Old Debt? Mackenzie Hall

Loafer

Hello all,

First of all congrats on a great forum. I have just stumbled accross it myself but I think it was destined for my favourites list!

Right, back to business. I was wondering if someone can help me.

I have just received a letter from a company called "Mackenzie Hall" who have sent a "Final Notice" for a debt of £196.

They state they have bought this debt from "Creation Fianancial Services"

I called the number and was told that they can only tell me that it was for a store card whose last activity was in 1997 and the first three letters is SEL. (Selfridges Perhaps)

Now I did have a card around this time with Selfridges but thought that given its been over six years the debt had been written off. I requested more information that they said they will call me back with but I refused to give them my telephone number and told them that any further correspondence should be in writing.

I am not excusing myself for the foolish antics of a university student but am wondering to myself if Mackenzie Hall can chase up a debt from that long ago.

My nest step was goign to be to get a copy of my credit record but I am not sure if it would be worth it given that it holds info for 6 years only.

I guess I am looking for advice and to find out if anyone has had dealing with Mackenzie Hall before.. (I have done a search but found nothing in the forum).

Help greatly appreciated.

K.

keith_lard

If I recieved a Demand for a Debt back in 'Way...1997'
I would want FULL PROFF, nothing less, anyone can call you up and say 'PAY NOW'

If they will not then seek some advice (CCCS is worth a call)

For £198 I doubt they could be bothered gathering the paperwork!

Just be firm with them tell them to send Proof Via post to check your records!

K.

file_wizzard

Providing the last payment or acknowledgement of the debt is over 6 years ago the debt will be legally statute barred as per the regulations set out in the Limitations Act 1980.


Try the following:


Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I 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.”.

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

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

I look forward to your reply.

Yours faithfully

(Your signature)


External references
http://www.lawcom.gov.uk/docs/cp151apa.pdf

Loafer

That was quick!!! I love this site!!

Keith Lard and File Wizard thank you very much for the replies. I am cutting and pasting that letter as I type...

CAB was my next stop tomorrow.

What made me angriest about this letter was the fact that someone could receive something similar and pay up straight away.

I did a Google search on the company and another forum shows people who also have had mail from them for debts in excess of 6 years and, in some cases, phantom debts they never incurred in the first place.

Many thanks to the both of you.

If anyone else has had dealings directly with these people, what was the outcome?

K

keith_lard

Good Luck mate!!!!

Post back what happened, I and many others would be interested what happpened next????

K.

sans_2

Hi Loafer,

My husband got a random letter too from debt back in 1996! Again there wasn't that much detail and when my husband phoned to find out what it was he got a threatening guy on the phone who said it had to be paid back by the end of November or someone will be round to take that amount of goods from the house etc.. He came off the phone not remembering what the guy had rambled on about. Another letter came through 1 week later reducing the amount by 1/2 but had to be paid within 1 1/2 weeks. I posted the above letter because to be honest we can't be sure this was something my husband incurred because it was so vague and have not heard anything since.

Feel free to PM me and let me know how you get on. To be honest CAB were not very helpful when I went to see them.

fatbelly

I clicked on to this one because I dealt with a letter from MacKenzie Hall not too long ago which also appeared to be a debt last acknowledged over six years ago. I'm wondering if they specialise in buying those debts cheap and trying to get you to acknowledge (and reactivate) the debt. We wrote a letter something like file wizzard's but gave them 21 days to provide 'substantive evidence to the contrary' or something like that. All we got was waffle and they would not provide a copy of the signed agreement without us paying a tenner! My client is ignoring them. If they want to go for a ccj we'll defend it.

Xbigman

If anyone gets one of these letters then check your credit files. Some of these companies are happy to try it on with defaults once you reply and you can get these removed, but only if you know about them.
Regards




X

Loafer

Thanks everyone for the replies.

I have posted the letter today so we will see what happens.

As soon as they reply (if they reply) I will let you all know what they say.


Do you think that, if they dont reply, it is something for me to not worry about or chase up with them. Its just my parents live at the house also so I am not really keen on heavy handed bailiffs coming round to worry them because I had not chased the letter up.

K

Robert_Sterling_3

If it is the case that the debt no longer has to be paid because it is "out of time" under the six year rule then would this mean that anyone suggesting that you still owed the money would be trying to obtain money under false pretences.

I am not suggesting that any company named in this thread is so doing.
On the contrary I assume they are acting perfectly legally.

See Disclaimer in blue below.

Loafer

Thanks Robert, I get what your saying.

I just hope that the letter I have sent, kindly provided by File_wizzard, will remind them of this oversight.

K