6k

Now Lewis debt recovery letter says they will be in my area to discuss "next week" dated 19th April.

I am lost in this maze

[whibbs]

And worried

[whibbs]

Help !!!!!!!!

[InformedSearcher]

Help !!!!!!!!

 

Okay firstly have you agreed you owe them what they are asking for? Did you have valid reason to stop paying? Check the entry dates on CRA's (Experian/Equifax and 'maybe' Call Credit). Next if it were me to do a SAR which will cost you a tenner (postal Order, no cheques) to Black Horse (poor end of LloydsTSB) and send it 'signed for' (get the slip at the Post Office when you buy your postal order). Once sent they have 40 days to reply with all the details you want from them. Have a look on here for the letter format and what to request. Make sure you request notes/transcripts they made. Banks tend to send out ONLY what is requested so be thorough.

 

You'll eventually get a large (maybe massive) envelope with what you asked for. Go through it with a fine tooth comb. Check out the default notice and final demand for errors, again loads of info on the site for that.

 

I keep saying that these days CCJ's are not always what banks use as they have effectively stopped you getting credit for 6 years by the DN entry alone. Whatever happens do NOT let Lewis collector 'one' single step into your home if one does arrive on the doorstep and make no admissions to them either. From now on, as has been mentioned communicate by letter alone, no more phone calls.

 

That will delay and maybe eventually solve the problem long term.

 

Let us know how you get on.

 

Michael

[Conniff]

From now on, as has been mentioned communicate by letter alone, no more phone calls.

 

They don't like letters, their reaction when they open one is 'oh sh*t, they've been on one of those forums'.

[InformedSearcher]

They don't like letters, their reaction when they open one is 'oh sh*t, they've been on one of those forums'.

 

 

CORRECT! hehe

Then they think again about their threat tactics too (well hopefully they do)!

 

Michael

[harrassed senior]

They don't like letters, their reaction when they open one is 'oh sh*t, they've been on one of those forums'.

 

 

 

You mean you have come across ones who can read and understand:eek:

[InformedSearcher]

You mean you have come across ones who can read and understand:eek:

 

Forget the reading and writing they certainly tell you a lot on the phone. Their training tends to be, 'Okay boys and girls we are here to extract every last penny out of the bas***s in any way possible. Say what you like to them they are nothing and after all that's where we come in'. The wording probably a bit different but it means the same.

 

I can still remember a strange named DCA using expletives to me better than I can when I'm really mad! LOL I never did pay them.

 

Michael

[whibbs]

Okay firstly have you agreed you owe them what they are asking for

No – circa 6K

Did you have valid reason to stop paying Black Horse?

Skint

Check the entry dates on CRA's etc.

That’s all new to me – will read up.

You'll eventually get a large (maybe massive) envelope etc.

That’s all new to me – will read up.

I keep saying that these days CCJ's are not always what banks etc.

Not contacted anyway or means as yet other than their two letters to me.

Bottom line

I still ran away from a debt less that 6 years old started at 8K paid £225 a month over 2 years……….scarpered

[whibbs]

Ok so mow Lewis phone and leave voicemail

The debt is not SB

Can I have a clear response and advice on what I should do

Write or not write?

What letter should I write?

[Dougal16T]

Borrowed 8K unsecured circa 2005 from BH

Stopped paying July 2008

Tried and almost agreed with Black horse a way out

Asked for PPI details

Dead

Threats from Black Horse

Then Mack Hall Threats

Wrote letters Sept 2009

Quiet

Lewis NOW

Debt nearly 11k

Lewis offered settlement nearly 6k

Now Lewis debt recovery letter says they will be in my area to discuss "next week" dated 19th April.

I am lost in this maze

 

Good morning

 

I will try and help:

 

1. You must go back to the Black Horse and ask why they did not provide details of the PPI (if it existed) - also you MUST get a copy of the original agreement with BH.

 

2. When a DCA telephones to 'arrange collection', tell them that you are recording the call. (even if you are not), this often makes them put the 'phone down!

