Old Debt? Mackenzie Hall

Tixy

darcy9 wrote: »

What do i do?

Never worth talking to them on the phone - they will not follow correct procedure & OFT guidelines if you try talking to them on the phone. You know its not your debt as you didn't have an account. So just send the prove it letter to them.

Another link to the template is here - http://forums.moneysavingexpert.com/...93&postcount=2

fatalillusion

I have an update regards my issue with these guys, I sent the standard statute barred letter that there are templates of here to MH via recorded delivery stating this debt was statute barred and to prove is wasnt. They have since sent me a letter saying:

"Upon Investigating this matter.... I conclude that said account has not been deemed to be statute barred"

Now.. I am confused, because in my opinion sending a letter saying 'no it isnt' is hardly proof that the debt isn't statute barred. Any advice would be very welcome. ^_^;

Gordon_Hose

Well, was the debt statute barred when you sent the letter?

If the debt isn't SB then I would send a CCA request to see if they can enforce it.

To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.

fatbelly

fatalillusion wrote: »

"Upon Investigating this matter.... I conclude that said account has not been deemed to be statute barred"

Now.. I am confused, because in my opinion sending a letter saying 'no it isnt' is hardly proof that the debt isn't statute barred. Any advice would be very welcome. ^_^;

I'd stick with this route for the moment. Try to get them to commit themselves to giving you a date when the debt was last acknowledged. Then see if you agree - they may just make a date up.

Really you should be putting a date to them - is there no way you can find out when you last made a payment?

You could do a Subject Access Request. Unfortunately they can charge a tenner for this, and I'd be reluctant to give MH anything. But they must comply.

There are a couple of SAR templates in this thread

https://forums.moneysavingexpert.com/discussion/963087

Gordon_Hose

No need for a SAR just yet, fatalillusion needs to determine whether the debt is even enforceable first.

jess1974

I started getting calls from these jokers a few months ago, every day for a couple of weeks, however i never answered as i have caller display, the calls have now started up again, i'm hoping they'll think no one lives here anymore and stop phoning me, both my hubby and i have never had any debts, the only money we've ever owed is our mortgage......

Gordon_Hose

If you don't owe any money why not just pick up and tell them that? They won't stop calling, trust me.

fatbelly

fatalillusion wrote: »

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

What was this debt? Credit card? Loan? Overdraft?

Yoghurt_Pot

Hi,

First post here so i hope i dont waffle too much.
I received a letter from MacKenzie Hall in March, it was sent to my parents address and accidently opened by them. i rang MacKenzie Hall as i didnt want any baliffs etc... turning up at my parents door and arranged to pay them a certain amount each month which i have in Mar, Apr, May and June, now they are ringing me saying i need to pay more!
i cant afford to pay anymore but i dont want my parents getting any trouble. Obviously i have acknowledged the debt and it is under 6 years and i borrowed the money so it is my duty to pay it back, but surely only as much as i can physically afford??
beginning to wish i'd never started paying them...

Thanks

jess1974

Gordon_Hose wrote: »

If you don't owe any money why not just pick up and tell them that? They won't stop calling, trust me.

No why should i waste my time dealing with them, if they need to contact me they can write me a letter.....