Mackenzie Hall

[dave69rock]

Hi

I've been having phone calls every weekday for two months now from Mackenzie Hall on my mobile and to my work and former employers i've never answered their calls i also received one letter.

Today i sent and e-mail to their CEO if it works i'll let you know please see the letter below if it works please feel free to use it.

Mackenzie Hall F.A.O Owen James Chief Executive Officer

6^thSeptember 2012

Dear Owen

Re accounts ref:*******************

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me via E-Mail. I do not want any further telephone calls made to my former employers or myself.

To continue to contact me by telephone after I have requested you do not constitutes harassment. I require all future communications in writing via E-Mail for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards,For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute acriminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my former employers may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing Via E-Mail. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.
A copy of this letter will be posted to you personally

Yours,

***********************

[bluebottle]

Re: Mackenzie Hall

Hi Dave and welcome to Legal Beagles.

Looking at the email you have sent to Mucky Hall's CEO, you have included all the right elements and legislation. One tip I would give you, however. The Administration of Justice Act 1970 no longer has the same effect that it used to, due to the penalties under the Act being so paltry. The Protection from Harassment Act 1997 is a lot more effective where DCAs are concerned as it carries criminal sanctions. Also, there is case law - Ferguson -v- British Gas Trading Ltd 2009 - which means the company of Mucky Hall can be hit with a claim for civil damages for harassment. In serious cases, a without notice injunction can be sought from the county court under Section 3 of the Act. However, that is something that should only be done with the assistance of a legal professional.

[dave69rock]

Re: Mackenzie Hall

Thank you so much for your reply thats why i joined this forum

They have replied to my e-mail i won't reply, however the phone calls have stopped for now lets see what happens next week

Thank you for your email dated 6 September 2012.
 
As with every communication it is imperative that we comply with the Data Protection Act 1998. In order to do so I need confirmation of the following:
Ø Your full name, and
Ø Your current address including postcode.
Please note that I may also require, in the future, other information such as your previous address history for a specified period.
I find it prudent to inform that the Data Protection Act 1998 is not only there to protect us, but also you and your personal information.
 
 
Once I have received this information I can respond to your email accordingly.
 
 
Yours sincerely
 
Melinda Costello
Melinda Costello 
Compliance Assistant
Tel: 
Fax: 
Email: MCostello@mackenziehall.co.uk
Web: www.mackenziehallgroup.com

[bluebottle]

Re: Mackenzie Hall

What you've had from Mucky looks suspiciously like a phishing email. You are right not to reply. I am attaching a copy of the OFT Debt Collection Guidelines for you to play "Spot the Breaches" and make a list of what elements Mucky have breached. Deceitful Activity is a common breach of the Guidelines by DCAs. Should you have to make a formal complaint against Mucky, send a complaint by email to enquiries@oft.gsi.gov.uk and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint, quoting breaches of the Guidelines and the following details -

Company Name: Mackenzie Hall
Credit Licence No.: 544407

forwarding a copy to your local Trading Standards Department.

[dave69rock]

Re: Mackenzie Hall

It's been a week now since i sent the E-Mail, apart from the reply e-mail above they sent me i've heard nothing.

The phone calls and text messages have stopped, The calls to my work and former employer have stopped.

Happy Days:tinysmile_grin_t:
Long may it continue
Dave

[bluebottle]

Re: Mackenzie Hall

Mucky can ill afford to lose its licence. If they did, they would be buggered. You put together a good email and it appears to have had the desired effect. If they start again, I would send them a Notice to Desist, which is a pre-requisite to an injunction under Section 3, Protection from Harassment Act 1997. Should you need to do that, I am happy to help you put together the necessary letter (It is a legal procedure and should be in the form of a Signed For Letter.). Happy days.:tinysmile_grin_t:

[dave69rock]

Re: Mackenzie Hall

Hi i received an e-mail on 25th september from Mucky, not sure how to reply or even if i should

I write in response to your email dated 6 September 2012.  I note to date you have not responded to my email whereby I requested the following.
 
·         Your full name, and
·         Your date of birth, and
·         Your current address including postcode.
 
As with every communication it is imperative that we comply with the Data Protection Act 1998.
Please note that I may also require, in the future, other information such as your previous address history for a specified period.
 
