Cabot and Mackenzie Hall

[eniale]

Several calls to my house... I wasn't in. Until one day I was. I was so taken by surprise when I received a call from J2 Solutions asking if I was I was Mrs *** yes I said... then I thoug oh crap - what's this about. He asked for my DOB which I wouldn't give as I didn't know who they were. He said he'd have to go back to his client.

About 4 weeks later I received a letter from Mackenzie Hall telling me I have to bay an unsettled debt.

The client is Cabot Financial Ltd
Original Creditor HFC

I called MacKenzie Hall (which was probably stupid of me) but I was worried, and really wanted to know what this was about, and they told me that it was probably a HP loan which was taken out in 1999.
I never had a loan, but did have a credit card. Cabot Financial or HFC don't ring a bell.

They said it dated back to 2003. I probably said to much on the phone, but thought it's best to clear this up.
I went to my bank today and got a bank draft for the full amount, but now I am a bit worried, because
it is a lot of money. I haven't sent the draft, because I don't think I should without confirming exactly what this debt is for, but am not sure how to handle this. The other matter is I don't live in the UK any more.

My understaning is I should require that they should supply the following
documentation before I will correspond further on this matter. They have to supply me with a true copy of the alleged agreement
they refer to. This is my right and their obligation to supply a copy of the agreement under the legislation
contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - their obligation also extends to providing
a statement of account signed on or on behalf of the creditor showing, according to the information to which
it is practicable for him to refer,—
(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid,
and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various
amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

Any pointers wpold be appreciated... oh this recent letter said they'd send someone to the door within the next 10 days.

I have a good credit rating, and this is really bugging me.

[Amy]

Re: Cabot and Mackenzie Hall

I haven't sent the draft, because I don't think I should without confirming exactly what this debt is for, but am not sure how to handle this.

Absolutely no, you should not send this draft. They've done what they set out to do and that is to frighten you into paying them.

Any pointers wpold be appreciated... oh this recent letter said they'd send someone to the door within the next 10 days.

Let them send someone round, they are not bailiffs, they cannot do anything. They make mention of 1999 and 2003, which is it? You need to find out. If the former, it's statute barred so they've had it.

Send the CCA letter from Curly's thread here Consumer Credit Agreements - A Guide - Legal Beagles

[Curlyben]

Re: Cabot and Mackenzie Hall

Muckie Hall and Cabot, two of my favorite DCA's

<uckie Hall are well know for chasing unenforceable and Statute Barred debts.

This sounds like the latter.
To be honest I would file this letter under Ignore and when they call again, tell them that, are taking advice, you are recording the call and require ALL further communication to be in writing.
They wont like this, but you are completely within your rights to say this.

As for a letter, well I'd hold off on the CCA request for now, as they already seem confused as to the debts provident anyway.

Start off with a nice, simple, Prove It..

Dear Sir/Madam

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

Now HOLD this letter until they WRITE to you again.
Legally they CANNOT do anything although they will threaten all kinds of action.
It's all Bovine Excrement

As for the Bankers Draft, my address is ............
>Edited by Amy< He means put it back in the bank, pronto<

[eniale]

Re: Cabot and Mackenzie Hall

Thanks Amy and Curlybean for the advice! I really appreciate it.