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**Never-In-Doubt** · 17 October 2010, 06:23

Re: Paid off Mackenzie Hall but now find I never had to. Hel

You cannot claim back monies paid in a SB debt - it's for you to realise it is SB - not the lender. Technically they have breached guidelines by asking her to pay a SB debt and the best you could do is complain to the FOS citing the fact that they were agressive and threatening on the phone and put your wife in an awkward position and pretty much forced her to pay - that will help your case but I doubt you'll get refunded, unless the DCA feel generous.

Sorry, but it's technically only wrong for a lender/dca to hassle you for payment when they KNOW it is SB'd - they could have just been sold the account, and tried their luck (which is what they will say anyway).....

**livi.till.i.di** · 17 October 2010, 12:25

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Cheers Nid,

Will try the FOS but I doubt I will ever see it again.

**Never-In-Doubt** · 17 October 2010, 12:40

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Try asking the firm first, worth trying it on - use guidance from the template letters to help you compile a letter, specifically the quote below and this: ---> viewtopic.php?p=2313#p2313

remember to mention that you'll complain which will cost them £500 anyway so it is cheaper for them not to have to defend your claims with the FOS; and to pay back what they "stole" from you..... reverse the facts so it suggests they done wrong, and you done as told...

1

Technically, repayment into a SB debt falls under unenforceability rules, but that's not to say you'll understand cos it's not the same unenforceability I refer to on here (lol sorry to confuse matters)....

Read this as well: ---> http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

OFT Debt Collection Guidance
The Office of Fair Trading (OFT) has issued Debt Collection guidance which looks at whether a debt is being collected fairly. They say:

It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years. [/\*]
The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time. [/\*]
It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t. [/\*]
It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred. [/\*]

If this happening then you can complain to your local Trading Standards Department in the council. They can take up your case for you. You can also complain to the OFT. Their address is at the end of the factsheet. The OFT does not usually take up individual cases but their Debt Collection Licensing Enforcement Team collects information that can be used to take action against problem creditors, who can even lose their Consumer Credit licence.

**livi.till.i.di** · 17 October 2010, 21:20

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Thanks mate. Have knocked up a good letter and also looked at the site you provided me. Sending it Recorded Delivery 2moro and see what they come back with.

Cheers again mate. Did you get my PM?

**Never-In-Doubt** · 18 October 2010, 05:20

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Originally posted by livi.till.i.die

Thanks mate. Have knocked up a good letter and also looked at the site you provided me. Sending it Recorded Delivery 2moro and see what they come back with.

Cheers again mate. Did you get my PM?

Hiya, yep PM received sorry for delay. Basically write to the CRA's and explain the situation with addresses to them, they are the ones who can sort this. If they say no (which they are entitled to) then not much you can do, other than ensure they all have your current address - but in any case the link to the previous one will not pose any problem, cos they KNOW you're no longer there so wouldn't write to you there or anything (well they shouldn't)!.....

**livi.till.i.di** · 17 November 2010, 12:25

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Well I never.............Full refund and appology from MH saying they were sorry................

Ding........Dang........Doo

**DGJsaver** · 17 November 2010, 13:52

Re: Paid off Mackenzie Hall but now find I never had to. Hel

lol , you did well there , good work sir

**billypre** · 17 November 2010, 15:56

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Now you need to send them a letter asking for compensation for the stress and hardship you and your wife suffered as a result

**livi.till.i.di** · 17 November 2010, 16:27

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Just happy to get the money I paid them back to be honest. Was a turn up for the books they even gave me a refund.

**billypre** · 17 November 2010, 16:35

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Aye, that was a result and a half matey. Well done !

**Never-In-Doubt** · 17 November 2010, 16:43

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Originally posted by livi.till.i.die

Just happy to get the money I paid them back to be honest. Was a turn up for the books they even gave me a refund.

Excellent news - well done. I do like a happy ending

**livi.till.i.di** · 28 November 2010, 17:26

Re: Paid off Mackenzie Hall but now find I never had to. Hel

A TWIST IN THE TALE!!!

My cheque in hand and off I go to the bank....All is well with the world........

Get home and what is on the doorstep....another letter from MH. I wonder what they want now I think to myself. Open it up and to my shock there is a letter there with the same account number and details as the account they have just refunded me stating that this account is now in arrears and they will now attempt a Doorstep Assessment for the Principal some of £531.34. It states "Despite repeated efforts to contact you ......Bla Bla Bla.....Your debt being increased to include legal costs and Interest should we apply for a Judgement.....Bla Bla Bla. It also has a statement of account which shows the payment of £265.67 last year stating there was an outstanding balance of £265.67. Must be a knock on effect from my letter I thought and old details until I see the refund they have sent me dated 04/11/10. This refund has taken the balance back to £531.34.

Now this letter does not bother me in the slightest but am a bit miffed to say the least that they have sent this out. My "Sorry Letter" from them is dated 04/11/10 and clearly says “We are please to inform you your account is now paid in full; therefore it is imperative you cancel any method of payment pertaining to this account”.

Are these people for real or are they that stupid. I logged into the "Online" account details they provided me and there it is.....A live debt account for the sum of £531.43.

Another letter Nid???

**billypre** · 28 November 2010, 17:56

Re: Paid off Mackenzie Hall but now find I never had to. Hel

It may just be that their system hadnt updated yet. Could just be an automated mail or something. The debts SB though so they cant take you to court (well they could try lol) and you have the cheque in the bank so i can't see how this could change anything.

Looks like the processing for their refund has blown their processing chip lol and now their automated system is going haywire :P

**livi.till.i.di** · 30 November 2010, 18:53

Re: Paid off Mackenzie Hall but now find I never had to. Hel

Cheque in the bank and all is well. Rang them (dont all shout at me at once for calling them and not writing) but the weather is poor and mail is even worse. They stated that their system had not been updated to show the account is closed and the letter was automatic when they changed my address...........

Job done.

Livi Till I Die and Niddy 1 - 0 Mackenzie Hall

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Paid off Mackenzie Hall but now find I never had to. Help?

Paid off Mackenzie Hall but now find I never had to. Help?

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