Mackenzie Hall / Meritforce barclaycard

[J0601]

I know this subject has been covered again and again but I just want to ask the question again.

 

I've had several letters addressed to me in my old name (I've been married 4 years). Most of them I've sent back 'not known at this address', but one of them I saw was relating to a debt with Barclaycard for £726.58. I closed my Barclaycard with a nil balance (in fact due to a refund for some car insurance I had a £300+ credit to use up first). I can't remember exactly but it's at least 3 years since I closed the account.

 

I did have a very old debt on my credit file with Woolwich (which was taken over by Barclays, not Barclaycard) but that went past the 6 year statute barred thing a good 3 or 4 years ago I'd say.

 

So I don't know what debt it is they're talking about - either one that's statute barred or one that doesn't exist.

 

Anyway, this morning I've had a letter from Meritforce, the 'doorstep collection agents', which says they're sending someone round (I was actually going to send this back too but my 2 year old daughter opened it!).

 

What I need to know is:

 

a) Should I phone and say this person doesn't live at this address

b) Will anyone actually turn up if I ignore it?

c) If they do turn up, do they have any legal right to enter the premises (my husband is a police officer but he's not sure how the law stands with fictitious and/or statute barred debts

d) Do they have to have a court order to send debt collectors? I thought they did but I've not seen anything to say they'll get or have a court order.

 

Just some advice really - what should I do? I'm here most of the time on my own with my 2 year old so really don't want these people at the door.

 

Thanks.

[42man]

McKenzie Hall are well known for chasing statute barred debts.....see this post here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201698-mackenzie-hall-j2-solutions.html

 

I'd send a letter ASAP to Mckenzie Hall (which you will find in the link above)

 

As for Meritforce -

 

FINAL RESPONSE - FOR THE AVOIDANCE OF DOUBT

 

Ref no. XXXXXXXX

 

Dear Sir/Madam

 

Further to your recent correspondence, I wish to make it completely clear that I have no intention of speaking to a debt collection agent. I understand that McKenzie Hall have recently been the subject of an OFT restriction order specifically with regard to statute barred debt.

 

The fact that you have threatened me with a 'visit' is in breach of the Office Of Fair Tradings guidance on debt collection (in line with CPUTR2008).

 

Furthermore I will also remind you There is only an implied license under English 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 & Short Ltd [1959] 2 QB 384

. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I will now be passing on all correspondence from yourselves and McKenzie Hall on to the OFT.

 

I hope this makes my position perfectly clear.

[42man]

Actually hold on....did you say your husband is a police officer ???!!!

 

Fantastic.....get him to call Meritforce, to ask when they will be visiting, as he (your policeman husband) would like to be in attendance !!!! Get him to quote from the letter above too !!!!

 

PLEASE let me know what happens !!!

[42man]

I'll also move this thread to the debt collection forums, where you will no doubt get some more advice/comment....

[J0601]

Thanks for that! My one reservation has been that I didn't want to make any kind of contact that kind of confirmed that they had the right address if you see what I mean (as they've got my old name). I'd read here and elsewhere that once you make contact then they really sink their teeth in.

 

Just been talking to my husband about it. He doesn't want to call them and say he's a police officer but says that if I send the letter to Meritforce you suggest then if they continue to demand money then they're then effectively guilty of demanding money by menaces (or words to that effect). But basically once both parties (i.e. me and them) are clear that it's not a legal debt then to continue chasing for it is breaking the law.

 

I think I will just email the letter to Meritforce, i certainly don't want to speak to them.

[J0601]

Marvellous - the email address on the Meritforce letter bounced!

[J0601]

And I've just looked through some old paperwork for an old Barclaycard statement (I'm a hoarder!) and it's not even in my maiden name, so if its supposedly a debt with them, why is it in my maiden name?

 

 

ETA: This letter says the debt is with Cabot Financial Ltd, who seems to be another bunch of scumbags.

Edited June 1, 2009 by J0601

[42man]

Has hubby got a pal who can call them ?....and that tip I gave HAS been done by somebody else who had a pal in the force....!!

[NailPost]

If the Meritfarce email address bounced send it to the head honcho at MHall then! After all both companies are one and the same.

[J0601]

I'll speak to him later about it (at work until 10pm), see what he thinks.

 

I resent the email to info@meritforce and asked them to forward it on to the right person and have had an acknowledgement of that but nothing direct from them as yet.

 

I noticed, although they're kinda pretending like Meritforce and Mackenzie Hall are 2 different companies, the name of the person to contact at MH is the same name as the person who's signed the MF letter (MF - that seems appropriate initials).

 

And they can't even bloody well spell Doorstop - apparently he is the Dorrstop Collections Manager! Planks.

 

Anyway, thanks for the advice, really been a help. I have to say I felt quite sick when I saw the letter.

[Ell-enn]

Anything you send to MacHall or Meritforce needs to be sent by recorded delivery or they will simply say they never got it (keep a copy of the letter and recorded delivery slip so you can check on the Royalmail website for the signature receipt) . Also, in the letter tell them that you are informing Ayrshire Trading Standards and the OFT !!

[deathbycrayons]

Subbing..

[F_DCAs]

If the name on the letter is Morgan Smith, then take it from me that there is no such person. The guy in charge of field collections is Alan Knox.

[J0601]

Nope, it's Chris Fox, but I wouldn't be surprised if he doesn't exist either.

[J0601]

I've had a letter from MacKenzie Hall this morning thanking me for my recent communication (funny, I thought I was emailing Meritforce! )

 

The letter says:

 

"Could I please ask you to call myself on ...... in order to discuss the matter further.

 

We have placed your account on hold whilst these enquiries are underway and ask for your patience until we can gather the correct information to resolve the matter as quickly as possible"

 

Well, a) sod off, I aint calling you and b) are those two paragraphs not contradicting each other? First asking me to call to discuss and then saying they're gathering information.

 

There is no information to gather, it's not an enforcable debt (if a debt at all).

 

This letter says that the debt is from Barclaycard so I know that is bollox as my Barclaycard account was a) closed with a nil balance and b) not in my maiden name.

 

I'm thinking I'll just send them another email telling them if they contact me again I will do them for harrassment. Should I mention about Barclaycard account being closed and in different name?

[deathbycrayons]

No, don't give them any information at all. Let them do it.

[J0601]

I've emailed back the standard 'sod off, it's statute barred' letter (they proved that the email gets through as he responded to my last one).

 

If I don't get an acknowledgement back (as I did last time) I'll follow it up with a post copy.

 

Spoke to my husband and he said he wouldn't bother giving them anything else, just repeat the fact that you're not going to respond. We'll see.

[42man]

If you hear any more from them by way of harrassment....send it immediately to the OFT...!!

[NailPost]

I'd be tempted to report them to OFT anyway for their being schizophrenic. Meritfarce contacted you, you replied to them and MacHall responded. They are of course both the same firm so why not just close meritface (and j2 solutions) and do everything under one name.