DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

[Steppest]

Re: Doorstep Agents Visit From Motormile

Hi there,
ive been reading this thread and it's explained a lot about mucky halls MO. I would like to add a couple of tactics they have been using with me to try and obtain money/a new postal address.
1. They've called work, though work (mentioning no names but large supermarket where you can "taste the difference" have pointed out to them that unless this is business related they will not pass on any messages nor transfer any calls. Neither will they confirm nor deny that I work there due to their data protection policy
2. They have called as someone else, claiming that thy are a postal sorting place in Scotland and that they have undelivered mail for me. Once confirming my name I was then transferred to a Mucky hall agent. I told this agent not to call me at work (and this appears to have worked) Unfortunately I was so flustered at the time that I gave the agent my mobile number. I have subsequently ignored any unfamiliar numbers calling that number.
3. This morning at exactly 8 am I received a call from a number I did not recognise but which did have my local area code at the beginning. As I am on holiday at present I let it ring off (still happily dozing) and checked the voicemail message. Turned out to be a recorded message from Mucky hall!

I'm not requesting advice, just wanted to highlight to others the lengths this company will go to in bullying you into making a payment or handing your bank details over.

P.S. mentioned Mucky hall to a couple of ex bailiff friends of mine and the laughed and told me to ignore everything from them

[bluebottle]

Re: Doorstep Agents Visit From Motormile

Hi there,
ive been reading this thread and it's explained a lot about mucky halls MO. I would like to add a couple of tactics they have been using with me to try and obtain money/a new postal address.
1. They've called work, though work (mentioning no names but large supermarket where you can "taste the difference" have pointed out to them that unless this is business related they will not pass on any messages nor transfer any calls. Neither will they confirm nor deny that I work there due to their data protection policy
2. They have called as someone else, claiming that thy are a postal sorting place in Scotland and that they have undelivered mail for me. Once confirming my name I was then transferred to a Mucky hall agent. I told this agent not to call me at work (and this appears to have worked) Unfortunately I was so flustered at the time that I gave the agent my mobile number. I have subsequently ignored any unfamiliar numbers calling that number.
3. This morning at exactly 8 am I received a call from a number I did not recognise but which did have my local area code at the beginning. As I am on holiday at present I let it ring off (still happily dozing) and checked the voicemail message. Turned out to be a recorded message from Mucky hall!

I'm not requesting advice, just wanted to highlight to others the lengths this company will go to in bullying you into making a payment or handing your bank details over.

P.S. mentioned Mucky hall to a couple of ex bailiff friends of mine and the laughed and told me to ignore everything from them

Have you reported this to OFT Credit Fitness Team and Trading Standards yet? What you have described are clear and blatant breaches of OFT Debt Collection Guidelines on the part of Mucky Hall. There are also legal provisions by which a person can legally-restrain DCAs.

[Sparkie1723]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

"2. They have called as someone else, claiming that thy are a postal sorting place in Scotland and that they have undelivered mail for me"

This to me is a misrepresention designed to deceive, it is also an offence to pose as another business entity........I would certainly make the OFT aware of this.
I'd make the Royal Mail aware of the fact that they are posing to be part of the Royal Mail organisation and service.
I know I would........ but as everyone knows my views are not allways the same as others and are only my own


Sparkie

[bluebottle]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

"2. They have called as someone else, claiming that thy are a postal sorting place in Scotland and that they have undelivered mail for me"

This to me is a misrepresention designed to deceive, it is also an offence to pose as another business entity........I would certainly make the OFT aware of this.
I'd make the Royal Mail aware of the fact that they are posing to be part of the Royal Mail organisation and service.
I know I would........ but as everyone knows my views are not allways the same as others and are only my own


Sparkie

Solid gold advice, Sparkie. Royal Mail Investigation Section are going to be well-chuffed not with Mucky Hall for using that tactic. And the ICO isn't exactly going to be enamoured with them either.

Steppest,

I am attaching some documents to this post so that you can report Mucky Hall to OFT Credit Fitness Team, who are not going to be best-pleased with them over this. Don't forget to copy the email to your local Trading Standards.

As far as the ICO goes, ring their telephone helpline first. I have found that the best approach.

[Steppest]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

Thank you very much guys, I will get right on to this
Steppest

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

Send Meritforce the 'Trespass Rule' letter:


Dear Sir or Madam,

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

But how valid is this remark received today?

Thank you for your email.

I can confirm your telephone number has been removed and all communication will continue via email as per your request.

Please note that OFT rules no longer apply in this circumstance. Their responsibility of consumer credit was taken over by the Financial Conduct Authority (FCA) on the 01^st April 2014.

Please be advised that, under FCA rules, we do not require an appointment to visit your property. Our records show that the outstanding balance is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.

