Old Debt? Mackenzie Hall

bottleofred

Hi Irfy,

You could send the prove it letter first, although if you are sure the debt is statute barred, then you could send it instead. Unfortunately, they can be very persistent, but if you do answer the phone and it's them don't go through the security check, tell them you only wish to be contacted in writing and hang up the phone. I'll attach the letters below:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No: xxxxxxxxxxxxx

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I we 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".

I we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

(add dates if you have them)

Consequently this debt is, and remains, statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Unless you can provide evidence of payment or written contact from me/us 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/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

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

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

I look forward to your reply.

Yours faithfully

fatalillusion

Adding another one to the list, because I cant decide between the three options obviously available to me.

We just received a letter from MH today and would love some advice as to our next step.

MH used my name, delivered the letter to my address and claim I owe a specific amount. The letter involved the token douchbaggery of threatening to 'send the boys round' in 7 days unless we set up a payment plan.

The letter shows a creditor and a co creditor BOTH of which are debt recovery company's so I have no idea where this so-called debt originated but I have an idea of some old debts I have and it may well be more than 6 years old (cant remember the exact dates).

My question is should we ignore this? ask that they send proof of the debt? or send a letter to claim the debt is over 6 years old?

Tixy

Hi fatalillusion - you could possibly choose any of the 3 options - but from what you have said I would go for the prove it option - and hope when they send you some more info that you might eventually be able to send the statute barred letters.

boogiemaster

Lowell bought a Capital one debt and Mackenzie Hall are collecting on behalf of Lowell.

Mackenzie Hall did an outstanding debt search on my credit file and its screwed me up and won't drop off till December 2012.

Lowell then sent a debt to another debt collection agency and they did an outstanding debt search to

So no decent credit till till 2013 but i wish i could have these removed.

No sale of debts has ever been sent from these companies to say Lowell own them nor has Lowell ever sent letters saying two companies are collecting on their behalf.

Nor has any proof been sent of these debts although Lowell are asking Capital one for credit agreement and non has turned up in nearly two months.

No proof of debts but they can trash your credit rating?

bottleofred

Apparently the searches they carry out are not full searches and cannot be seen by lenders. However, you can dispute them and should get them removed if the debt collectors don't respond within 28 days. I disputed mine by email and got them removed.

fermi

charlotteclare19 wrote: »

My partner has just received a second letter about Mackenzie hall chasing an old debt and having read up on them I have told him not to contact them. The first letter was that they were trying to contact him , and not addressed to anyone in specific and the second one is addressed to him and saying it is a failure to respond letter He was made personally bankrupt just over three years ago and has not had any credit since. He moved in with me just over 2 years ago and I am wondering what impact this will have on me as it is my home and he is only registered on the electoral role, and will this affect my credit. All his debts I thought were wiped clean with the bankruptcy. What should be do and should be respond to them. Obviously given the nature of other people's attempts at contacting this companiy, I am reluctant to get involved. Your help is appreciated.

I'll move this to it's own thread.

Link: https://forums.moneysavingexpert.com/discussion/3324472

boogiemaster

They put the search on table one so when i applied for credit other people would see them.

And it is effecting my credit because all table one searches on there at the moment are for credit applications like credit cards rental companies etc.

The outstanding debt searches look bad but that's how dirty these debt collection agencies are.

They do this so you pay them.

fatalillusion

Thanks for the advice Tixy

As an annoying update, I got an Experian credit report, and this debt apparently defaulted at the end of March 2006 so I guess no statute barred excuse for me xD

darcy9

i have just got a letter today to which i was obviously concerened! I rang them, they were very rude to me, and i asked them what it was that i apparently owed, they said, it was for a HSBC overdraft that I took out on 24th July 2000 when i was living at a certain address, that they gave me for £455. I told them that I had never had an HSBC account, but that in 2000 i was married and my ex husband had an account with hsbc, and that could it be that? they said, no the debt was in my name, it was a singlular personal account. I have never had my own account with them, never have. And that also, at that time, i was on my honeymoon! Also, the address they gave me was an address that i have not lived at! they had all my details, it is so scary. I went into HSBC and they looked into the archives, they said the only person at the time and date they gave that had an account was my ex husband, and he has not got any default or loans or overdrafts on that account and never has. I rang mackenzie hall back and explained this and said that the bank advised me to get paper proof of this apparent debt from them, so i could look into it, and they point blank refused, saying it would be a waste of their time and effort to spend weeks searching the info on a papertrail to send to me. They said if i am that adamant that i never had this account and this overdraft that i should call the police and get a URN number then ring them back with this number so they could send the info to the police. I am very wary about what to do. This is a debt from 11yrs ago that i dont belive i own. The bank have also declared i never had an account with them. What do i do?
.

fatbelly

fatalillusion wrote: »

Thanks for the advice Tixy

As an annoying update, I got an Experian credit report, and this debt apparently defaulted at the end of March 2006 so I guess no statute barred excuse for me xD

Depends when you last acknowledged the debt and where you live.

No payment or written acknowledgement since June 2006 - OK in Scotland

No payment since or written acknowledgement since June 2005 - OK in England/Wales