Old Debt? Mackenzie Hall

rog2

faris wrote: »

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

First of all, you need to verify the status of the alleged CCJ. Take the 'court reference' to your local County Court Offices, where they will be able to give you full details if, in fact, it is genuine.

If a CCJ has been obtained without your knowledge, then you would need to get that CCJ 'set aside' - again the local court office can help you with this.

If it turns out that there was a six year 'limitation period' between your last payment, or written acknowledgement, of this 'debt' then you can use the fact that the 'debt' was statute barred, as your defence (that is the only defence you will need) and the 'debt' can no longer be pursued through the Courts.

If, as I suspect, there is no CCJ - MH are not known for their honesty in dealing with debtors - then you need to send them the 'statute barred' letter.

Link to NDL 'Statute Barred' factsheet and template letter:

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

Better still - phone National Debtline - 0808 808 4000, or CCCS - 0800 138 1111 for more specific advice.

Good luck.

Sunny_Donny

Hi Rog 2 and the rest of the Gang
MH and Cabot were unable to provide a copy of OH signed agreement within the 30 day period. letter sent to them on 29 July and signed for on 30 July. Will expect letters from both of them by the end of the week begging for more time. Oh dear, what a shame, how sad, never mind!!!
Have asked for confirmation regarding closure and cancellation of debt. If they still keep sending the letters is there anything else I need to do?

Thanks

rog2

Sunny_Donny wrote: »

If they still keep sending the letters is there anything else I need to do?

If they still keep sending letters report them to Trading Standards, SD.

Sunny_Donny

HI Rog 2 and the gang
Well as predicted letter received today from Cabot - expecting MH letter tomorrow
"Unfortunately we have not been able to provide you with the requested information within the relevant time period. You are of course entitled to request the information direct from the original lender.
Although cabot is dependent on the orifinal lender for the information the relevant time period has now expired. We shall continue to request the information from the original lender in order to assist you with your request. We hope to receive the relevant information shortly."

How do I respond to that on the OH's behalf??
Thanks
SunnyD

rog2

Sunny_Donny wrote: »

"Unfortunately we have not been able to provide you with the requested information within the relevant time period. You are of course entitled to request the information direct from the original lender.
We shall continue to request the information from the original lender in order to assist you with your request. We hope to receive the relevant information shortly."

Hi SD - To be honest - it doesn't really matter whether Cabot continue to 'request the information from the original creditor' or not. They (Cabot) have been unable to provide you with the cca within the legally prescribed timescale and can, no longer, pursue your OH for this 'debt'.
You do NOT need to request the cca from the original creditor - you requested it from Cabot - If they could not do their job, then why should you try to do it for them?
If you have sent them the 12+2+30 day letter, it is obvious that they have now comitted a criminal offence and should be reported to TS at least.
Although you are under no obligation to reply to them, perhaps you could send them a short 'note' along the following lines:

"Dear Curs (perhaps that should be 'Sirs' - I am lousy at spelling :rolleyes: )

Ref. Account no.......................

I/we acknowledge no debt whatsoever to your company, or to any company that you claim to represent.

I wrote to you on xx.xx.08 to inform you that, since you have been unable to provide me with a true copy of the consumer credit agreement, relating to the above account, as per your legal obligation under the terms of the Consumer Credit Act, 1974, that you have, now, comitted a criminal offence, and that I would be reporting your actions to the relevant authorities.
You appear to have ignored my letter, a copy of which I enclose. (enclose copy of your 12+2+30 dy letter)
I inform you that I have reported your breach of the terms of the Consumer Credit Act to those relevant bodies, and that any further communication from yourselves, other than to say that the matter is now closed, will be treated as criminal harrassment and reported to the Police.

Yours Sincerely."

Sunny_Donny

Rog 2
You are a little star.
Thank you for all your help.
A large pat on the back and hug and I shall raise my very large celebratory glass of wine to you this evening when I have done the letter for OH.

