• 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.

Need advice regarding Mackenzie Hall

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Need advice regarding Mackenzie Hall

    Hi, I am looking for a little advice regarding a letter that I have received from Mackenzie Hall. They have recently acquired a debt from Cabot Financial that was from a credit card I had a number of years ago.

    Basically, due to their constant harassment (Cabot Financial) I decided to ignore their letters and phone calls as I got sick of repeating myself. Here is a brief history of the debt:

    1. I took out a credit card with Citi Cards a number of years ago.

    2. Due to illness, I was forced to leave work. Initially, I hoped that this would only be short term but, needing numerous operations on my back, as time went on I began to struggle paying my debts.

    3. After contacting the Citizens Advice Bureau, I sent each of my creditors an earnings expenditure form outlining my income and outgoings, then placed them on reduced payments until things improved.

    4. Unfortunately, my creditors wanted a higher amount than what I had offered and continued to apply charges and interest. This resulted in the reduced payments I was making being completely swallowed. In addition to this, I needed another operation and was made aware that I would be housebound for approximately six months afterwards.

    5. Seeing no end to the situation and with the constant bombardment from creditors causing a lot of stress, regrettably, I threw in the towel and filed for bankruptcy. The Official Receiver took control of all of my accounts and issued me with a statement to send to all of my creditors. They were instructed to contact her office if they required any further information and I was told not to make any more payments on any of the accounts that she took over.

    With an enormous sense of relief, I done this immediately. The debt, at that time, was still with Citi Cards so that was who I sent the proof of bankruptcy to. However, approximately six months after my discharge, I was contacted by Cabot Financial, they informed me that they now held the account and instructed to call them to arrange payments. I informed the Official Receiver and was told to show/send them proof of my bankruptcy - which I done.

    The letter that I received today is with reference to a failure to respond and one of the paragraphs says:

    We have been instructed by our client Cabot Financial (Europe) Limited to recover this overdue account on their behalf. Our client has informed us that they are unaware of any legitimate reason for non-payment of their account.
    This is a lie because I sent proof to Citi Cards on 2 separate occasions, who would also have been contacted by the Official Receiver, surely? However, I also sent proof to Cabot Financial on about 5 different occasions. They have left me alone for a couple of years, but began contacting me again a few months ago.

    Having looked at different threads regarding Mackenzie Hall, the majority seem to be saying just ignore them, but as my situation is different (it was included in my bankruptcy) I was wondering whether I would be best ignoring them or telling them the Official Receiver took that account?

    The last thing that I want or need is for somebody to turn up on the doorstep demanding money that I do not have. Any help would be greatly appreciated. Thank you.
    Tags: None

  • #2
    Re: Need advice regarding Mackenzie Hall

    The obvious thing for you to do is notify them the debt was included in the BK and ask them to remove the account from their records.

    You could quote this part of the Data Protection Act to back up your request:

    Of the eight Data Protection Principles I believe these apply to my situation:

    4. Personal data shall be accurate and, where necessary, kept up to date. Clearly this is not the case with my account as my bankruptcy was some time ago, and organisations have already been notified this debt was included with that. The data should therefore already have been removed.

    5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Again, you are unlawfully processing my data. You have kept it for longer than is necessary as the debt was fully extinguished by my bankruptcy (copy enclosed). I must insist that ALL data relating to this account be removed from your systems forthwith, or I shall have no option but to report you to the ICO.

    Please confirm, in writing, to me that you have processed this request.

    That should hopefully give you a good start for your letter.

    Comment


    • #3
      Re: Need advice regarding Mackenzie Hall

      You could also, on top of what Labman has stated, quote the Protection from harassment act 1997 (Ferguson -v- British Gas Trading Ltd; CA 10-Feb-2009) and the fraud act 2006 - On the basis that as the debt was part of the BK, then they can not lawfully pursue for it and by doing so they are harassing you, and they are in breach of the fraud act 2006 for false representation i.e. falsely claiming you owe money that you do not, in order for them to make a financial gain that they are not lawfully entitled too!
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: Need advice regarding Mackenzie Hall

        Always good to keep some cards up your sleeve though!

