MACKENZIE

[miliitant]

Re: MACKENZIE

simple thing is to respond and say you know nothing of any debt owing to xyz dca and to get them to prove the debt

they will not do that as under the data protection act, unless they are sure that you are the account holder, they cant discuss the account with anybody

thats why a dca wants a payment of £1 over the phone when you phone them, it acknowledges the debt, you are confirming you are the account holder, and negates the statute of limitations

just send them the prove it template

[teaboy2]

Re: MACKENZIE

Davyb you miss the point. Acknowledging the debt now by offering a repayment plan would be acknowleging the full amount they are asking for. The priority here is not repaying the loan, but identifying whether the creditor is actually entitled to be repaid and just how much they are actually entitled too.

Yes i know the OP whats to repay, but if the agreement is not enforceable in law, then why should the OP repay anything when the creditor is not entitled to be repaid?

I did not tell the OP to deny the debt, but simply ask for copies of the agreement (CCA) and statement of account showing a break down of charges, i said nothing about denying the debt, but warned against offering a repayment plan at this time in case it is later deemed as acknowledgment of the debt of £1011, when the actual debt should be £206. Basically we need to estabilsh what the OP's other half actual owes before any offer of repayment plan is given. This means disputing the unfair charges that have increased the debt to £1011 so that all that needs to be repaid (should the creditor be legally entitled to it) is the actual debt of £206 plus any interest due.

Saying they should offer a repayment plan when the creditor or DCA is claiming £1011 5 times the original debt, is foolish as the DCA will keep taking repayments until the full £1011 is repaid, therefore resulting in the OP having to pay back 5 times more than the amount that the creditor is actually entitled too. Once the charges have been deducted from the £1011 to bring the debt back down to what is actually owed, then that is the time to make an offer of repayment, not before.

Also a CCA request is not useless, or do you personally know that the OP's CCA is legally enforceable? No you don't know! Only way to know if the loan agreement is legally enforceable is to get a copy and actually see it. And in my experience with payday loan companies, the CCA is not likely to be enforceable, which would also mean the debt would be unenforceable too, forcing the creditor to write off the debt.

Also just to add, although you yourself suggested getting the breakdown before making a repayment offer (i did not say you did not suggest that, nor did i suggest you did not). My post was not a direct response to yours, and was merely my own personally advice to the OP. Yes i disagreed with your advice to make it clear that they are willing to offer a repayment plan in the first letter, as that would be like acknowledging the full amount of £1011, especially if no mention is made in regards to disputing the charges, which the OP clearly can not dispute until they know what those charges are and how many. On top of that, at this time we do not even know if this is actually the OP's own debt that the creditor/DCA is chasing them for. Another reason why the CCA is not useless, as it maybe the creditor/DCA has got their wires crossed, which would also explain the difference between the original loan outstanding and the £1011 they are not pursuing the OP for.

Re: MACKENZIE

Was this loan taken out on line?

In either case a cca request is less than useless.

The OP said that he wanted to repay what he owed, showing the lender that he was willing to enter a repayment plan, can do no harm if he is acknowledging a debt.

Yes you need a breakdown of charges and an agreed balance before you start any plan, but that is what i suggested.

My impression of the OP is that they do not want to be inconvenienced with phone calls, denying the debt will most certainly result in increased pestering, if you send a letter as i suggested they most likely will follow the path you request.

D

[teaboy2]

Re: MACKENZIE

Actually in your first letter do not state anything about a repayment plan. As doing so could be seen as acknowlegement of the debt, and you clearly do not want to acknowledge the debt of £1011, when your husband only borrowed £206.

Chances are the debt is made up of charges at £12+ per failed card payment. Payday loan companies are well known to try daily to take payments from your cards and charge you each time they fail.

Therefore simply ask Mackenzie for proof of your husbands liability for this alleged debt and for a statement of account showing all charges and what those charges were for. Then you can dispute the charges as being unfair charges. You should also send Mackenzie a CCA request in order to get a copy of the loan agreement. You may well find they send you more than just one, with the original one being the only one that would matter as the others will likely have been created by the payday loan company purely to extend the loan period to enable them to keep adding fees and charges, though they will have ticked the box to make it look like they were signed by your husband, when they were not.

Quick Quid tried to do the same to me from a loan they alleged i had taken out in early 2009 which i never even received which they got Motormile to chase me for. They soon backed off and went quiet.

Re: MACKENZIE

HI
You can try the e-mail address on the letter but from all reports it wont work. So you have to write a letter.
Tell them that you are willing to arrange a repayment plan, which you will forward to them in due course together with in income and expenditure breakdown.

First however you require a breakdown of the amount claimed and confirmation that they have acquired the debt from wonga.

Tell them that all communication must be done by e-mail or post only.

D