Mackenzie Hall - urgent advice needed please

alwayshappy_3

Hi

I was recently chased by scotcall for a really old debt that i think might be statute barred. I requested a cca and they said they dont have it and have closed their file.

Last week i got a phone call from mackenzie hall asking for me by my maiden name (i have been married 8 years) and wanted me to confirm my details which i refused to do. They then said well if you wont confirm your details we are taking you to court! I have now received a letter and its chasing the same debt that scotcall was and they are giving me a week to pay it in full!!!

The debt was originally with halifax but it now says :

Pursuers: Tessera Portfolio Management Ltd
Original Creditor: Tessera Purchased HBOS

On my credit file it lists the debt as Halifax and says settled in Nov 2003.

What should I do, I am totally confused and worried

chuckles1066

It's 6 years for statute-barred debts if memory serves.

So Nov 2003 means..........well you do the maths.

alwayshappy_3

I think the debt was from 1998, that was why i thought it was statute barred and i dont think any payments have been made in the last 6 years. I checked credit file to see what it said and it just says settled in 2003. not sure if thats when they have sold the debt or when I made a payment.

Also the debt was in joint names but they are only chasing me for it, why would they do that?

fatbelly

If it's a joint debt, a creditor can chase either party, or both.

Your credit file would indicate that this debt was paid in full in 2003.

However, the main point here is to recognise who you are dealing with. If you search the dfw board you will find lots of references to Mackenzie Hall and their methods.

All their threats are just threats. It is an option for you to block their number and return their letters to them. You could of course engage them in correspondence but I take the view that any contact merely encourages them.

I'm trying to be polite and avoid phrases such as 'scum of the earth'

fb

alwayshappy_3

thanks, I did do a search about them on here and i panicked when i saw the results!!

Am i best to send them a CCA request or do I send it to Tessera, i would rather not ignore them cos it looks like they wont go away!!

alwayshappy_3

***BUMP***
***bumpity***
**BUMP***:D

GeorgeUK

It may be that Halifax sold the debt in 2003.

Do you know when the last payment you made towards the debt was?
And is it a joint account as fatbelly mentioned?

THE_LONE_RANGER_4

DONT WORRY ABOUT IT sounds statued barred ignore them how did they get your number change it if you have too ,i think they are just whinging it bin the letters etc i can tell you they will not take you to court if you speak again via phone say you have thought about it and can you please take me to court many thanks , they will phone a few more times say it again and i can tell you the phone chats will stop .........remain clam when talking to them and do not sound nervous......atb l/ranger

LilacPixie

FOr some reason Halifax/bank of scotland appear to be marking credit files as settled when they are selling debt on. I have seen a few people mention that. I personally would send them the 'prove it' letter. I'll go try find a copy of it for you

LilacPixie

1 High Street,
Newtown,
Kent
R21 4RH

August 18, 2008

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

WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref No 1234 568 91011

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

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.

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 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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.

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

We look forward to your reply.

Yours faithfully

Mr A N Other

Remember do not under any circumstance sign the letter. You may wish to use your maiden name to avoid giving them your married name as for some reason they appear to want it yet don't have it.

alwayshappy_3

GeorgeUK wrote: »

It may be that Halifax sold the debt in 2003.

Do you know when the last payment you made towards the debt was?
And is it a joint account as fatbelly mentioned?

I am not sure when the last payment was made to be honest - i know i have not heard from anyone or paid anything for 5 years but it could be more.

It is a joint debt. should i risk sending the statute barred letter or should i send a cca request again ?

Thanks for any advice:D