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Old Debt? Mackenzie Hall

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  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Davey_A wrote: »
    Is there any Do's and Dont's for when i call them ?

    Hi Davey - The ONLY 'Do or Don't' that you need with these people is:
    DON'T CALL THEM !!!
    Keep ALL correspondence with these chancers IN WRITING ONLY and keep a copy.
    If the 'alleged debt' is more than six years old and you have made no payments towards it in those six years, nor contacted the creditor, in writing, about the 'alleged debt', ALL you need to do is to send the template letter that you will find at:



    The letter that you need is the one where you dispute your liability for a debt where the creditor has not contacted you for six years.
    If you phone them, they will attempt to tie you in knots.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • DON'T PHONE - that's the best things - look at your credit report and look at the dates very carefully! Admit nothing either.
    'Proud To Be Dealing With My Debts' : Member number 632
    Nerds rule! :cool:
  • Great advice everyone...

    Lets stick together and keep the forum posted.

    Check out this thread too -

    http://forums.moneysavingexpert.com/showthread.html?t=253420

    Remember...

    Don't tell MH anything!!!

    Don't call them!!!

    Don't give them any money!!!

    If they put the pressure on then send the standard "Limitation Act" Letter.

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

    Submit your situation to Watchdog and let's get them investigated -

    http://www.bbc.co.uk/consumer/tv_and_radio/watchdog/contact_finance.shtml

    Cheers, Steve
  • Hello all. Great advice here about this "company". :j

    I too have received a letter and will now despatch it to the shredder. :p

    Found this site whilst I was browing for information:

    http://www.touchkilmarnock.com/business/list/bid/3527018

    Why don't all the people who have had dealings with them post a review on this site? I am sure it would soon get full up of interesting comments!! :rolleyes:
  • Davey_A
    Davey_A Posts: 6 Forumite
    Thank you all for the advice
    Davey :grin:
  • mackenzie hall

    statue barred dept collection agency

    They have no legal rights to collect a debt that is over 6 years old

    Heres the legal stuff
    Statute Barred

    A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
    Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970
  • Hi all,

    I have just received a letter from Mackenzie Hall addressed to me asking they are attempting to contact the above named etc etc. regarding a personal matter.

    Having googled them to see what they were about, and read all the posts I decided to check my credit report on experian. Unless I have read it wrong I have no outstanding debt. I know that my credit past is abit colourful and that as with alot of people mistakes have been made in the past, I am guessing that following on from other peoples experiences this must be old debt that has dropped off my credit report.

    I need some advice... do I contact them or ignore? I dont want to ignore any lawful debt but I am loathed to start battling them for debt they are not lawfuly obliged to collect.

    Thanks for any advice
  • mackenzie hall

    mackenzie hall are a statute barred debt collection agency

    statute barred means your debt is over 6 years old and therefore no longer legally existed (please read my previous post regarding statute barred
    debt)
    Below is a standard letter you can send to them(make sure you send it recorded delivery) and if they still try to contact you they are breaking the law ( harassment contrary to Section 40(1) of the Administration of Justice Act 1970 )

    Here's the letter




    Name of Creditor
    Address of Creditor

    WITHOUT PREJUDICE

    Dear Sir/Madam

    Re: Account No/Reference No:

    No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

    I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

    The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

    I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

    I look forward to your reply.

    Yours faithfully

    (Your signature)
  • natanddan1
    natanddan1 Posts: 484 Forumite
    Hi Guys

    Recieved the standard ' trying to contact xxxxxxxx ' letter from MH. A month ago i received a letter address to my wife from another DCA for a debt that was 7 years old. I sent them the standard statute barred letter and heard mothing since.
    I suspect this latest letter from MH is for the same alledged debt.

    My question is, if the previous DCA was informed the debt was statute barred and they then sold it on to MH. Does this contravene any data protecion act by the previos DCA knwing full well that the debt was statute barred?
    :confused:
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    natanddan1 wrote: »
    Hi Guys

    Recieved the standard ' trying to contact xxxxxxxx ' letter from MH. A month ago i received a letter address to my wife from another DCA for a debt that was 7 years old. I sent them the standard statute barred letter and heard mothing since.
    I suspect this latest letter from MH is for the same alledged debt.

    My question is, if the previous DCA was informed the debt was statute barred and they then sold it on to MH. Does this contravene any data protecion act by the previos DCA knwing full well that the debt was statute barred?
    :confused:

    Don't know about the Data Protection Act, but MH are definitely acting in contravention of OFT guidelines in trying to pursue this debt.
    I suggest you do nothing - if MH persist, then write a letter of complaint to the Trading Standards Office, stating that you have already refused to pay this 'alleged debt' as it is 'statute barred' (enclose a copy of your letter to previous dca) yet you are being further harrassed by Mackezie Hall.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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