Mackenzie Hall - debt from 1994 and CCA request

bub_3

Hi, I didnt know how to start a new thread (i hope someone can help me here)

Mackenzie Hall have written letters to me and I have written back requesting copies of original credit agreement etc., for a debt to M & S in 1994.

They phoned today I didnt confirm anything with them, They said that I owed £159 (funny it was £180 before).
I replied that by law I am entitled to copies of all credit agreements etc,.
They said that Cabolt had passed the debt to them etc., etc., and that they did not have copies etc., and that I had my original agreement from M & S. I said that if they were instructed to collect the debt then they would be able to supply all paperwork. Then the threats come, we will instruct cabolt to take you to court etc., etc., I replied then they would have to supply all paperwork to the court etc.,
Reply:we are trying to sort this out and you are being very akward (to right I was).
You owe that money.

I said I know you buy debts and then try and get the money etc., answer: No we dont.

I replied Unless you are prepared to send me copies I will refer the matter to my solicitor and this call is being recorded. Reply: You dont have my permission to record this call and my reply you dont have mine.
I then put the phone down.

Where do I stand on this.

Can anyone help?

bub

pania

no CCA = non pursuable debt bub, end of. stand firm on it honey and don't talk to them on the phone if you can avoid it. ras, rayday, fermi and georgeuk are all pretty hot on what further letters to send, They may well post a response but drop one of them a pm if not (sorry guys hope you don't mind you're just so damned helpful when i haven't a clue where to look!!;))

bub_3

Hi Thanks. They tried to say that they didnt need the paperwork. I said that they should have all of it!

The threats came cabolt will take you to court etc., etc., and we know where you live, what they dont know if I have a german shepherd the size of a horse!

I will ignore it and not speak to them I will recognize the number.

Thanks for help and advice

GeorgeUK

When you requested a copy of the credit agreement, did you send a £1 postal order with it?

After 12+2 working days, if they have not provided a VALID signed copy of the credit agreement then the debt is unenforcable.

When was the last time you paid towards the debt or acknowledged the debt in writing?

KellyWelly

Looks like Mackenzie Hall have been busy little monkeys the past few weeks!!

AGB863

When did you last make a pyment to this account?

If it is over 6 years ago and you have not acknowledged in writing that the debt is yours in the last 6 years - then the debt would be statute barred ie they can not take any legal action to enforce the payment.

If this is the case I will post you the link so that you can send them another letter.

fermi

I agree with George.

You state that the debt is from 1994? Was there at any time a six year period (5 in Scotland) when you did not pay towards this debt or acknowledge it yourself in writing?

If not, can you tell us whether you send the £1 fee required for a request under sections 77/78 of the Consumer Credit Act 1974?

bub_3

As far as I am aware during the 6 years I did not acknowledge the debt, I left my husband in 94 and no correspondence was sent to where I was. Yes, I did send them £1 postal order ages and ages ago, cant even find the original letter.
All I got from them was they do not have copies of any thing to do with the debt it was given to them by cabolt and told to get the money, and they do not have to send me copies etc., and I should have the original agreement that I had with M & S (which i do not as my ex husband had all my paperwork) I left the house with only the clothes I had on!
They said that by law they do not have to have any paperwork. I said if it went to court then they would have to give court paperwork and they said they could do that, then why cant they send me copies!
Should I just ignore them or send them another £1 cant even find their letters I binned them as it was so long ago.

Forgot to mention the only time I have heard about this debt is when MH got in touch, forgot all about it. I did phone M & S and they said that they have no record of this debt or that it was passed on to anyone as it was so long ago.

AGB863

I would send them this letter from the national debt line web site

http://www.nationaldebtline.co.uk/england_wales/temp/1152_82371.pdf

Do not sign your name on the letter - but print it - some companies have been known to scan signatures on to documents!

Once you mention to them that you believe it is statute barred - it is up to the debt collector to prove otherwise and if they continue to ask for the money it is harrassment and they can be reported.

Debt collectors use the fact that people are not aware of their rights to try and force payment of debts that are stataute barred.

rog2

KellyWelly wrote: »

Looks like Mackenzie Hall have been busy little monkeys the past few weeks!!

They certainly are - it must be 'old debt' sell off time. :rolleyes:

fermi

Read this factsheet as well: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

AGB863 wrote: »

I would send them this letter from the national debt line web site

http://www.nationaldebtline.co.uk/england_wales/temp/1152_82371.pdf

That link doesn't work.

This is the same letter (quoted below) .

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

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

Dear Sir/Madam

Account No:

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

I/we 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".

I/we 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".

The last correspondence/payment/acknowledgement or payment 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/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

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".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other