can anyone help? please

RAS

dave1104 wrote: »

a letter came yeaterday morning..it was for my wife..a comapny called Mcenzie hall..looks like a debt collecting agency..i phoned them up and they said it was for a debt owed on a overdraft with the halifax bank in 1996!!!!..can the reclaim this debt..if anyone can help it would me most appreciated..

Hi Dave

mackenzie hall speciaise in buying up very old dabts that atre statute barred and trying to panic people into paying them before they take advice as to whether this is necessary.

If you wife did have an OD from 1996 which was not paid back and she has not paid towards it in the last 6 years (5 in Scotland) then the debt is statute barred unless there is a CCJ against it.

The debt still exists but the law and the OFT state that it is unfair to pursue a debtor after 6 years, so there is no obligation to pay. Indeed, if you tell them you are not paying, then they are breaking the law and the OFt guidelines if they attempt to pursue her further.

if there is a CCJ, then they will have to go back to court to get permission to pursue the CCJ. Again if the CCJ has not been pursued for 6 years it is highly unlikely that a court will give permission for them to pursue legal action.

So you can ignore it, or you can send the statute barred letter that is in the link that rog2 posted.

rog2

Incisor wrote: »

Likewise, you are hacking me off, so you can't claim exclusive priveliges on that one...

Then just, as I have already suggested, walk away - I have no wish to get into any argument with you.

I found the words 'yes they can you spent it you pay up' as posted by paulroker to be not only directly abusive to the Original Poster, but also offensive to the whole ethos of the DFW board, as summarised by Site Owner Martin Lewis here http://forums.moneysavingexpert.com/announcement.html?f=76 and reported it as abusive, as is my right - I hasten to add that I am not alone in my opinions of the said remarks.
If you are, in any way, unhappy with my actions, or indeed reactions, then you, also, have the same options that are open to me.

Fi27

Dave, my partner recieved a similar letter a couple of years back from a debt collection agency. He hadnt a clue what it was about and he was rather naive then so he gave them a ring. Big mistake! DO NOT PHONE THEM they were not very nice to talk to. Like rog2 suggested it is likely statue barred if it has been more than 6 years since you have paid anything and have had no contact from them, they are probably just chancing their arm. We went to citizens advice who said that debt collectors send out hundreds of letters like that and even if half the people pay up all it has cost them is a stamp! Get onto the national debt helpline website and print off the standard statute barred letter and send it recorded delivery ASAP.

In our case we followed the advice on the national debt website, wrote off to the debt collection agency asking for a copy of the credit agreement first, which of course they couldnt supply, then sent the statute barred letter and low and behold a few weeks later we recieved another letter from them saying the case was closed and we owed them nothing! My partner was amazed as he was just going to pay it as he was so worried about it, but i did all the digging and surfing on the net etc as i am the tight fisted one who was determined not to pay it!

Hope that helps give you some confidence to challenge it. It's worth a try.

Good luck

Fi

rog2

Fi27 wrote: »

Hope that helps give you some confidence to challenge it. It's worth a try.

Absolutely, Fi - any 'alleged debt' of this nature is always worth challenging, and well done, you, for taking on the seedy world of debt collection and winning. :T :T

alleybabes

Incisor wrote: »

Likewise, you are hacking me off, so you can't claim exclusive priveliges on that one...

If paulroker said something offensive elsewhere, then fine to report that as abusive. But I really really take a dislike to the 'I don't like it, therefore it is abusive' line you are taking. Sometimes, unpleasant messages need to be delivered, if it is the right answer which helps the person with the problem, and it doesn't do to report anything which is not fluffy group think as abuse, particularly if it discourages other posters from posting a needed point. paulroker's posts do not fall into the tough but fair category, but if you get away with suppressing the post here, then you will make it too easy to classify non-abusive things as abusive.

what is your problem? rog2 is giving some brilliant advice and you r ripping him apart! carry on rog2 and good on you for reporting that troll!

sistercas

right with you rog2- we appreciate and need your support and advice.

rog2

Incisor wrote: »

Sound advice. But you are above taking your own advice?

Since the moderators, by removing the post in question, would appear to agree more with my opinion of the comment by 'paulroker' than with yours, may I suggest that we leave it there, please.

alex12_2

hi

in 1998 my son recieved a letter saying he owed money for a contract phone, as he has never had one we contacted the debt collectors who asked to see his signiture plus copy of passport signiture. this we did and they said it wasn t his writing and it would be passed to the fraud dept. We suspect it was an ex girlfriend.That was the last we heard for a while, then we recieved another letter from different company demanding payment, We went through the same thing explaining but this time they just kept sending letters.The previous letters were from M Hall, but now they come from M I L Truro. My son hasn t lived here for about 5 years, but still they come. This last one is addressed to the occupier because I have returned the last one unopened, and they want to know his address or when I bought the house etc.
As we are pensioners it is worrying, should I just return the letter sealed back up or ignore it

thanks:mad:

milliemonster

Rog 2, Incisor, sorry but I have to agree that paulrokers comment 'you spent it, you pay up' WAS abusive, this forum is designed to provide support and help to people who are in dire situations and can't always think objectively, this comment was not supportive or constructive in any way shape or form and if someone said it to you, it would feel like harrassment, Incisor I feel you are just being picky and there is no need for this, whether you have interpreted this comment as unhelpful, abusive or whatever, does it matter?, it needed removing and has been, end of.

While I agree that sometimes we have to give advice that may not always be what the OP wants to hear, there are better ways of 'speaking' to people than in effect saying 'if you don't like it, F*** off' which is how I interpreted paulrokers comments

churchrat

alex12 wrote: »

hi

in 1998 my son recieved a letter saying he owed money for a contract phone, as he has never had one we contacted the debt collectors who asked to see his signiture plus copy of passport signiture. this we did and they said it wasn t his writing and it would be passed to the fraud dept. We suspect it was an ex girlfriend.That was the last we heard for a while, then we recieved another letter from different company demanding payment, We went through the same thing explaining but this time they just kept sending letters.The previous letters were from M Hall, but now they come from M I L Truro. My son hasn t lived here for about 5 years, but still they come. This last one is addressed to the occupier because I have returned the last one unopened, and they want to know his address or when I bought the house etc.
As we are pensioners it is worrying, should I just return the letter sealed back up or ignore it

thanks:mad:

hello
you may find you get a better response if you start your own thread on this subject. Just go to the left hand side of the page and clikck on "new thread".
In answer to your question, I'm sure the people with the knowledge will be along soon, but I can tell you that the compnay has no right to ask anything about you. You can ignore the letter or send it back stating that under no circumstances will you be giving them any personal information. Do not sign the letter, just print your name. do not include any phone info.

Also, as its over 6yrs they cannot enforce anything, unless there was a ccj. They are trying to scare you into paying money you do not owe, they are the playground bullies who grew up and found themselves jobs they really enjoy!!