Thanks

SunnyD

faris_2

rog2 wrote: »

First of all, you need to verify the status of the alleged CCJ. Take the 'court reference' to your local County Court Offices, where they will be able to give you full details if, in fact, it is genuine.

If a CCJ has been obtained without your knowledge, then you would need to get that CCJ 'set aside' - again the local court office can help you with this.

If it turns out that there was a six year 'limitation period' between your last payment, or written acknowledgement, of this 'debt' then you can use the fact that the 'debt' was statute barred, as your defence (that is the only defence you will need) and the 'debt' can no longer be pursued through the Courts.

If, as I suspect, there is no CCJ - MH are not known for their honesty in dealing with debtors - then you need to send them the 'statute barred' letter.

Link to NDL 'Statute Barred' factsheet and template letter:

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

Better still - phone National Debtline - 0808 808 4000, or CCCS - 0800 138 1111 for more specific advice.

Good luck.

Hi rog2

Many thanks for your prompt reply.

Assuming there was a ccj against me and that was filed by the creditors within the 6 year limitation, and supposing my application to "set aside" that ccj was successful. Can the creditors then file another ccj against me and start the whole cycle again bearing in mind that the last payment towards that debt was made over 6 years ago and that no acknowledgent of that debt was ever made by me to the creditors?

Furthermore, how will all this affect my credit status as I need to apply for a mortgage soon?

Best regards

Faris

rog2

faris wrote: »

Hi rog2

Many thanks for your prompt reply.

Assuming there was a ccj against me and that was filed by the creditors within the 6 year limitation, and supposing my application to "set aside" that ccj was successful. Can the creditors then file another ccj against me and start the whole cycle again bearing in mind that the last payment towards that debt was made over 6 years ago and that no acknowledgent of that debt was ever made by me to the creditors?

Furthermore, how will all this affect my credit status as I need to apply for a mortgage soon?

Best regards

Faris

Hi Faris - lots of 'ifs' in your post, my friend. You need,first of all, to change some of these suppositions into facts. Have you checked whether the ccj exists?
If a ccj is 'set aside' it is going to be pretty difficult or it to be 'replaced' by another ccj, especially if the original 'debt' was, in fact, statute barred, so check with the 'registry trust' to see if there are any ccjs and we'll take it from there.
If there is a ccj, on your credit reference file, it probably will affect your credit rating, when applying for a mortgage - it may not prevent you from getting a mortgage as mortgage lenders generally look at 'the whole picture'.

SammmeBee

Hi all - sent my CCA letter to Meriforce and had a reply saying my account was on hold and they sent my Postal Order back too.

They said that they have requested the statement and credit agreement details and will respond in 28 days. Then they will refer it back to the client - who is their client MH or the original company I had the debt with (let's called them a telecoms company)

I thought it was 12 days?

What and when is my next action if I don't hear from them?

Thanks for all your help so far....

rog2

SammmeBee wrote: »

They said that they have requested the statement and credit agreement details and will respond in 28 days. Then they will refer it back to the client - who is their client MH or the original company I had the debt with (let's called them a telecoms company)

I thought it was 12 days?

What and when is my next action if I don't hear from them?

Thanks for all your help so far....

It is, indeed, 12 working days, Samm. Please do not be put off by their letter, or the fact that they have returned your £1.00. As the people who were chasing you for this 'debt' then Meritforce have a LEGAL obligation to provide you with a true copy of the original executed cca, within 12 working days of receipt of your request. Without this cca, they can no longer pursue you for payment, without permission from the courts.
What you have received is a 'standard' letter trying to divert your attntion away from their legal obligations. Simply ignore it, and send the 12+2 day letter that you will find on the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6921563

I would, however, just issue one small word of caution - you state that the original creditor is a 'telecoms company' - if the 'debt' refers to a mobile phone contract then it may not be covered by the terms of the Consumer Credit Act, 1974, as mobile phone contracts are generally 'consumer service agreements', as opposed to 'consumer credit agreements'.