Old Debt? Mackenzie Hall

RAS

david1leigh wrote: »

RAS. I am not sure if there has been a gap of 6 years. Certainly, MH have only been on the scene for the last 12 months, before that it was RED. Before that someone else was trying to get money. I have tried to stall them over the years with token payments.
I have not asked for a cca yet as i am waiting to hear from them now i have canceled the direct debit.
To tell the truth, this debt has been passed from one debt agency to another over the years, probably 6 or 7 in total. The chances of them having the CCA is quite remote i would say.

Hi

If you have made token payments at intervals, then it is unlikely that this debt would be statute barred; there has to be a period of 6 years when you made NO payments at all, nor acknowledge the debt in writing.

I would have thought a CCA was a good idea. By the way a number of these DCAs, for instance Red and Lowell are the same people in different logos.

bungi

iv not payed anything because iv never had this debt this is the first time iv known about it

RAS

Bungi

Lowell are quite capable of sending out letters to everyone with the same name in the hope that someone will pay, even if you are not the right person.

Do you have a copy of your credit file from Experian and Equifax?

Do you have the first clue what this debt is about or do Lowell fail to even mention that?

david1leigh

RAS wrote: »

Hi

If you have made token payments at intervals, then it is unlikely that this debt would be statute barred; there has to be a period of 6 years when you made NO payments at all, nor acknowledge the debt in writing.

I would have thought a CCA was a good idea. By the way a number of these DCAs, for instance Red and Lowell are the same people in different logos.

I thought as much. What happens if they produce the CCA. Is there any way of getting out of it, after all this has been 15 odd years.

wozwebs

wozwebs wrote: »

Had a recorded message from these last Thursday. It was when someone sends a text message to a landline. Robotic voice read out the phone number to call and reference number.

Called it as I didn't have a clue who they were. Was told I owe £12.99 to an old 3 mobile contract from 2005 the woman said.

It was listed at my previous address which I left in December 2003. She mentioned the mobile number in question and I do recall it. It was in fact a 3 Pay as you go mobile so no contract even existed.

She said payment was required immediaely or legal action would be brought. I said "I'm sorry but unless I see something in writing I am not paying a penny, you could be any old Tom, !!!!!! or Harry"

She said letter should have been there by now so she said she would call back on Friday to check I received it OK. No letter has arrived at all and they haven't called back.

She said it was already on my credit rating and if I paid it they would remove it. Scare tactics as I have just been and registered to see my Equifax credit profile and there is no mention of it anywhere, only that Lowell Financial Ltd checked my file in August 2008 at the old address.

What should i do, refuse to pay it? Would they really bother taking me to court for £12.99?

I still haven't recieved anything in the post for this £12.99 charge and they haven't phoned me since. It's not on my credit list according to Experian so should I just forget it now? Could they come back later on and bang tons of interest on it then insist I pay?

RAS

david1leigh wrote: »

I thought as much. What happens if they produce the CCA. Is there any way of getting out of it, after all this has been 15 odd years.

Firstly, you need to see if the CCa does appear and the if what they sent is legitimate.

If it is then may the next thing to do is play hard-ball and eventually agree to a full and final offer at about 20 percent of the value outstanding. They may well bite but it is usually better to get someone esle to negoitiate thse for you if possible.

Sunny_Donny

rog2 wrote: »

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."

Hi Rog
Received a letter from Cabot today stating that they have found the signed credit agreement and enclosing it.
As they are well outside the 12+2+30 day period, I will be sending the above letter to them!!! Mackenzie Hall sent letter dated 21/08/08 stating that the account had been passed back to the client as they were no longer dealing with it.
Do I need to do anything else??

Thanks

RAS

Sonny

Unfortunatetly, if you have not already reported them and sent the letter above and they then find the CCA, they can enforce the debt.

However, it would be a very good idea if you posted up exactly what you have recieved as at least half of the offerings that are sent to posters that claim to be CCAs are nothing of the sort.

Sunny_Donny

hi
It is a form detailed Littlewoods Visa with spaces for name address, date of birth, phone nos and bank details,
says credit agreement regulated by the Consumer Credit act 1974, but rest of info need a magnifying glass to read it.
space for signing and dating by OH - with signature and date on it.

Sunny_Donny

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'.

If they couldn't find the information within the timescale laid down by the Consumer Credit Act then isn't it void as detailed in Rog2's response to me ??