Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Mackenzie Hall

Collapse
Loading...
X
Collapse
  • Page of 2
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 Next
  • #1

    Mackenzie Hall

    Hi all
    Found this forum through googling Mackenzie Hall.
    I am posting this for a friend with no internet access, with her permission but if I am a bit vague it's because I don't have exact details at hand.

    Ok background we live in Scotland.
    Friend had a credit card with a balance, she was really unwell, heart attack, in hospital/out/in/out, you get my drift then buried her head in the sand where finances were concerned, cannot work due to the nature of her health problems at the moment, lost her job too, single parent on benefit with a child to care for.

    Anyway a letter from Mackenzie hall arrived, she thought it was the way out of the debt (she wants to get it paid) She phoned them and agreed to pay 200.00 per month, which she has managed to do alebeit only just being on benefit.

    Fast forward to last month, mack hall have now started harassing her by phone (she has no internet but they CAN'T believe someone has no internet access or mobile phone she simply cannot afford to have these luxurys). Mack hall have started to demand that she pays more per month, she cant as has no extra money, told her to borrow from someone/anyone to pay it all off NOW, she can't, she has asked all that she can for help but noone is in a position to hand over money in this climate.

    She has had NO paperwork on outstanding amounts/interest accrued etc etc, she does however have a bank record of amounts paid as paid by card monthly.

    Can she go back to the original lender and ask to pay them direct as the "nice" man from Mack hall keeps turning menacing on the phone (undertones on the phone etc) sometimes 8 or 9 calls a day/

    She really wants to pay off the debt. I feel really sorry for her as she really thought that this company was the answer to getting it paid.

    Thanks for reading and any advice in advance.
    Chipmunk
    Tags: None
  • #2
    Re: Mackenzie Hall

    so muckyhall

    what screams out is

    how old is this debt

    Comment

    • #3
      Re: Mackenzie Hall

      Hi chipmunk1200, & well done you for trying to sort this out for your friend.

      This is a prime example of why the advice given is

      Do not speak to debt collection agencies on the phone.

      Everything in writing only.

      I'm sure you will soon receive plenty more pointers from others on here soon.

      It would be an advantage to have a bit more info (Timelines, exactly what the MH letter says - are they an agent for the original creditor, or do they claim to be the new owners of the debt -with your friends name removed, etc)
      ------------------------------- merged -------------------------------
      Originally posted by miliitant View Post
      so muckyhall

      what screams out is

      how old is this debt
      It would appear that the debt has been acknowledged.
      Last edited by charitynjw; 10th February 2012, 16:21:PM. Reason: Automerged Doublepost
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #4
        Re: Mackenzie Hall

        Thanks for the quick replys so far, will find out exactly how old it is and have told her NOT to communicate on the phone at all, after reading prev posts on here, incidently the "NICE" man phoned her within the last half hour, she let him waffle on then said there is somebody at the door I will phone you back in half an hour (their favourite trick with her then leaving it all day with her waiting) I have told her to make an appt with CAB ASAP.

        Scuttles off to phone to find out more info.

        Comment

        • #5
          Re: Mackenzie Hall

          OK so spoke to friend, letter dated aug 2011, debt is +6yrs old, probably nearer 8.

          It goes
          We are instructed by our client to recover outstanding balance on this overdue account please contact us within 72 hrs or appropriate action will be taken.

          Payments started in sept, to date paid 1200.

          Name that is on letter is never who she gets to speak to only the "NICE" man, ha ha ha thats a joke!!

          As for her acknowleged the debt, she really wants to pay it off now her head and health is getting better.

          There is NOTHING that has been signed but the phone call a little while ago was about her supposedly having agreed to pay another 40.00 per month and is now in default by 40.00.

          The amount that this debt started off at and the "owed" amount now is nearly double, I understand that the interest accrued from the OC would amount to quite a bit but double??!

          BTW she not going to speak to them again until she has got some help from somewhere,
          What a nightmare, I had never heard of this company until the other day and google enlightened me somewhat!
          Sound like a shower of the proverbial!

          Comment

          • #6
            Re: Mackenzie Hall

            Hi Chipmunk,

            MH are committing an offence under Section 2, Protection from Harassment Act 1997 and are in breach of OFT Debt Collection Guidelines by phoning your friend 8 or 9 times a day. Go to the OFT website and download and print off a copy of the Guidelines for your friend so that they have that to hand. Also, get your friend's permission to submit a formal complaint against MH to OFT Consumer Credit Licensing Department and her local Trading Standards Department through Consumer Direct, though, it would probably be quicker to go straight to the TS offices in person. Find out who the OC is and send a Signed For letter to them, advising they are vicariously liable for the actions of MH. Explain your friend's state of health and circumstances and that she is classed as vulnerable. There are special rules governing the way DCAs deal with vulnerable persons and these should be in the Debt Collection Guidelines. The OC will need to take account of the fact your friend has suffered a heart attack and the possibility of her suffering a further episode.

            You should also write to MH advising them that their actions are in breach of OFT Debt Collection Guidelines and the Protection from Harassment Act 1997. You should also ask them if they are aware of your friend's heart attack and if they have conducted a risk assessment as required by Regulation 3, Management of Health and Safety at Work Regulations 1999. You will also need to advise them that they have a statutory duty under Section 3, Health and Safety at Work Act 1974 to ensure the actions of their company and its employees do not put your friend's health at risk. Not only is it an offence for MH to have not carried out a risk assessment, it is also an offence for them to not comply with a statutory duty to ensure the safety of the public.

