Letter from Mackenzie Hall

krizzy wrote: »

Hi guys
I made the mistake of phoning MH. A very rude chap told me i owed £600 on a loan from 1997 and it was about time i paid it. I didnt have a clue what he was talking about. I told hime i wasnt paying a penny and i wanted to see the credit agreement. The guy went crazy so i hung up. After 13 years im sure this debt is statute barred its not even my debt. How do these people get away with it?

Because it's not against the rules to chase Statute Barred debts. The only thing they can't do is enforce it through the courts.

What DCA's like MH rely on is Joe Public not knowing their rights, and paying up after some pressure.

If they write to you, send them this: http://forums.moneysavingexpert.com/showpost.html?p=33791957&postcount=25

Hi guys
Im gonna send the statute barred letter to muck hall on monday. I wish more people knew there rites MH would be out of buisness over night if they did. It makes me sick to think that there are thousands of people giveing money to these vermin. I bet a lot of people are paying off dedts that arent even theres. Im not gonna be one of them. I would rather saw my own legs off then give muck hall a penny. Sorry guys had to let off a bit ov steam.

fatbelly wrote: »

If it's not your debt then don't use the statute barred letter, use the 'prove-it'

If you know this is your debt but you haven't acknowledged it for over 6 years then the statute barred one is the one to use.

I suppose if you dispute that the debt is yours, but you realise it would be statute barred anyway, then you could combine the two?

That may get these idiots off your back quicker, while stil covering all bases.

Maybe something like:

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to <creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully




Mrs A N Other