Quick Quid won't help! **

[hotscot1983]

Thanks mate....glad to hear that you worked out a solution. The only repayment they offered me yesterday was over 2 months, they claimed this was the only acceptable repayment plan.... did they offer you a different method?

Actually, my problem with them first and foremost is that I am arguing that they have no legal entitlement to have my account, as QQ broke the CCA 1974 by passing my account onto them whilst it should have been "in dispute".

[Kev222]

Hi

hotscot1983 when they talked to me they were only intrested in getting a full payment but I said no and I made a choose eather to accept my 3 months payment plain or you get nothing and if this is the case the way you have talked to me will be heared by the office of fair traiding and as I believe you as a company have a very bad name with them.

About your request of a copy of your Cca yes you are entitled to have a copy of this agreement on paper, did you ask via letter and did you keep a copy of this letter for your records, QQ is an American base company which means the intelligence level is very low so this I would have expected, now I have done some researce on your situation and I have found out that you are right QQ should not have sent it to mack hall without going to the courts first as this is a legal term stated so I have attached what I have read to this post and I hope it helps you out let me know how you get on best of luck, Ho Mack hall is not a BCA they are buyers of debts that explains their bulling tack ticks.

forums.moneysavingexpert.com/showthread.html?p=16175203

[hotscot1983]

Thanks Kev, I had a look at the forum you directed me to. I knew I was right, last night when I spoke to Mak Hall, I told them that QQ had broken the law by failing to supply me with my CCA and by passing my debt onto them. She replied (not very smart) that QQ are an American company, to which I got irate and told here that they are operating in the UK with a UK Credit License, and so should know the law. I think I have them for this, so I think i'm going to take it further! Really I could have paid the debt off long before now, but because of their attitude they have not had 1 penny from me! Any ideas who I should call to take this further?

[Kev222]

Hi hotscot1983

 

As you are willing to pursue the first steps you need to take before you do anything else, Get in contact with CAB as they are basicly work on the law mainly debt problems then they will tell you what you need to do next or they may say advise you to let them handle the case and you make no more communications with Mac Hall or QQ so they may act on your behalf. QQ needs to comply with the laws of credit in this country by not doing so this may lead to their credit licence being revoked and they will no longer be able to give credit to anyone again in this country. So when you have time but be quick about it and go straight to CAB. Or what you could do is send QQ this letter and if you do make sure you send it Via recorded delivery and keep a copy for your records

 

Dear Sirs,

 

Account No: XXXXXXXX

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.78). A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

(date = 12+2 days after you sent the CCA request - delete this text)

 

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware s.77(6) states:

 

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

 

Yours faithfully

 

 

 

 

Sign digitally

[Little Lady81]

Hi Kev222,

Some good advice for Hotscot - Good luck with QQ/Mc Hall Hotscot.

 

Just a quick question as you sound clued up on this type of thing - I am currently in default with PTP so if I'm going to CCA request them should I do it to PTP or wait until the debt is passed to their DCA? Thanks

[Kev222]

Hi Little Lady81

 

No if you are going to request a copy of your cca dont wait until it gets to a Dca you need to do it before then as this will make things more easier for you but requesting one costs £1 which you need to be willing to pay so send PTP this letter as soon as you can good luck as PTP is another American company. If you dont recieve your copy of your CCA then send them the other letter that I previously posted as that one is a demanding letter you have your rights remember that. Send the letter recorded first class and keep a copy for your refrencese, check the royal mail web page and see if it has been signed for keep your recorded delivery recipt safe as this can be used as proff of posting. As they are an American company they may get funny just like with hotscot and pass it on to a DCA if they do this, do not communicate with the DCA as you have asked for your CCA which they must supply to you. Best of luck and here is the letter for your first step.

 

Dear Sir/Madam

 

Account/Ref No:

 

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

 

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.[/font]

 

I/we look forward to hearing from you.

 

Yours faithfully

 

 

Your name.

 

Print you name rather than use your normal signature, since some DCA's have been known to scan it so they can mock up a fake CCA

 

For the same reason, the statutory fee of £1 should be a postal order[/font]

Edited March 11, 2010 by Kev222

[robjam1969]

Hi Little Lady81

 

No if you are going to request a copy of your cca dont wait until it gets to a Dca you need to do it before then as this will make things more easier for you but requesting one costs £1 which you need to be willing to pay so send PTP this letter as soon as you can good luck as PTP is another American company. If you dont recieve your copy of your CCA then send them the other letter that I previously posted as that one is a demanding letter you have your rights remember that. Send the letter recorded first class and keep a copy for your refrencese, check the royal mail web page and see if it has been signed for keep your recorded delivery recipt safe as this can be used as proff of posting. As they are an American company they may get funny just like with hotscot and pass it on to a DCA if they do this, do not communicate with the DCA as you have asked for your CCA which they must supply to you. Best of luck and here is the letter for your first step.

 

Dear Sir/Madam

 

Account/Ref No:

 

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

 

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.[/font]

 

I/we look forward to hearing from you.

 

Yours faithfully

 

 

Your name.

