Mackenzie Hall

tricky_tree_3

Hi there can anyone help me..

I've had a call from Mackenzie Hall regarding an outstanding debt of £3k which was from the Student Loans Company. Theres a CCJ on the debt but that was from 6 years ago. I've not paid any money towards the debt since it had a CCJ for the simple reason the Student Loans Company never came chasing me for it.

Now I get this call from Mackenzie Hall...luckily I was driving at the time and I told the guy this and he'd said he'd ring back, which he didn't.

Is the CCJ still enforcable after this time? If so why didn't the Student Loans Company just enforce it? instead of passing it on

I've had a quick look at other threads concerning Mackenzie Hall and it seems they are a dodgy lot to say the least and they also specialise in old debts that have become statute barred.

Would my debt have become statute barred? and is it still enforcable?

If anyone can help I'd be really appreciated

Thanks

GeorgeUK

A CCJ cannot become statute barred.
After 6 years however the company would need to reapply to the court for permission to enforce the debt.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act#7

I suggest you contact the national debtline or CAB for further advice. Not too sure if there are any threads detailing the process on this board.

rog2

George is quite correct, tt. Although CCJs do not become 'Statute Barred' in the same way as consumer debt, they do, effectively, have a six year 'shelf-life'. This means, basically, that the creditor must apply to the Courts in order to get permission to enforce a CCJ that is over six years old. The creditor would need to explain to the court why he has left it so long to 'enforce' the CCJ, and there is no guarantee that the courts will, in fact, grant the necessary permission for enforcement.
Many creditors will know this and will, in all probability, have given up on collecting the debt.
Then, along come the vultures - the lowest common denominator of the debt collection industry - Mackenzie Hall. :mad: :mad:
They may have 'purchased' this 'debt' for a nominal sum, or they may be 'bounty hunting' in that they have scoured the bottom most depths (a level at which they are very much at home) of the Court Registries, looking for CCJs/debts which are over six years old and will 'offer' to 'collect', on behalf of the plaintiff, for a very handsome fee, relatively safe in the knowledge that the overwhelming majority of 'debtors' are unaware of the fact that they (MH) must go to the courts before legally being able to pursue such debts, and will, in most cases, simply pay up in order to rid themselves of the festering tumor that is Mackenzie Hall.
A Court may well decide that you must, indeed, pay this debt, but it may also decide that the Original Creditor has had sufficient time in which to have collected against the CCJ and may well rule that it is no longer enforceable.
Either way, this is not a decision that the likes of Mackenzie Hall can make so, as George says, talk to NDL - 0808 808 4000 before you communicate with MH.

Good luck.

Deep_In_Debt

rog2 - loving your description of MH! I have nicer stuff living in the bottom of my pond!

rog2

Deep_In_Debt wrote: »

loving your description of MH! I have nicer stuff living in the bottom of my pond!

I don't doubt it, DiD - the inhabitants of the murkiest mangrove swamp would put MH to shame. :rotfl: :rotfl:

count_rostov

Tricky tree, where do you live? Consumer debt is statute barred after 5 years in Scotland, but I'm not sure whether this also applies to court judgements.

shadowdragon

I though loans from SLC were not chased like that seeing as you have to earn so much before paying them back and are attached to your earnings and taken at source? Also Im sure when I got mine the debt died with you ETC? because I still owe SLC for a student LOan and not working atm and have no contact with them?

tricky_tree_3

Thanks to all those that replied....

I live in Nottingham so the 5 year rule won't apply.

It was a case of burying my head in the sand, at the time the SLC wanted the money back I was earning £500 over the threshold (which was £15k per year) so tried to dodge them.

The Student Loans Company once they gave me the CCJ never got back in touch with me, I repeatadly asked them for giro style paying in slips in order for me to pay them off but none ever arrived. They just kept saying we'll send you some out. (I needed these as I didn't have a bank account at the time)

I don't mind paying the loan off direct to the SLC but I'm reluctant to deal with MH as the guy on the phone had serious attitude. I'll be speaking to the Debtline people when I get chance just to see where I stand. I get the feeling that MH will be harrassing me for a one off payment which I just don't have....If I end up paying up do they take installments?

I feel quite worried about all this, but I guess its a serious lesson learned.
I got into this mess when I was 21, fresh out of uni and was more interested in alcohol and burying my head in the sand and not facing up to responsibilty.

If anyone has any other info or ideas I'll be grateful...thanks again

rog2

tricky_tree wrote: »

I don't mind paying the loan off direct to the SLC but I'm reluctant to deal with MH as the guy on the phone had serious attitude. I'll be speaking to the Debtline people when I get chance just to see where I stand. I get the feeling that MH will be harrassing me for a one off payment which I just don't have....If I end up paying up do they take installments?

Hi tt - PLEASE speak to NDL as soon as possible, and, whatever you decide do not speak to MH before you have spoken to NDL.

I think that you need, and NDL can help you do this, to establish whether or not MH 'own' the debt - even if they actually have any 'authority' to pursue you for the debt.

Don't worry too much about there being a CCJ - it is not the end of the world and you can apply, through the courts, to pay off the debt in instalments that you can afford, rather than try to make payments that may suit the ilk of MH, but that you will be unable to afford.

Any debt collection agency must listen to proposals of payment and should not pressurise a debtor into making payments that the debtor can not afford.

Have a look, on the following link, at the Office of Fair Trading Debt Collection Guidelines, to which MH should adhere:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

If you can deal with the oriinal creditor (SLC) then that will be your better option.

Good luck

GeorgeUK

I'd stress again that you should probably contact national debtline. It's all well and good wanting to do the responsible thing here but as you tried to make arrangements to pay the debt and never heard back anything, you have already done so. Now that a debt collection agency has possibly bought the debt at a fraction of the cost, the resposible thing to do would be to seek professional advice and not allow yourself to be railroaded into possibly making payments that you may not be able to afford.

Have you checked your credit file to see if this CCJ is still on it? You can do so free at experian (if you cancel within 30 dqays). The CCJ would only be on your file if it was less than 6 years old. I believe it should also show the date that the CCJ was awarded (not certain though).

tricky_tree_3

Thanks Rog2....some sound advice there.

I've not got any intention of speaking to MH till I know of my position and where I stand

Thanks again :cool: