Old Debt? Mackenzie Hall

kittykat26

Hi all-

first time on here.. just wanted some advice.. I have recently started receiving letters from mackensie hall which I assume related to a small overdraft debt which i had when i was a student 8 years ago (I have no other debt that I know of).

I opened the first letter which is how I know it was in fact from them and have been receiving letters every few months (also they also have my name wrong which makes it easy to identify their letters when they come) which I have been marking "return to sender" and putting back in the post.

I'm just wondering why are these people trying to track me down after so very long? and should I be worried?

rog2

kittykat26 wrote: »

I'm just wondering why are these people trying to track me down after so very long? and should I be worried?

Concerned, yes - but worried, no, kk.

Providing that you have made no payment towards the old overdraft, nor acknowledged the debt in writing, for a period of six years, then the debt will be 'Statute Barred' and, therefore, unenforceable through the Courts.

You could send them the 'Statute Barred' letter, that you will find on the following link:

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

However, unless any of their letters actually quote the 'overdraft' as the 'debt' they are pursuing, I would advise, initially at least, that you send them the 'Prove It' letter, that you will find on post 3 of the following thread; http://forums.moneysavingexpert.com/showthread.html?t=963087

It is up to MH to clarify exactly what they are pursuing you for. Once you receive a reply, from them, post the details and we will happily advise your next course of action.

And, please resist the temptation to phone them.

kittykat26

In the first (and only) letter that they sent me which I've read they claim that my bank gave them my address? can this be correct? Surely my bank are not allowed to give out my personal information?

rog2

kittykat26 wrote: »

In the first (and only) letter that they sent me which I've read they claim that my bank gave them my address? can this be correct? Surely my bank are not allowed to give out my personal information?

It is possible that they have 'purchased' the debt from the bank, in which case the Bank could have given them your address. Otherwise, no - to give out your personal information would be a breach of the Data Protection Act.

Send them the 'prove it' letter.

einyuk

evenin.

i sent a prove it letter recorded delivery and got a reply saying they will get me the details and to allow 40days and that further action will be put on hold....read almost all of this thread and aint seen anyone who's received a 2nd response like mine :eek:
also when MH 1st called me they said the last contact was when a bailiff called at my work in 2004......do bailiffs call at ur place of work ?....plus i've worked at same place for 20 odd years and never recalled anyone turning up and asking for monies ( tell a lie.....except the wife an kids):D

bit uneasy now.

Volcano

Is your debt statute barred?

If not, they'll be trying to get the details of the loan etc together. It's not unknown for them to just make stuff up (like visiting your place of work 5 years ago :rolleyes:).

Check any info they send you carefully and don't speak on the phone with them.

simon976

Thanks for everbody's help! Amazing forum and very calming/reassuring.

I did actually call the SLC yesterday to discuss a seperate matter (the receipt of a statement), during this call I asked for a history of monies loaned and repaid which the operator detailed over the phone and which I've requested to be sent in writing. Confounded by the fact that the person I spoke to told me that I had no outstanding amount on my grant overpayment - the money MH are attempting to reclaim! I will ignore any future attempts......

Volcano

simon976 wrote: »

Confounded by the fact that the person I spoke to told me that I had no outstanding amount on my grant overpayment - the money MH are attempting to reclaim! I will ignore any future attempts......

I would send them a 'prove it' letter, to see exactly what they think you owe. If they send a reply you will then have a) an accusation from MH saying you owe money and b) a letter (with dates) from SLC proving you don't.

Forward copies to the OFT stating that they are persuing you for a debt that doesn't exist.

(I know that the SLC and Honors Student Loans have pretended to be 2 different companies (does that still happen?) so check to make sure exactly who they are claiming you owe the money to).

RobertoMoir

einyuk wrote: »

evenin.

i sent a prove it letter recorded delivery and got a reply saying they will get me the details and to allow 40days and that further action will be put on hold....read almost all of this thread and aint seen anyone who's received a 2nd response like mine :eek:
also when MH 1st called me they said the last contact was when a bailiff called at my work in 2004......do bailiffs call at ur place of work ?....plus i've worked at same place for 20 odd years and never recalled anyone turning up and asking for monies ( tell a lie.....except the wife an kids):D

bit uneasy now.

Bailiff or debt collector?

Two very different things. I'm not asking just to be awkward, if it really was a bailiff and not a debt collector who was fond of big words then this implies a CCJ was granted for the debt which has implications for the whole statue barred thing.

einyuk

hmmm thx roberto

just a case of wait an see.....wats with the CCJ.......i've no records or recollection of such..how could i find out if one was issued ?

cheers