Old Debt? Mackenzie Hall

rog2

Sunny_Donny wrote: »

They must be desparate for money. OH had another letter today from Cabot stating that
"further to your request for information under the CCA, we are pleased to enclose with this letter all relevant information
Cabot and the original lender have now completed the relevant obligations under the CCA and as a result Cabot is entitled to resume collections of the outstanding balance of £"

What 'Relevant information' did they enclose, SD?

pepsi662400

Hi

I work for a Insolvency Company and I have heard of the wonderful Mackenzie Hall. I really would advise contacting CCCS or CAB - I know the CAB are a pain to get hold of but it is best to try!!

Mackenzie Hall are a pain, I believe that there new kids on the block or have been a small company and now have a big contract with crediotrs to start chasing these daft debts. However I am under the impression that if a debt is over 6 years old with anyone, unless some form of communication is made e.g. letter/call, then it should be written off. I would however get advise because they may just be trying there luck!

Take care, all the best xx

Sunny_Donny

rog2 wrote: »

What 'Relevant information' did they enclose, SD?

Hi Rog
They enclosed a copy of application form, signed by OH for credit card, old statements, they have also sent through interest charges from 8/8/08 to date of £8.00 per month when they weren't able to produce the relevent documents withing the 12+2+30 days .
Thanks

rog2

Sunny_Donny wrote: »

Hi Rog
They enclosed a copy of application form, signed by OH for credit card, old statements, they have also sent through interest charges from 8/8/08 to date of £8.00 per month when they weren't able to produce the relevent documents withing the 12+2+30 days .
Thanks

It is doubtful that the 'application form' would constitute a compliant consumer credit agreement - unless of course it contains all of the required terms.
See the following post from Weller711, who is, indisputably, one of this site's experts on cca requests - http://forums.moneysavingexpert.com/showthread.html?p=7869437

You can, also, use the letter (edited to suit your situation) that weller has included on the post.

JonnyYoung

Hi there, I came across this thread & was wondering if anyone could help me with the company Mackensie Hall.

A few years ago as a student I ran up a bill with a Creation store card. Unitil recently I thought this had disappeared. However I have just had a letter of Mackensie Hall chasing the amount owing.

Since I had not heard about this debt for over six years I replied quoting the limitations act 1980.

However MacKensie Hall have stated that the account was opened on the 17/09/2002 and defaulted on 24/07/2003 which is therefore within the six years stated by the act.

But I moved away from the address for a year & did not recieve any communication or reply to any or make any payment for months prior to this.

Basically - can anyone help & clarrify if the Limitations Act only applies after the account is in default or in the above case if it still applies and Mackensie Hall are just trying to get the money??

I'm not proud of the debt I got in whilst a student but am not in the financial position to pay this debt at the moment.

Many Thanks

JonnyYoung

rog2

JonnyYoung wrote: »

Basically - can anyone help & clarrify if the Limitations Act only applies after the account is in default or in the above case if it still applies and Mackensie Hall are just trying to get the money??

The 'Limitation Period' - Six years in England and Wales (Five in Scotland) starts from either the last date that you made any payment towards the 'debt' or the last date that you acknowledged the 'debt' in writing.

The date of any 'default' that was entered against you is irrelevant as this could be many months after you last made a payment or written acknowledgement.

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

MacKenzie Hall are well known for trying to chase payment on debts which are 'unenforceable through the courts' - so, if you think that you are covered by the Limitation Act, send them the letter that you will find in the above link and they should cease further attempts at pursuing you. See the section regarding 'Statute Barred' debts in the OFT Debt Collection Guidelines:

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

If they continue to pursue you for payment, report them to the OFT - they are already on a warning for ignoring the OFT guidelines concerning disputed and unenforceable debt.

kimmy991

Hi All

I am new to this so not sure if posting in the right place but will give it a go anyway.

Sent the cca letters of to debt collectors and waited for the response within the time limit, didn't receive it. Anyway sent the rest of the letters that i found on this site (thank you) and i was sent a signed application form, sent letters back stating it wasn't a true copy of the cca as requested, the debt collectors then sent a letter saying they closed the account and sent it back to their client (Halifax). Today i received a letter from another debt company chasing the same debt, i am not sure what to do next can anyone help me??? Pleaseeeeeeeeeeeeeeeeeeeee!!!

Thanks

rog2

kimmy991 wrote: »

i was sent a signed application form, sent letters back stating it wasn't a true copy of the cca as requested, the debt collectors then sent a letter saying they closed the account and sent it back to their client (Halifax). Today i received a letter from another debt company chasing the same debt, i am not sure what to do next can anyone help me??? Pleaseeeeeeeeeeeeeeeeeeeee!!!

Hi kimmy - send the 'new' dca a copy of the FORMAL NOTICE _ ACCOUNT IN DISPUTE letter that you will find on post~8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Then report BOTH dcas to the Office of Fair Trading - the first dca had no right to forward your details to another dca, as they were in default and the second dca has no right to 'pursue' the account as it is in dispute.

kimmy991

Thanks for that, will give it a go!!

JonnyYoung

Thanks Rog for the clarrification - I have definatly not made any payments or contacted them within the last 6 years. I will send Mackensie Hall another letter in the post tomorrow.