OFT threatens knockout punch to debt collectors.

Page last updated Thursday, 30 April 2009

001-oft-threatens-knockout-punchThe Office of Fair Trading has taken action against Mackenzie Hall Ltd, a debt collection company, requiring it to improve its practices.

The OFT has used its powers under consumer credit legislation to impose 'requirements' on Mackenzie Hall after an investigation found that some of its business processes failed to meet satisfactory standards. As a result of these requirements, Mackenzie Hall must not: * pursue a debt where it has been notified in writing that there is reasonable cause to believe that the debt is in dispute, and * pursue a debt where it has been notified in writing that the debt is statute barred.

Failure to comply with a requirement could lead to a fine of up to £50,000 and/or possible revocation of Mackenzie Hall's consumer credit licence.

Following an application by the company to renew its existing consumer credit licence, the OFT carried out an in-depth investigation into Mackenzie Hall's business practices and procedures, including a visit to its offices. The investigation found that whilst the company's procedures were of a satisfactory standard, complaint evidence received by the OFT showed that some of these procedures were not always followed.

The OFT raised its concerns with Mackenzie Hall and confirmed that it would be looking to impose requirements to improve compliance. Mackenzie Hall acknowledged the problems and, as allowed under the Consumer Credit Act 1974, made a proposal to address the OFT's concerns.

Ray Watson, OFT Director for Consumer Credit, said:

'Persisting with debt collection activity when debts are in dispute can give rise to significant consumer detriment, particularly where vulnerable consumers are involved.'

'In this case Mackenzie Hall has co-operated fully with the OFT and has taken steps to ensure that the business follows correct procedures for handling disputed and statute barred debts.'

'We will continue to use our licensing powers to take action to protect consumers where debt collectors fail to ensure full compliance with our guidance.'

Source: www.oft.gov.uk

DebtWizard Comment

The Limitations Act 1980 outlines the time limit within which a creditor can pursue a debtor for outstanding debts and only applies when no contact has been made between the creditor and debtor within the given time limit, this Act applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

In Northern Ireland, statue barred debts are governed by the Limitation (Northern Ireland) Order 1989. In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor.

Depending on the type of debt in question The Limitation Act 1980 has additional effects, more on this and a template letter you can use to send to creditors on debts you believe are ststute barred can be found here


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themullings@gmail.com (Guest) Saturday, 23 April 2011

I need help my homes are under attack, the Sheriff came and changed the locks, I have no money, I am disabled, I am a widow with 2 small children I have 3 properties and in November 2010 these unknown agents came on our properties and convinced our new tenants all of them to hand over their rents to them there fore we are now homeless we are in Ontario Canada


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