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Mackenzie Hall persuing husband!
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emmaanddave
Posts: 299 Forumite
Hi,
Last week my husband received a card from this company stressing he called them immediately. He did the day after to be told he had a credit card outstanding from 1997 and the balance and interest added is £6000!!! The situation is that when husband was previously married he took out a credit card for his then wife and when they got divorced she only had to pay that off and he took the house on etc. He thought she had paid it and has not heard anything til now.
He said on the phone to them what I have just said above.
Reading posts on here, if my husband send in the letters we have copied from here are we correct in believing this debt comes under the 6 year statute barred thingy?
He has heard nothing from the card company at all. We read somewhere that so long as you have not written to them admitting you owe that debt then you are ok and they have no legal powers to obtain the money from you.
PLease can someone offer some advice. We are standing our ground and they have already threatened court etc in which my husband has said do as you so wish. They are very rude on the phone , refused monthly payements as they said they can only receive the full and final pay to settle the account.
Any advice greatly received. Has anyone else had similar experiences with this company? Husband is also a Police Sergeant and they are playing on that too!
Thanks
Emma.
Last week my husband received a card from this company stressing he called them immediately. He did the day after to be told he had a credit card outstanding from 1997 and the balance and interest added is £6000!!! The situation is that when husband was previously married he took out a credit card for his then wife and when they got divorced she only had to pay that off and he took the house on etc. He thought she had paid it and has not heard anything til now.
He said on the phone to them what I have just said above.
Reading posts on here, if my husband send in the letters we have copied from here are we correct in believing this debt comes under the 6 year statute barred thingy?
He has heard nothing from the card company at all. We read somewhere that so long as you have not written to them admitting you owe that debt then you are ok and they have no legal powers to obtain the money from you.
PLease can someone offer some advice. We are standing our ground and they have already threatened court etc in which my husband has said do as you so wish. They are very rude on the phone , refused monthly payements as they said they can only receive the full and final pay to settle the account.
Any advice greatly received. Has anyone else had similar experiences with this company? Husband is also a Police Sergeant and they are playing on that too!
Thanks
Emma.
0
Comments
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Under the Statute of Limitations act 1980, no actions formed upon a simple form of contract may be brought after 6 years from the expiry of that contact.
Or in plain English!, if the debtor has made no payment or admission to the debt for in excess of 6 years then the creditor, or their agents have no lawful cause to any further recovery action.
If you are sure that the above applies then send them the following;
Name of Creditor
Address of Creditor
Dear Sir/Madam
Re: Account No/Reference No:
No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that 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.”.
The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to your reply.
Yours faithfully
(Your signature):rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:0 -
Hi - I don't suppose that your husband could talk to his ex, that might help clarify the position. Did the divorce specifically require his ex to take on the card - that might give you the option of pursuing her.
I don't think that a 6 year limit is likely to apply (surely they've been trying to make contact before now?? seems bizarre it's come out of the blue) but perhaps other posters will be able to advise on this.
Hope you sort it out0 -
My husband does not know where his ex lives. It wasn't legally part of thiwr divorce just a verbal agreement between them. The card was taken out by my husband for her as she had bad credit and the card company or anyone else has made contact with him at all hence why he thought it was sorted by his ex wife!0
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Mackenzie Hall seem to specialise in trying to collect this type of 'debt', which they have probably purchased for a few pence. :mad:
They rely on the fact that not many people are aware of the 'Statute Barred' legislation. They KNOW they are 'chancing their arm', but they are a particularly unproffessional bunch of vultures, who will try anything to line their evil pockets! :mad: :mad: Just have a look at the other threads relating to MH, both on this forum and on the cag site - they are the pits! :mad: :mad:
You may have gathered that I do not hold MH in very high esteem:rolleyes:
CORRECT - but I am not alone - the Kilmarnock Trading Standards Office are also keeping a close eye on the activities of these people.
Do exactly as File_Wizard says - THEY CAN DO NOTHING.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Dave, my husband assures me he has had not contact from the companies and he will be sending one of the letters we have downloaded to them.
You are so right, they employ dirty, bullyish tactics to get people to pay when really they do not have to as many are unaware of this statute barred thing.
We didn't know about it. I only 'stummbled' across it when I googled the company and these threads come up about it and this website.
Hopefully we will have some news soon, but I am not holding my breathe cos as I have read that they do not reply that well to letters!
Thanks again!0 -
To Be Honest They Can Still Persue And More Than Likely Bought The Debt For Peanuts If I Were Your Husband Id Just Ignore Them If They Want The Money Let Them Take You To Court0
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If They Can ?????0
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Emmaanddave I sympathise. Something similar happened when I got with my husband. (He was already separated at this time). He and his first wife had got some furniture on credit. Husband was paying for it and when she left she took it all leaving husband still paying. He refused but it went to court and because no-one knew where she was he ended up paying a nominal £20 a month. It's not just the money as well, it's the sheer 'unfairness' of it all!!! :mad:
I hope you sort it out soon. xOfficial DFW Nerd Club Member no:219In the Court Of The Crimson KingI don't believe in the concept of hell, but if I did I would think of it as filled with people who were cruel to animals.Gary Larson0 -
The debt is Statute Barred, therefore there is no debt to be paid - no-one can take your husband to Court for anything!0
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This debt is statute barred as the debtor has not contacted the creditor for well over 6 years. Ignore it.
BUT. In the original post, you say MH refused an offer of monthly payments. Was this in writing, was the call recorded, did you know all the facts before making this offer IE the age of the debt? MH may try to say you have acknowledged the debt.
My advice is to send them the template letter regarding statute barring and then just ignore everything unless you get a summons. Under no circumstances call again.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0
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