        Comment


        • #5
          Re: Need advice regarding Mackenzie Hall

          That is so true, and pleasure you get from hitting them with it after they try and fob you off is great lol.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Need advice regarding Mackenzie Hall

            Originally posted by teaboy2 View Post
            You could also, on top of what Labman has stated, quote the Protection from harassment act 1997 (Ferguson -v- British Gas Trading Ltd; CA 10-Feb-2009) and the fraud act 2006 - On the basis that as the debt was part of the BK, then they can not lawfully pursue for it and by doing so they are harassing you, and they are in breach of the fraud act 2006 for false representation i.e. falsely claiming you owe money that you do not, in order for them to make a financial gain that they are not lawfully entitled too!
            Quite correct, TB. Section 2, Fraud Act 2006 (Fraud by False Misrepresentation) would, in my view, be the most appropriate offence to cite. They also need to be reminded of the provisions of Section 12 of the Act, which provides that a company, its directors, managers, officers and secretary can be prosecuted where offences under Section 2, 3 or 4 have occurred with their consent or connivance. A conviction, subject to appeal, would result in a lifetime ban from acting as a company director and in Mucky's case, as a company, well, it would be interesting to see how the OFT dealt with that. Strictly speaking, loss of licence should be automatic, subject to appeal.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Need advice regarding Mackenzie Hall

              I can't see any need at present to threaten criminal proceedings or quote criminal law against them. They have an obligation under the DPA to remove the OP's data. This should be the starting point. If they then fail to comply, by all means escalate.

              Comment


              • #8
                Re: Need advice regarding Mackenzie Hall

                Originally posted by kimnpat View Post
                The last thing that I want or need is for somebody to turn up on the doorstep demanding money
                They won't, because MacKenzie Hall are far too cheap for that - they're all mouth and $1.03 Bangladesh sweat-shop trousers.

                Besides, wouldn't you secretly enjoy telling them to bugger off and shutting the door in their face?

                Comment


                • #9
                  Re: Need advice regarding Mackenzie Hall

                  Originally posted by CleverClogs View Post
                  They won't, because MacKenzie Hall are far too cheap for that - they're all mouth and $1.03 Bangladesh sweat-shop trousers.

                  Besides, wouldn't you secretly enjoy telling them to bugger off and shutting the door in their face?
                  Yep and the specialize in statute barred and/or unenforceable debts - They have no powers so even if they did turn up on your doorstep, tell them to leave or you will call the police and report them for tort of trespass as they you did not agree to any such appointment where they could come visit you - OFT debt collection guidelines clearly state they must make a prior appointment before turning up. If they state they are bailiff etc and will come back with a locksmith, ask them for the court writ and their ID if they don't show it (which they won't as they aren't bailiffs at all) then they are committing an offence!

                  But i have never heard, despite all their threats, of any one having them turn up on their doorstep.
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR

                  Comment


                  • #10
                    Re: Need advice regarding Mackenzie Hall

                    Thanks all, I appreciate your advice. I will post their reply to my letter when I receive it in order to help anyone else in the same situation. With regards to:

                    I can't see any need at present to threaten criminal proceedings or quote criminal law against them. They have an obligation under the DPA to remove the OP's data. This should be the starting point. If they then fail to comply, by all means escalate.
                    I would be inclined to agree. Having looked at the letter again, I do think that it is a little strange that they included:

                    Our client has informed us that they are unaware of any legitimate reason for non-payment of their account.
                    I am now wondering whether they do know I sent proofs to Cabot Financial and Citi Cards and are trying it on hoping that I offered to pay something.

                    Comment


                    • #11
                      Re: Need advice regarding Mackenzie Hall

                      Originally posted by labman View Post
                      I can't see any need at present to threaten criminal proceedings............
                      Spoilsport!
                      We had seconded the Rottweilers & everything.............
                      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


                      • #12
                        Re: Need advice regarding Mackenzie Hall

                        Originally posted by kimnpat View Post
                        Having looked at the letter again, I do think that it is a little strange that they included:

                        Our client has informed us that they are unaware of any legitimate reason for non-payment of their account.


                        I am now wondering whether they do know I sent proofs to Cabot Financial and Citi Cards and are trying it on hoping that I offered to pay something.
                        It is standard flim-flam.

                        How many years ago were you discharged from bankruptcy?

                        Comment


                        • #13
                          Re: Need advice regarding Mackenzie Hall

                          Originally posted by labman View Post
                          I can't see any need at present to threaten criminal proceedings or quote criminal law against them. They have an obligation under the DPA to remove the OP's data. This should be the starting point. If they then fail to comply, by all means escalate.
                          There is no harm in pointing out what potential criminal offences are apparent, Labman. At least, then, posters can see just how serious a DCA's actions are and the risks its management are running. If criminal proceedings did become necessary further down the line, that is a matter for the police and CPS.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment

                          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