Old Debt? Mackenzie Hall

RAS

Andy

If you were with Lloyds 13 years ago, this debt is statute barred.

The fact that you paid some money to Lowell does not alter that fact, unless there is a CCj for it.

Will find the statute barred link and be back, but it will be later today.

rog2

RAS wrote: »

Will find the statute barred link and be back, but it will be later today.

Just saving you a bit of time, RAS . Statute barred link is here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Andy, as RAS says, don't worry too much about having made any payments to the dreaded Lowell (:eek: ). Providing that a 'limitation period' of six years had elapsed between your last payment towards, or written acknowledgement of, this debt, then the debt is almost certainly statute barred - this means that it can no longer be pursued through the courts.

Good luck - simply send Lowell the template letter that you will find on the above link.

Andympgs

where would this leave mh in the equation? should i send the letter to them to, and thanks very much i am deeply grateful for your advice and help in this matter.

rog2

Andympgs wrote: »

where would this leave mh in the equation? should i send the letter to them to, and thanks very much i am deeply grateful for your advice and help in this matter.

Send a copy of the letter to MH (also by recorded delivery).

It is worth noting that it is against the OFT Debt Collection Guidelines for a creditor to use more than one debt collection agency to chase the same 'debt' at the same time:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Andympgs

thanks alot rog 2 and RAS, ill just go borrow a printer now, ill be sure to visit this webpage forum more often to check on updates etc..
thanks again.

Mitzibitzi

Another one here who has been duped into payment by MH. They've had 70 quid off us so far, but I shall be canceling that standing order until they provide us with some evidence of who we owe and how much (in our case, we might actually owe money. Things got a bit confused a few years back).

If they can't provide the information, then they ain't getting paid. Simple.

LilacPixie

do nothing.

SammmeBee

Hi all - hope you can help please.

My OH has had a couple of letters and calls from Mackenzie Hall and now she has had a letter from Merit Force saying unless they hear from her they are going to send the heavies round.

We think we know what it is for and it's not much money and it's less than 6 years ago.

Do I send them the CCA letter, like this one (I can't get the National Debtline one to pop-up)?:

Dear Sirs

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours....

Then what do we do? What happens if then they have the agreement.

What happens if I simply do nothing? What would happen if I offer to send them the money?

Thanks in advance

rog2

SammmeBee wrote: »

Then what do we do? What happens if then they have the agreement.

What happens if I simply do nothing? What would happen if I offer to send them the money?

Thanks in advance

The letter looks fine. For your information the link to the NDL factsheet on getting a copy of your credit agreement, along with the template letter can be found by clicking on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

If they can supply the cca, and it is compliant with the Consumer Credit Act, 1974, regulations, then yes they are entitled to ask you to pay. They are NOT, however, entitled to bully you into making payments that you can not afford, and they MUST consider any reasonable payment proposals:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

If you do nothing, then they will continue to chase you for payment - to the point of, and often beyond, harrassment.

If you offer to send them the money, or wish to make an offer of part payment - in full and final settlement, then the following link may be of use to you:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Good luck

faris_2

Hi everyone

I have an alleged old debt (older than 6 years). The creditors (or the bailiffs)pushed a letter through my door claiming there was a court order (quoting a court reference) against me to collect that debt.

I had not at any time acknowledged that alledged debt verbally or in writing, Neither had I paid anything towards it. I keep receiving letters from MH every so often.

Whats my position?
What should I do?

Regards