urgent advice needed please

RAS

First things first.

1. these door step agents. A fraction of one percent of the suggestions about these attending lead to a visit and they have no more rights than a paperboy. Simply tell them to go away if by any miracle they do turn up.

2. You have told MH the debt is statute barred. Is the latest contact from MH?

If so, you need a stiff letter of complaint to MH advising them that they are breaking the law by pursuing a statute barred debt after the debtor had told them they were not paying.

it may also be worth you daughter ringing NDL on her own behalf so they she has some assurance from a third party regarding the situation.

Give MH 14 days in which confirm that they have removed the debt from their system and that your daughter's details will not be sold on.

List of people with which to threaten them below. If there are further contacts, then write to the OFT, Trading Standards and the IO.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

sitcom123

Thank you for that greatly appreciated

cher_john

Hi, wanted to reassure you, we have had similar with company buying a debt many years later and chasing. Wanted to reassure you that there is nothing they can LEGALLY do after 6 years of no payments and no contact.

Found this on a website when we were contacted:

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.

This creditor is acting unfairly by trying to mislead your daughter and she really needs to put her foot down. If they continue to chase threatening legal action may make them disappear as they know they are in the wrong.

It worked for us. You just need to show them that you do know what you are talking about, they rely on people not knowing the legalities of the system. Unfortunately they usually get their money through using these bully tactics.

Good luck!!!

sitcom123

my daughter has just had yet another agressive and threatening phone call form mackenzie hall, she told him she had sent in the statute barred letter and he laughed at her and said we know you have got the letter off the internet and think you know what your talking about, but we know you dont know anything and said he would continue to ring her until she behaved like an adult and paid the money. he has since left an abusive message on her voice mail machine. what else can we do ????????

scaredy_cat

save the phone message and complain to the financial ombudsman.

Just noticed on Ras' post above had the links. Also report to Trading Standards as they are definatley in the wrong leaving an abusive message.

scaredy_cat

and of course she could call National Debt Line for advice!!

RAS

Sitcom

Ca we check whether your daughter has followed the advice given previously?

1.Has she spoken to NDl directly? If so she should understand her legal position.
2 . How have they got her new phone number? Or is this mobile, in which case how did they get hold of it in the first place?
If she sounds uncerrtain on the phone then they will use that as carte blanche to harress her.
3. Has she sent a formal complaint to any of the organisations listed on post 22?

kimmi_b

Hi sitcom

I have been reading this thread with interest as I have recently started a DMP and am sure that soon the angry phone calls from creditors and dca's will start... I am almost looking forward to that first phonecall as I have a wealth of choice phrases to use thanks to this forum!!

Unfortunately I don't have any legal advice for you, other than to urge you to listen to what the other posters have to say and follow their advice. These threads have been invaluable to me in allowing me to get to a stage where I am on the road to debt-freedom - without them I dread to think what state I would be in. It makes me chuckle to think that I came across this sire/forum accidentally - a very lucky accident indeed!

Anyway enough waffle. Please pass on this advice to your daughter as I do not like to think of a new Mum being stressed out this way. Parenthood is hard enough as it is

stapeley

This can be classed as harassment, can she keep the message ? I would write to them again ,address to complaints manager. Inform them that you are well aware of your rights and they must cease contact my phone . Tell them you are considering court action for harrassment and distress caused .