Meritforce doorstep collection

98jdougl

Ok, getting really worried here.
Had a debt that was passed to mackenzie hall, i wrote and emailed them a few times with no reply. I had a letter today (21st nov) from meritforce who are saying that mackenzie have passed the debt to them. The letter was dated the 7th of november and said i had to get in touch by the 17th and that the had an authorised doorstep collector to call.
I know that they can't send bailiffs unless they are court appointed (which they arn't) and there is a letter to send to stop them doing so (i think)

Can someone point me in the right direction?

thanks

98jdougl

anyone got a link to the letter regarding bailiffs even if they dont have the actual letter?

fermi

A doorstep collector is NOT a bailiff and has no rights or authority at all.

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

98jdougl

thank you sooo much!

kidwispa

I have a similar problem i could do with advice on....

I took out a Barclaycard back in 2000, with the last payment being made to them around 2001. I then subsequently moved house a number of times without notifying my bank and basically didn't hear from anyone concerning this matter again (it was childish i know, but i was young and unable to pay the debt and didn't know how else to deal with it).

About a year ago i started getting letters from Mackenzie Hall telling me that i now owed them this debt, but i took no notice of them having read online about statute barred debts... then last week i got a letter from meritforce informing me that they were going to send an 'authorised representative' to my home...

Basically what i want to know is this:
- is my debt statute barred?
- whats the best way of stopping these people contacting me? (as i'm worried if i phone them it may reset the 6 years)

Any help would be massively appreciated as i've had my head in the sand with this for so long, i just want to be free of it all....

Jesthar

Well, first things first, if anyone does turn up in the doorstep they have the same legal right to enter you rhome and/or demand money as your postman does (i.e. none whatsoever!), so don't open the door to them and tell them to get lost through the letterbox. If they refuse to go, you can report them to the Police as they will then be trespassing.

As to the debt, that is almost definitely statute barred. I think someone around here should have a link to a standard letter you can send to the company demanding the money...

kidwispa

I've recently signed up to creditexpert.co.uk to check the state of my credit, and there is no mention of the debt mentioned in my previous email... Does that mean that it has been wiped from my credit file and is definitely statute barred or are the 2 things not connected? I just wanted to make sure I was sending the right letter to them before i post it...

thanks for any help in advance!

:hello:

RAS

Hi

After 6 years non-payment, two things happen

1. All reference to the debt falls off your credit record.
2. The debt becomes unenforceable in law/statute barred UNLESS there is a CCJ outstanding and then they need court permission to pursue you.

MH specialise in buying statute barred debt and trying to frighten people into pay even though they have no legal obligation.

Do not phone them as they are real bullies but do not worry about re-setting the the 6 years, once a debt is staute barred, it remains statute barred, even if you have made payments to it after the 6 year period.

You can send them a statute barred letter, or just bin the letters. Anyone who turns up can be told to go packing.

rog2

kidwispa wrote: »

I took out a Barclaycard back in 2000, with the last payment being made to them around 2001. I then subsequently moved house a number of times without notifying my bank and basically didn't hear from anyone concerning this matter again (it was childish i know, but i was young and unable to pay the debt and didn't know how else to deal with it).

Definitely looks to be Statute Barred, kw. This is, indeed, the type of 'debt' that the 'ilk' of MacKenzie Hall specialise in.

The 'debt' becomes Statute Barred providing that the 'debtor' has made no payments towards it, nor acknowledged it in writing, for a 'Limitation Period' of six years (five in Scotland).

Whilst such 'debts' do not disappear, they are, generally, of no interest to the original creditor as he knows that the debt is no longer enforceable through the Courts, once the debtor has told him that he will not be making any payments.

In effect, the debt is 'written off' as it is not worth the cost of pursuing, but, as in all industries, there is no such thing as 'waste'. The industry is populated by carrion such as the likes of MacKenzie Hall, who see such 'otherwise written off' debts as an easy source of income. Mackenzie Hall 'buy' such debts for a few pence in the pound, rather like the floor sweepings at a tobacco auction.

Unlike the original creditor, they will play on the debtor's ignorance of his rights under the Limitation Act and will attempt to collect the 'debt' usually by putting the fear of God into the debtor in the hope, and almost certainty, that the debtor will 'pay up' in order to get them off of his back, before checking the legal status of the debt.

They use the threat of Doorstep Collectors - as far as I know 'Meritforce' is actually a part of their own festering organisation - and will often imply that these doorstep collectors have the power of 'Bailiffs' when, in fact, they have no power whatsoever. Such an inference is totally contrary to the Office of Fair Trading Guidelines on Debt Collection:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

For details of how the Limitation Act can help you, including a template letter that you can send, have a look at:

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