In law, our client is in a different position to a postman or a member of the public asking directions. When you opened this account, you impliedly agreed that our client could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the negative balance has been repaid.

We will not disregard any reasonable requests you make as to the timing or method by which we have those discussions. Unless we hear further from you with such a request, a doorstep visit may still be a viable option for us to discuss the repayment of your account.

Yours sincerely,

N Clark
Complaints Officer
For and Behalf of Credit Solutions

Capella Court,
Brighton Road,
Purley, Surrey
CR8 2PG

Tel: 020 8763 4519
Fax: 020 8763 9889

[Amethyst]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

Please note that OFT rules no longer apply in this circumstance. Their responsibility of consumer credit was taken over by the Financial Conduct Authority (FCA) on the 01st April 2014.

Yes that is completely correct.

Credit Solutions are threatening a doorstep visit ? I think it is very unlikely however you can still remove the implied right of access - ie they are saying you impliedly agreed, you therefore tell them you are withdrawing any previously implied agreement to their visiting your property - you wish only to deal with them by email/post.

Do you want to go through a bit of the background of this ?

Probably should set up a new thread as this one is from over two years ago.

[teaboy2]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

Also " you impliedly agreed that our client could communicate with you to discuss repayment." is not the same as giving implied right to turn up at your door demanding payment without an appointment! - As demanding repayment is not the same as discussing repayment nor do they need to turn up out of the blue to discuss repayment. Doing so puts you in a situation that is to your detriment i.e. unprepared, distressed etc! And right to communicate doesn't amount to right of access to your property!

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

On 02.03.15 I sold a bag on ebay for £63.88., the buyer paid by Pay Pal
On 05.03.2015 buyer emailed me to say that the bag was a “second” and that she wanted her money back
16.03.2015 The manufacturer of the bag emailed the buyer direct to confirm that the bag was not a second
Ebay refunded the buyer
16.03.15 Pay Pal also refunded the buyer
I made the necessary appeals to both Ebay and Pay Pal
All of my emails in my defence have been ignored.
Both Ebay & Pay Pal have passed the matter onto to Collections Agencies who are harassing me for money I do not owe.
I did speak to Nic @ Credit Solution acting for Pay Pal on 30.04.2015 and explained the situation, but I still get demands for money. It would appear that they have now passed the matter onto BCW Group and they are now harassing me.
Also, I am now getting letters from Transcom acting for Ebay demanding the money plus their fee making a total of £98.26
How can both Ebay & Pay Pal demand the same amount each, for one transaction?
08.07.2015 I received email below that was addressed to a Mr.Rollinson which is not me:
Dear Mr Rollinson
Thank you for your email.
I can confirm your telephone number has been removed and all communication will continue via email as per your request.
Please note that OFT rules no longer apply in this circumstance. Their responsibility of consumer credit was taken over by the Financial Conduct Authority (FCA) on the 01^st April 2014.
Please be advised that, under FCA rules, we do not require an appointment to visit your property. Our records show that the outstanding balance is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.
In law, our client is in a different position to a postman or a member of the public asking directions. When you opened this account, you impliedly agreed that our client could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the negative balance has been repaid.
We will not disregard any reasonable requests you make as to the timing or method by which we have those discussions. Unless we hear further from you with such a request, a doorstep visit may still be a viable option for us to discuss the repayment of your account.
Yours sincerely,
N Clark
Complaints Officer
For and Behalf of Credit Solutions
Capella Court,
Brighton Road,
Purley, Surrey
CR8 2PG
Tel: 020 8763 4519
Fax: 020 8763 9889
　
I have made it clear that I shall not be paying anyone without a court order.

[teaboy2]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

On 02.03.15 I sold a bag on ebay for £63.88., the buyer paid by Pay Pal
On 05.03.2015 buyer emailed me to say that the bag was a “second” and that she wanted her money back
16.03.2015 The manufacturer of the bag emailed the buyer direct to confirm that the bag was not a second
Ebay refunded the buyer
16.03.15 Pay Pal also refunded the buyer
I made the necessary appeals to both Ebay and Pay Pal
All of my emails in my defence have been ignored.
Both Ebay & Pay Pal have passed the matter onto to Collections Agencies who are harassing me for money I do not owe.
I did speak to Nic @ Credit Solution acting for Pay Pal on 30.04.2015 and explained the situation, but I still get demands for money. It would appear that they have now passed the matter onto BCW Group and they are now harassing me.
Also, I am now getting letters from Transcom acting for Ebay demanding the money plus their fee making a total of £98.26
How can both Ebay & Pay Pal demand the same amount each, for one transaction?
08.07.2015 I received email below that was addressed to a Mr.Rollinson which is not me:
Dear Mr Rollinson
Thank you for your email.
I can confirm your telephone number has been removed and all communication will continue via email as per your request.
Please note that OFT rules no longer apply in this circumstance. Their responsibility of consumer credit was taken over by the Financial Conduct Authority (FCA) on the 01^st April 2014.
Please be advised that, under FCA rules, we do not require an appointment to visit your property. Our records show that the outstanding balance is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.
In law, our client is in a different position to a postman or a member of the public asking directions. When you opened this account, you impliedly agreed that our client could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the negative balance has been repaid.
We will not disregard any reasonable requests you make as to the timing or method by which we have those discussions. Unless we hear further from you with such a request, a doorstep visit may still be a viable option for us to discuss the repayment of your account.
Yours sincerely,
N Clark
Complaints Officer
For and Behalf of Credit Solutions
Capella Court,
Brighton Road,
Purley, Surrey
CR8 2PG
Tel: 020 8763 4519
Fax: 020 8763 9889
　
I have made it clear that I shall not be paying anyone without a court order.

If you have proof the bag was new and not second hand, such as confirmation from the supplier than you could send a copy to PayPal and Ebay as an attachment to a letter before action, giving them 14 days to return the monies that the customer paid you for the bag, or you will begin legal proceedings. I'm off course assuming the bag was never returned to you? Therefore paypal and ebay are basically facilitating fraud, i.e. aiding and abetting in criminal acts either knowingly or unknowingly!

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

I have sent, on numerous occasions, to both Ebay & Pay Pal, a copy of an email from the manufacturer stating that the bag was first quality new.

I was going to wait for either or both of them to issue Court proceedings against me, then I intend to counterclaim, and chrge for all the time I have wasted in trying to resolve this matter.

I was going to send:

I am are withdrawing any previously implied agreement to your visiting my property - I wish only to deal with you by email/post.


to Credit Solutions (for Pay Pal) & Transcom(for Ebay)

What say you?

[teaboy2]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

The chance of them taking you to court is slim, they will pass it from one debt collector to another, they will default your credit file, to your financial deteriment and such default would be inaccurate and therefore libellous too.

YOu already have the grounds to take a claim to court yourself, for harassment, libel (if they have defaulted your credit file) and to reclaim the sums their wrongly refunded when you had proved the item was new - though i assume they are chasing you for those sums because you have already withdrawn them from paypal prior to them reversing the transaction?. The problem with PayPal and Ebay is they wrongly believe their buyer protection schemes take precedence over the law, but in vast majority of buyer claims they refund, the buyers claim is fraudulent. The onus is on the buyer/claimant to proof their claim in law, yet under ebay and paypal schemes its for the seller to proof the claim is false! I've personally threatened to take paypal to court on numerous occasions and managed to get the refunds they made reversed as a result!

Personally your best seeking a free consultation with a solicitor about this.

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

was going to send this to Credit Solutions. Tell what you think.

:

I am are withdrawing any previously implied agreement to your visiting my property - I wish only to deal with you by email/post.

The problem with PayPal and Ebay is they wrongly believe their buyer protection schemes take precedence over the law, but in vast majority of buyer claims they refund, the buyers claim is fraudulent as in this case, and I have the proof, which I have sent to Pay Pal on numerous occasions.

The onus is on the buyer/claimant to proove their claim in law.

If you default my credit file, to my financial deteriment, such default would be inaccurate and therefore libellous, and I shall have no hesitation in issuing legal proceedings against you.

Pay Pal need to reverse the refund that they made in order to get their money back from the fraudulent buyer and not me.

What say you? Shall I send it to them?

[teaboy2]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

was going to send this to Credit Solutions. Tell what you think.

:

I am are withdrawing any previously implied agreement to your visiting my property - I wish only to deal with you by email/post.

The problem with PayPal and Ebay is they wrongly believe their buyer protection schemes take precedence over the law, but in vast majority of buyer claims they refund, the buyers claim is fraudulent as in this case, and I have the proof, which I have sent to Pay Pal on numerous occasions.

The onus is on the buyer/claimant to prove their claim in law - Or be it in this case, the onus would be on PayPal/eBay to prove the buyers claim was factual and legitimate. If its found they can not prove this, then PayPal/eBay have via their buyer protection schemes facilitated the act of fraud by false representation made by the buyer as to the condition of the goods purchased (In this case second hand, when, in fact, they were Brand New) - A criminal act under the fraud act 2006!.

If you default my credit file, to my financial detriment, such default would be inaccurate and therefore libelous, and I shall have no hesitation in issuing legal proceedings against you.

PayPal need to reverse the refund that they made in order to get their money back from the fraudulent buyer and not me.

What say you? Shall I send it to them?

Yes send to them with the added bit in red, as that points out exactly what their position is in regards to supporting the buyer and the burden of proof being on them to proof the buyers claims was factual and legitimate and not fraudulent.

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

thank you for your help.

I will keep you updated as matters arise.