 

3. Ask for all 'claims' against you to be put into writing.

 

4. Send this letter to Lewis: 1st Class Recorded Delivery. [That way you will have proof they received it.]

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

YOUR REF

 

Dear

 

I refer to your recent correspondence.

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

 

I trust I make myself clear.

 

 

This should put them on hold whilst you 'catch your breath'.

 

 

4. Do you have copy of 'threats from BH'? [These may be very useful.]

5. Ask for copy of 'Deed of Assignment' from Lewis. I will bet they do not have one.

6. Send this letter also to Lewis: [edit as required]

 

Dear ,

 

I Do Not Acknowledge any debt to your company.

 

I have today received your letter dated ** *********** which purports to be a letter before action and threatens that legal proceedings may be issued without further notice.

 

You are formally informed that this debt is in legal dispute with Black Horse and it seems your only involvement in this matter is to provide harassment.

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

Please provide me with proof of your lawful right to claim any money from me.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

You have threatened that you may take court action against me; I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

In my lawful request dated to Black Horse I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your and your client’s failure to provide this documentation within the statutory time limits means your client has committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your client’s branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

However due to your vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £17.80 per hour as part of my counterclaim against any action you may take.

 

I trust you will deal with this matter using all due diligence.

 

Kind Regards

 

 

I have used this a couple of times to great affect.

 

Hopefully this will keep you on track!

 

 

Best wishes

Dougal

Edited April 29, 2010 by Dougal16T
More poor spelling and grammar....! and 'extra letter'

[whibbs]

Thank you very much

I did write to BH in the early days and offered cash when I had it to settle this.

They never replied.

This is the last letter I sent that was also never replied to NOTE the date

ACCOUNT IN DISPUTE

 

Date: 07/09/2009

 

Dear Sir or Madam,

Black Horse reference xxxxxxxxxxxxxxxxxxxx

I have never received a response to my previous letters in this matter and would like to know why you have not responded to me.

Secondly I would like to know why you have sent the account to Mackenzie Hall as I have never received notice of assignment.

I have attempted to resolve these matters with you since last year to no avail as my phone conversations and letters have never been followed up in writing by yourselves.

What is the relationship between Blackhorse and Mackenzie Hall?

I have been unable to agree anything with Mackenzie Hall and contacted your Portsmouth office today and spoke to Louise.

We discussed my offer of a down payment of xxx; monthly payments of xxx with a final settlement when my house is sold within the next xxx months, we both agreed that this was fair.

However Mackenzie Hall will not recognise this and I am unable to deal with them in a sensible manner due to their aggressive and arrogant requests.

I now need written confirmation as to who is dealing with this and would request you indemnify me to any third party attempts to collect.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

[JGJ]

Dougal16T,

 

"By Example We Lead" Indeed you do.

 

 

 

"EXEMPLO DUCEMUS"

[JGJ]

whibbs,

 

You will receive excellent free advice from the caggers, Mac Hall are bully boys/girls. Keep at them, never on the phone and always in writing, del by recorded del. Good luck.

 

 

"EXEMPLO DUCEMUS"

[zosaphine]

Apparently i got a letter from Mckenzie Hall today demanding a payment of 195 by noon on 5th May - for an old mobile contract with 3 mobile.

 

Only problem is, it was sent to my parents address where i haven't lived for over 10 years! The mobile account was opened whilst at the address i still reside at!

 

Concerned to be receiving post addressed to me so many years after i moved out, my Mum called and asked if she should open it, and she was really upset when she read it out to me over the phone, as they threatened to send someone out to her address to collect the money.

 

I immediately rang 3, who said they could only find the 1 account for me, and it shouwed the balance closed off at £102.95! She said once passed over to a DCA, they cannot send statements or letters concerning the account.

 

This is a total breach of my privacy, and a very underhand tactic, scaring elderly parents - is there anything I can do? My Credit report shows it defaulted in June 06, and this is the first contact since then by a DCA!