Advice for My Dad - Debt Collection Agency Harrassing Him (Mackenzie Hall again!)

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My dad got a letter in July from a company called Mackenzie Hall in Kilmarnock (he lives in Wales, and incurred the debt in Wales) demanding repayment of a debt (he thinks) he and my mother incurred approximately 12-15 years ago. They subsequently divorced and he had an administration order which was discharged (not sure of the terminology but the judge closed it and he wasn't liable any longer for the debts?) some years ago.

I think the debt was most likely satisfied under this administration order but because he didn't know, I sent on his behalf a letter to them on July 29th asking for a copy of the credit agreement under the Consumer Credit Act 1974 with the £1 cheque.

They have now sent a letter to my dad saying they will take no further action while they acquire a copy from the original creditor and they returned my cheque.

What I want to know is, where does this go from here? They have not been able to provide a copy of the credit agreement within 12 days, but am I right in thinking that they have one month and 12 days to do this before my dad has the right to sue them? And what does that mean?

If they can't provide a copy of the original agreement is the debt no longer legally enforceable?

I know all of this is irrelevant if it was dealt with under the administration order but my dad doesn't know for sure either way though I expect it is easy to find out if he phones the court that dealt with it?

Also, if they do come back with a copy of the credit agreement in the next week or two, and it was not dealt with in the administration order, can my dad still use the limitation act to refuse to pay it now that we have written to them asking for the agreement - is the request an acknowledgement of the debt?

Thanks for any advice or information you can offer.

Comments

  • worried_user
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    I'm pretty sure from what I've read on here from other people if it is over 6 years old it is statute barred anyway and so they cannot legally chase for the money. There is a standard letter on here somewhere which you can send to them which should clear this up if this is the case.
    Hopefully someone with a bit more knowledge than me will come along soon.
  • KellyWelly
    KellyWelly Posts: 420 Forumite
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    I think it's only statute barred if there has been no written acknowledgement of the debt? How can we prove that is the case? My dad is terrible with record keeping and money matters, I sort of understand it all but I am worried about doing the wrong thing or missing something and making it worse for him.
  • worried_user
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    If he is very bad at keeping track of these things I would doubt very much that he would have written confirming the debt. As you have sent the letter requesting the CCA I would wait for that. If they can't provide it then they can't take him to court as they need to provide it to the courts, so there's little else they can do except keep writing letters.
  • worried_user
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    Also its up to them to prove that he did acknowledge it in writing, not for you to prove he didn't.
  • rog2
    rog2 Posts: 11,650 Forumite
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    KellyWelly wrote: »
    I think it's only statute barred if there has been no written acknowledgement of the debt? How can we prove that is the case? My dad is terrible with record keeping and money matters, I sort of understand it all but I am worried about doing the wrong thing or missing something and making it worse for him.

    Mackenzie Hall is a specifically virulent strain of the fungus of debt collection that specialises in 'telling alleged debtors that uncollectable debts are in fact collectable' and relying on that debtor's ignorance of the Law, in order to cream off huge and obscene profits out of the misfortune of others.
    The chances that this debt is, indeed, statute barred are pretty high, otherwise it would not have found itself in the clutches of Mackenzie Hall.

    Have a look at the following NDL link:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

    Provided that your dad is fairlysure that he has made no payment, or written acknowledgement, within the last six years, then send the template letter that you will find on the link.

    It would be up to MH to prove that there had been any written acknowledgement or payment in the last six years, but my guess is there hasn't.
    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 DEBTS
  • AGB863
    AGB863 Posts: 521 Forumite
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    if you send them the latter saying that you believe that the debt is statute barred, ie no payment or acknowledgement of the debt for 6 years - it is then up to the debt collector to proove otherwise.

    So it is of no matter that your debt is bad at keeping information!
    I am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!
  • AGB863
    AGB863 Posts: 521 Forumite
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    looks like me and Rog2 posted at the same time!
    I am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!
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