            I have attached a template Authority to Act which should enable you to take the heat off your friend who, believe me, is at risk due to their health.

            Let us know how you get on.

            Bluebottle
            Life is a journey on which we all travel, sometimes together, but never alone.
            • 1 thank

            Comment

            • #7
              Re: Mackenzie Hall

              How long from the last time she paid anything towards the debt and when she started paying again? If it's 5 years or longer then the debt is barred and Mucky Hall have no right to chase it. There is no acknowleding the debt, if it's barred it's barred. What Mucky are then doing is illegal.
              • 2 likes

              Comment

              • #8
                Re: Mackenzie Hall

                Adding to what Shell has said Chipmunk, in addition to Section 2, Protection from Harassment Act 1997, MH are committing an offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation) by chasing a debt they are not legally-entitled to chase, and, possibly, if they have been making threats of any description, Section 21, Theft Act 1968 (Blackmail) also.

                Use the template Authority to Act I've attached to my post in this thread to put a stop to MH's actions. If they persist, threaten them with the OFT and the police.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment

                • #9
                  Re: Mackenzie Hall

                  Originally posted by charitynjw View Post
                  Hi chipmunk1200, & well done you for trying to sort this out for your friend.

                  This is a prime example of why the advice given is

                  Do not speak to debt collection agencies on the phone.

                  Everything in writing only.

                  I'm sure you will soon receive plenty more pointers from others on here soon.

                  It would be an advantage to have a bit more info (Timelines, exactly what the MH letter says - are they an agent for the original creditor, or do they claim to be the new owners of the debt -with your friends name removed, etc)
                  ------------------------------- merged -------------------------------


                  It would appear that the debt has been acknowledged.
                  be it acknowledged or not

                  once statute barred, thats it, you cant undo it by acknowledge the debt again
                  ------------------------------- merged -------------------------------
                  Originally posted by bluebottle View Post
                  Adding to what Shell has said Chipmunk, in addition to Section 2, Protection from Harassment Act 1997, MH are committing an offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation) by chasing a debt they are not legally-entitled to chase, and, possibly, if they have been making threats of any description, Section 21, Theft Act 1968 (Blackmail) also.

                  Use the template Authority to Act I've attached to my post in this thread to put a stop to MH's actions. If they persist, threaten them with the OFT and the police.

                  I did not think the protection from harassment act cut it anymore with a dca

                  i thought it was now CPUTR

                  CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS
                  Last edited by miliitant; 10th February 2012, 18:11:PM. Reason: Automerged Doublepost

                  Comment

                  • #10
                    Re: Mackenzie Hall

                    Is there anyway that she can find out if this debt (other than dates on her statements, which I fear she may not have dating back to the 6 yrs mark) is statute barred?

                    Thank you all so far, going to digest all the info given already and talk to friend properly about it all, not sure how long ago since she paid anything to it all but suspect it is as long as she said before, 6+ years, have downloaded the form that was posted and will take that along to her, after all the advice so far she is much more upbeat already, hopefully I can help further to get this all sorted, I will keep an update going, she is amazed that everyone has been so helpfull and thanks you all so far.
                    • 1 thank

                    Comment

                    • #11
                      Re: Mackenzie Hall

                      I believe a debt becomes SB after five years in Scotland, not six.

                      Comment

                      • #12
                        Re: Mackenzie Hall

                        Originally posted by chipmunk1200 View Post
                        Is there anyway that she can find out if this debt (other than dates on her statements, which I fear she may not have dating back to the 6 yrs mark) is statute barred?

                        Thank you all so far, going to digest all the info given already and talk to friend properly about it all, not sure how long ago since she paid anything to it all but suspect it is as long as she said before, 6+ years, have downloaded the form that was posted and will take that along to her, after all the advice so far she is much more upbeat already, hopefully I can help further to get this all sorted, I will keep an update going, she is amazed that everyone has been so helpfull and thanks you all so far.
                        The only way to make certain is for her to DSAR the credeit card company. This will give her the exact date of the last payment.

                        Oh and Scotland it is 5 after years that a debt becomes barred.
                        Last edited by shell; 10th February 2012, 20:32:PM. Reason: Automerged Doublepost
                        • 1 thank

                        Comment

                        • #13
                          Re: Mackenzie Hall

                          Originally posted by shell View Post
                          Yup, that's why I said 5 years or longer. Scotland is 5 years.
                          ------------------------------- merged -------------------------------


                          The only way to make certain is for her to DSAR the credeit card company. This will give her the exact date of the last payment.
                          Sorry Shell, missed that bit. Note to self, PAY ATTENTION

                          Comment

                          • #14
                            Re: Mackenzie Hall

                            Originally posted by alsagerman View Post
                            Sorry Shell, missed that bit. Note to self, PAY ATTENTION
                            Just removed that as I reread it and it sounded a bit cheeky. Didn't mean to be.

                            Comment

                            • #15
                              Re: Mackenzie Hall

                              well it turns out that she is convinced that it's more than 5yrs BUT is going to look out anything that she has left, but when she had her "head in the sand" when her depression was really bad she shredded anything that was stressing her out, a case of out of sight out of mind, thought that if she was not stressed another heart attack wouldn't happen, poor woman had another after that.

                              Puts dunce hat on.... what is a DSAR, have I missed this in above posts?

                              I am not very good at sussing out the letterings and meanings, computer lingo bamfoozles me :P but it is prob very obvious

                              Chipmunk. x

                              Comment

                              Previous 1 2 Next

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X