 

Print you name rather than use your normal signature, since some DCA's have been known to scan it so they can mock up a fake CCA

 

For the same reason, the statutory fee of £1 should be a postal order[/font]

 

 

PTP are based out of Malta and difficult to contact in writing. Clarity do respond to CCA requests and you can get with UK postage. From personal experience it is easier to deal with Clarity. they do obtain copies of the agreement in time so you need to be prepared to respond to the subsequent demand for money. Good luck

[Kev222]

After a quick look I do notice that they are based in Malta but yet they are also based in the Isle of man. No matter what any form of credit you get should never be hard to get incontact with. Second of all it is always best to deal with the creditors them selfs instead of it going to a DCA

This is the address to Isle of man

Northway Transfer Centre Limited

Commerce House

1 Bowring Road

Ramsey

Isle of Man

IM8 2LQ

I have dealt with them before. If you are still unsure you can call them and get the address on 08000 32 76 53. Best of luck

[sillygirl1]

If anyone one here has been hassled by Mackenzie Hall and their 'ring if you, ring if not you' emails contact Alan Stewart of East Ayrshire Trading Standards, he is dealing with Muckyhall for me as they rang at work when told not to do so last year.....

 

They never cease to amaze me with their stupidity.

[robjam1969]

Fair enough keV

 

They are an abusive organization. They may be the original creditor but why is it better to deal with them.

 

More imortantly is what to do when you get the cca which they will provide. I argued with clarity who passed back to ptp and that was the last I heard. I told them why I thought their agreement was unenforceable.

 

Still think you are wrong but hey it's all about opinions.

[Kev222]

Ok if you just think about it no crediter can also have a DCA they pass it on to them which is a diffrent company altogether. Second of all these DCA I am starting believe that they are not DCA they buy your debt from the payday loan companies that is why they are so abussive.

If you dont want your credit score to be affected dramaticly you need to take action before it gets that far namley asking for a copy of your CCA. Yes you can get this from the DCA but it could take longer then from the original crediters as they need to get them from them first so wouldnt it make more scence to get it from the creditor instead of a DCA. That is why I believe it is best to deal from the main source then someone else.

If you still think that I am wrong then fair enougth all we can do is help people the best ways we can.

[HeatA]

Hi Sillygirl1

 

Did you send them a formal letter to stop them contacting you at work. How did you go about it?

[sillygirl1]

They just stopped calling when I refused to give any details and said "This call is being recorded" whenever they started asking questions.... its been a long time now and debt has long been repaid.

[HeatA]

Ok thanks, I just dont want them calling my work number.

[nogerp1985]

HeatA

 

How did things go with Mackenzie Hall?

 

I've just been passed over to them by quick-quid for a balance of £880 and after one conversation with with MH I don't think its going to be easy to come to some sort of arrangement! I'm in a position to offer around £50-75 a month but they lady on the phone said they weren't interested in payment plans. She then tried to convince me i was committing fraud by taking out a loan without intending to pay (which is not the case) and it would be taken to court. are these their usual tactics?

 

Ideally i don't want to deal with these guys by letter, i'd rather deal with them by email at all times. Is this possible?

 

Thanks

[sillygirl1]

Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards - he is very good at getting them off your back - they tell a load of porkies on the phone and are really intimidating.

 

Tell them you will only communicate in writing, either by email or letter and keep everything for evidence.... if they do try court it will not stand that it is fraud, they are way off beam there. I can help with a solid defence to send them packing, you don't need to go down the default notice/termination notice route with this type of loan, it isn't valid, there is enough to hang them on the high interest rates and lack of communication/cooperation on their part.

[nogerp1985]

Thanks sillygirl1,

 

I'll do that right away. Not sure why they have to use these tactics. As far as i'm concerned i owe them the money and all i want to do is come to an arrangement so i can repay a reasonable amount a month.

 

Thanks again

[vjohn82]

Write to

 

 

He is their UK company troubleshooter based in the US.

 

Offer something reasonable and that you will be able to stick to.

 

VJ

Edited April 20, 2011 by alanfromderby

[nogerp1985]

Thanks, I'll try this one too

[HeatA]

Quick Quid agreed a payment plan in the end. Thankfully by the sounds of it, they sound a really nasty bunch. But reading more about them, it's all scare tactics and and as long as your are offering to pay something back, they have to agree. If it went to court they would probably get less from you! Keep all correspondence and stand your ground. And report them, they cant be allowed to bully people, none of chose to be the position we are in. Good luck!

[Jamie Kingston]

QQ dont take to court, they dont accept a plan over 3 months so wait for them to sell and make the offer to the DCA.

[robjam1969]

If you play hard to get with the DCA long enough they tend to back down and agree to all sorts of plans/discounted settlements etc. Nothing else they can do, as Jamie says they have not been to court yet over one of these agreements.

[Cait116]

One of mine went to a DCA - Clarity. They were pretty reasonable, straight away they accepted £50 a month and froze interest and charges, and then they offered me a big discount to pay it all off. Unfortunately I don't have the funds to do this at the minute.

[nogerp1985]

Hi Everyone,

 

Thanks for getting back to me.

 

On Sunday i emailed MH and the person VJ provided offering payment over a 10 month period. Today I got a text off MH asking them to call, which i did. They agreed my payment proposal, but advised this will be reviewed after 3 months which i suppose is fair if it means them agreeing for now. They've also requested an income and expenditure form, i haven't done this and don't really want to so will try and put this off with them for as long as possible.

 

They have confirmed all collection activity (phone calls, letters, etc) will stop whilst the plan is in place which is a relief. At least this gives me 3 months to reduce the balance without them on my case. We'll see how long they last without the income and expenditure form!

 

if anything changes or i need more advice i'll be back, lets hope this will keep them quiet for a while

 

Cheers

[watchinginvestigation2011]

You dont have to provide them with income and expenditure form, just stick to your guns, if they start up the calls again in three months time then record the calls and ask them are you refusing to accept my ten pounds a month and keep the call. Just keep paying the ten pounds and they would look stupid in court xx