can anyone help? please

dave1104_2

my wife has just had a letter from mackenzie hall looks likw a debt recovery agency asking for 300 pound for a debt that was in 1996!!!! for an overdraft account with the halifax bank...i spoke to them today and they want this money does anybody know where i stand!!!..if anyone can help please let me know as i am getting worried about this thanks.

fermi

The debt is most likely legally "statute barred", which makes it unenforceable (see quote below).

They are also not entitled to record anything on your credit reference files after all this time.

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

**Amy**

After 6 years of no contact a debt becomes statute barred.

"Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970."

http://www.debtquestions.co.uk/legal_yourrights.php

Someone will be along soon to explain more

xx