DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

[Noushki]

I have just received a letter dated 22nd April that says:
"Despite repeated efforts to contact you (they called me while I was on holiday abroad and I have had my phones switched off), we have still not received a response.

Therefore we may have no option but to sanction a Doorstep visit to your property by our field collectors Meritforce.

Alternatively we may advise our clients to issue a Claim against you in your Local Court.

If judgment is granted the following may apply:
- Your debt being increased to include Legal Costs and Interest
- Your name being entered in the Public Records of your Local Court.

Failure to satisfy the judgment, if granted, may result in further enforcement action being taken against you.

To avoid of this action, payment must be lodged at this office within the next 72 hours. If this is not possible please contact ....... on ...... imeediately. "

1. I had a loan with Quick Quid. While i was under debt management with Baines and Ernst i was paying them 60 pounds a month towards the loan. They have never officially agreed to the payment plan - that was what i was told by B&E.

2. I left Baines and Ernst cause they charged me 97 pounds a month and did absolutely nothing, i constantly had to complain to them about the fact that i still receive phone calls from lenders, that my interest has not been fully frozen and that some of them receive the payment by cheque, not by transfers despite the fact they offered to provide the bank details.

3. Quick Quid did not want to agree that I continue to pay 60 pounds a month, They wanted 200 pounds a month that i cannot afford. All other lenders agreed to accept the sums as negotiated previously by Baines and Ernst.

4. They refused to speak to me and then they sent me an email informing me they sold my debt to MacKenzie Hall, but they have not provided them with the right balance. The one stated on the letter has NOT included all the money i have been paying for few months.

5. MacKenzie Hall guy who I spoke to on the phone (he called my office number) was rude, arrogant and did not want to let me speak or explain. I said to him that i do not see a point of continuing the conversation and I hang up on him.

6. No they sent the letter.

Could you please advise me how to proceed, what my rights are and what can happen next?

I will much appreciate your help.
Noushki

[nemesis45]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

Mac Hall use Scott Call a " specialist" door step collector, you can safely ignore their callers IF one shows up, they have no powers to do anything, you don't have to speak to them!! They spout a company " script" about helping you to pay your debt!
Should it happen the one does show up an "invitation" to leave your property or be removed is very effective.

nem

[FlamingParrot]

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?

The vast majority of doorstep visit threats are just that, it's much cheaper to send letters threatening a visit than actually sending a field agent or doorstep collector round to your place. In the unlikely event of someone turning up, you can just refuse to speak to him and slam the door.

[nemesis45]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

got this reply this morning:

Thank you for your email regarding your account.

We have placed your account on hold while we raise your dispute with our client.

Further to your comments about defaulting your credit file, please be advised that Credit Solutions does not engage with credit reference agencies therefore please contact our client directly with this query.Please let us know if you have any further queries,Kind Regards

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

Hi Given the type of business Credit Solutions deals in it has no
reason to report to CRAs, it works on behalf of other organisation
that are the " data controller" in regard to the matter which CS
are authorised to act upon.

Complaints about credit file entries should be addressed to the data controller
of the company that placed the original entry i.e. the original creditor.
DCA's / Debt Purchasers can only update files with their data, e.g. their name etc.

If you believe the " current owner " of the debt has changed an entry a formal
complaint to their data controller should be made.
Place notices of dispute/correction on the files held by all 3 main agencies,
they will contact the relevant company to check on the data provided.

nem


The default date and other entries must remain the same as the original entry (s).

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

got this reply this morning:

Thank you for your email regarding your account.

We have placed your account on hold while we raise your dispute with our client.

Further to your comments about defaulting your credit file, please be advised that Credit Solutions does not engage with credit reference agencies therefore please contact our client directly with this query.Please let us know if you have any further queries,Kind Regards

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

[booboo]

Re: DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

thank you for your help.

I will keep you updated as matters arise.

[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

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

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

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

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

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

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!

[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.

[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