I find it prudent to inform that the Data Protection Act 1998 is not only there to protect us, but also you and your personal information.
 
If we don’t receive this information within 14 days I will be left with no alternative than to close the complaint down.
 
Please feel free to contact me on 01563 556401 if you need any further assistance.
 
Yours sincerely
 
Melinda Costello
Compliance Team
 
 
Melinda Costello 
Compliance Assistant
Tel: 
Fax: 
Email: MCostello@mackenziehall.co.uk
Web: www.mackenziehallgroup.com
Mackenzie Hall, Portland House, 58 Portland St, Kilmarnock, KA1 1JG.

I did include my full name and D.O.B.(which they didn't ask for in their original email ) and mobile number( but they already had these )they just don't have my current address
Dave

[dave69rock]

Re: Mackenzie Hall

I sent This e-mail to them

Hi

You may have requested

· my full name, and

· my date of birth, and

· my current address including postcode.


As I don’t acknowledge any debt with you or your associates I’m not obliged to give you anything.

Please re-read my first e-mail and you will find I gave you my full name D.O.B. and phone number, but you already had these.

 
I will follow this e-mail up with a Notice to Desist under section 3 of the protection from harassment Act 1997

Yours

[lilolly76]

Re: Mackenzie Hall

Hi guys, sorry to jump in this thread but it is about mucky hall, I have been receiving letters, phone calls,texts and phone calls to my place of work from mucky hall,I have been ignoring every single one now but it is starting to get on my nerves now. I have recently received a door step assessment letter and that meritforce will call with in 10 days, I will tell him he's trespassing etc if he calls

Over 12 yrs ago I had a finance for a car,I think I payed about 3 yrs out of 5 , I have had numerous other companies chasing too, red castle,Cabot I forget the rest, but want to get it to stop.

2 yrs ago I took out a new mortgage with no problems and had a credit report done with experian and the debt from the company I took out finance with was not there, does this mean this is statute barred and I do not have to pay this back.
Please any response, would be extremely grateful
Thx for reading

[dave69rock]

Re: Mackenzie Hall

This Email arrived today i have no idea who Mr Smith is?

Dear Mr Smith

Thank you for your email dated 2 October 2012.

I apologise, I do have your date of birth.  I would like to acknowledge your complaint in writing and therefore would need you to confirm your address please.

I have removed any telephone numbers for you off our system, but should you wish me to call you to discuss this further then I am more than happy to.

Yours sincerely

Melinda Costello

[bluebottle]

Re: Mackenzie Hall

Mr Smith is a non de plume, a bit like John Doe, when you haven't got a confirmed identity for someone. It seems that Mucky's Melinda Costello still doesn't seem to get the message. If you have previously confirmed your current home address to Mucky, you shouldn't have to confirm again. Let me know if you require a template Cease and Desist Letter.

[dave69rock]

Re: Mackenzie Hall

Thanks Bluebottle

I'll wait to see if there are anymore emails, but deep down i'm thinking they won't stop.

What Amazes me is that they reply quoting something from a previous email that they never actually said.
And to admit they know me(by removing my phone number from their records) but call me Mr Smith.
It sounds more like an email saying I’ve just won £20,000,000 on the Thai lottery that I never entered and please send your address and bank details

[labman]

Re: Mackenzie Hall

It amuses me that they state they've removed your telephone number, then go on to state if you'd like them to call you to discuss the matter they will. How can they if they have removed your number?

@LILOLLY
Send the following:

Dear Sir,

Re: Statute Barred Account - Numbered – XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say in their Debt Collection Guidance, "It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.” It states further that, “Continuing to press for payment ….. could amount to harassment.”

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,



Print Name

[dave69rock]

Re: Mackenzie Hall

I very sure I don’t have any debts in 1998 I had a catalogue bill of £300 which I fell behind with when I lost my job, I’m pretty sure I paid it all back in full when I got a new job,

Since 1998 I’ve have many Credit Cards, Bank Loans, Mobile phone contracts & Finance for a car and are all paid in full, my Credit cards are still current and are paid via standing order each month.

My Credit rating at this time is excellent

[lilolly76]

Re: Mackenzie Hall

@labman

Thx for your reply I will send that off
Thx again