Mackenzie hall/Lowell Portfolio 1 ltd

martin82_2

Hi guys I posted around a month ago that Mackenzie Hall had sent a letter asking me to contact them but no further details.

Today I got a second letter from Mackenzie Hall stating the client is Lowell Portfolio 1 Ltd and the outstanding amount is £634.89. They have offered me a Time Barred offer of settling the balance with a payment of £317.45 or setting up a payment plan of £25 per month for the full amount.

I have no idea what this is for and I don't thing it is on my credit file. From looking through the internet Lowell tend to be for credit cards which I have nver had and also 3 mobile which i may owe to from a long long time ago.

Advise on my next move guys.

martin82_2

bump, please help guys

dollydo

Hi,
Hopefully someone will be along soon who knows more than me ! But I think that if the debt is over 6 years old (england) and 5 years old (scotland) then it is statued barred and not repayable.

martin82_2

Yes I believe that is the case, I'm sure somebody had a template letter that can be sent asking for further info on the debt but not sure if thats what I should do or if I should just pay the reduce amount whilst that offer is on the table.

LilacPixie

I, personally would send the 'prove it' letter.

martin82_2

Even though the reduced offer would no longer be on the table?

dollydo

Hi, have found both prove it and statue barred letters on thread - copied off of fermi ( hope you don't mind - fermi )

National Debtline "prove it" letter

Quote:

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


and the statue barred letters.

England/Wales.


Quote:

1 High Street,
Newtown,
Kent
R21 4RH
Date

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

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:

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".

The last correspondence/payment/acknowledgement or payment 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/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 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/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other
Hope this helps.

LilacPixie

Yup. You do not even know for sure what this debt relates too. Not to mention DCA's are weasels, they would not be giving 'reduced offers' if they thought they could get the whole amount.

Does this work

sutton111

martin82 wrote: »

Yes I believe that is the case, I'm sure somebody had a template letter that can be sent asking for further info on the debt but not sure if thats what I should do or if I should just pay the reduce amount whilst that offer is on the table.

It's up to a DCA to prove you owe the money not the other way around. As the above post said send them the prove it letter and see what they send back, I sent MH a Statute Barred letter about 3 weeks ago and I haven't heard a thing, I know that the debt they were chasing me for is actually Statute Barred though.

If you require more debt help contact the National Debt Line, they are they helpful.

Livto_2

Lowell Portfolio are a DCA themselves.
So why the have passed it on to Muck Hall is anyone's guess?
If Lowells cannot collect the debt, then rest assured that Muck Hall certainly will not.
They are each as useless & as powerless as each other :rolleyes:

phil80

Do not pay them a penny till they can prove that you owe them the money if you are unsure it is your debt in the first place why even consider paying them anything. Write using the above letters and see what they come back with.