Old Debt? Mackenzie Hall

Gordon_Hose

jess1974 wrote: »

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

How long does it take you to say "I don't owe any money"?

What if someone has committed fraud in your name?

Not being funny, but they'll just keep calling and calling...and calling...and writing...and writing.

Up to you, obviously. But if you don't owe any money then you have nothing to lose by telling them to remove your number from their listings.

jess1974

Gordon_Hose wrote: »

How long does it take you to say "I don't owe any money"?

What if someone has committed fraud in your name?

Not being funny, but they'll just keep calling and calling...and calling...and writing...and writing.

Up to you, obviously. But if you don't owe any money then you have nothing to lose by telling them to remove your number from their listings.[/QUTE]

I know what you're saying, but apparently this company don't take 'i don't owe any money' as an answer, and will intimidate people into paying off debts they don't even owe.
I just don't need the hassle right now, so would rather not put myself through that....

Gordon_Hose

But if you tell them that, then you've done your bit if it comes to myou submitting a complaint.

You know you don't owe any money, so how would they intimidate you into parting with any cash?

You don't need the hassle, but you willing to let them keep hassling you?

OK! lol

jess1974

Gordon_Hose wrote: »

But if you tell them that, then you've done your bit if it comes to myou submitting a complaint.

You know you don't owe any money, so how would they intimidate you into parting with any cash?

You don't need the hassle, but you willing to let them keep hassling you?

OK! lol

Lol, i think we'll have to agree to disagree......

jennyjenny1212

I had an old debt from when i was 18 iam now 25 from hsbsc for a loan and creditcard etc i moved addresses a couple of times and tried to bury it and then in 2008 age 21 a company called experte crdite who said i had to pay my debt or face bankruptcy i was told this was for everything i owed and ageed a final settlement of 4,000 with them which i paid. a year and half later another company contacted me and i provided them proof i had paid off hsbc with the final settlement letter. they accepted this.
now 2 and half years later (4 years after i had thought all debt cleared) mackenzie hall sent me 3 urgent letters i rang them and they expalined it was a debt owed to hsbc i explained i had paid everything i knew of to experte credite in 2008 and provided proof. they are now saying i owe on another 3accounts and that i had only paid off one account with experte.I told them as far as i was convcerned the only debt i knew of had all been settled i owed no more money. they said i couldnt have paid off everything. but i only had one contact for payment(that i know of) and i have paid this. experte credite say it was only for one account after telling me it was everything and i would hear nothing else. i didnt know about the others until now over 6 years later and mackenzie hall are telling me i have to pay even though i thought i had paid evrything i owe they say i owe on 3 accounts for over 5,000
someone please help me i geninuley thought i had paid them off with exerte credite i had no idea it was only for one account as i was only contacted by them and assumed naively that was everything.
i have no other money to pay them and i need some help.
i sent them proof of payment for 4,000 and said i never knew of the other accounts and as far as iam concerned i settledmy debt.
iam at my wits end.
jen

Gordon_Hose

If you haven't paid anything towards the accounts or acknowledged them in writing for over 6 years (5 in Scotland) they will be Statute Barred.

Muck Hall specialise in Statute Barred debts and chase debtors hoping they don't know their rights. Luckily you came here before paying them.

First of all you need to stop speaking with them on the phone, they have a habit of telling lies to make you believe you MUST pay this debt.

Secondly, if you have definitely not paid anything or acknowledged this debt for over 6 years (5 in Scotland) then you need to send them this letter:

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

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

Dear Sir/Madam

Acc/Ref No: xxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

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

We look forward to your reply.

Yours faithfully



Mr A N Other

*Delete as appropriate.

Don't sign the letter, just type your name.

jennyjenny1212

Hi thanks so much i took the advice and sent one and my mum forwarded a letter they sent me to me the day before i had sent the statute barred letter. saying i owed on 3 accouts for hsbc and what i presume to be account numbers the woman had given me before on the phone which i said i didnt recongnise. and it went into default april 2005 its over 6 years being july 2011. when i sent them proof of bacs and mothers bank statement for 4,000 i had included a letter saying as per previous conversation i wasnt aware of any debt to be paid and assumed everything paid do not contact me by phone again . as i did to the woman i spoke to before who said did you have a loan or card and i said yes but settled with experte credite that debt. which she replied was impossible,but i was seriously led to belive i had by them. and funny how 4 years later thses others have popped up.so sent the statute barred letter and they have sent another letter to scared to open it and have called me twice and left messages. iam veryscared now and to be honest its making me a little ill. i seriously thought all paid and was getting on with my life and now my mums upset as they keep sending letters and iam worried they might turn up and her house and take everything. what can i do please help me!

Gordon_Hose

Ok, first thing to do is to send them the telephone harassment letter:

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road

Town
City / County
Postcode


Dear Sirs
Harassment by telephone

Account Number: XXXXXXX
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


[NAME HERE]



Type and print your name, don't sign it.


The next thing is to open the letter they sent to see what it says.

ConcernedMrs

Hi All,

I couldn't find a similar problem to my situationso thought I'd ask. My uncle recently passed away and since my mother was his sole beneficiary and executor she has closed his bank accounts and had what little funds they contained transferred to her acount and used the mony to settle his funeral costs. We have picked up a number of letters from his flat that were forwarded from his previous address. Some of these letters were from MH stating that he has approx £2k of debts, they have also been texting his mobile phone. I've told my mother not to contact them at this time as I wanted to check out the company and see who they are and am glad to have done so.

Do we need to contact them? I am reluctant to do so as they will want her details. Also her home address is on his death certificate so I would be very reluctant to send this to them as I do not want her to be hasseled by them at this time.

Can anyone advise. I'm happy to get in touch with the CAB or similar.

Thanks in advance

CM

Gordon_Hose

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093