Mackenzie Hall problem

dogder

Hello all,

first off: thanks for having me..

This month I have recived two letters from Messrs Hall DCA's.
They stem from credit a card debt I aquired round 2002, I was really ill with mental health problems and am only just now starting to take control of my life again. So recalling all the old details is next to impossible.

The first letter from them asking me to contact them urgently regarding a "personal" matter. when looking up their name on google I found your board(thank goodness). Exactly a month later I recieved letter two..

This one demands full payment by noon of Feb 24th 09. I think I shot myself in the foot because I asked experien for a copy of my files after the first letter and the search must have linked all my address's.

I had fully intended to pay this but I've been on IB for some time and probably for the forseeable future, so wanted to wait till I could set up a payment plane I could afford. Plus the DCA has ramped up the ammount owed by 437 pounds, which seems a bit high for simple fee's.

Original debt = 475.52
M, Halls demand = 912.65

Can they do this?

I'm contacting CAB and CCCS tomorrow, rang them tonight but CCCS said they were so busy and to call again tomorrow.

In the meantime any comments would be of great help. and can anyone describe to me the kind of proof and how to make a SOA to present to the courts (if they go that far) or the DCA. please?

thanks for any replies in advance.

Roger.

fermi

Has there been a gap of 6 years (5 in Scotland) where you neither made a payment on this or acknowledged it yourself in writing?

dogder

Thats one of my problems, how do you find out when the credit company first registered a default..I have a date for when the company sold my debt on to lowell portfolio.
But that was years after I'd stopped communicating with the credit company..the letter is dated sept 06..I stopped payments in 02..does that help?

fermi

If you stopped payments in 2002 and didn't write to them acknowledging the debt afterwards, then it should have become statute barred sometime in 2008.

MH are notorious for buying up statute barred debts, presumably since they are legally unenforceable and just hope they can make you pay before you realise that.

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

Probably your best bet is to send the appropriate letter from the links above.

That puts the responsibility onto MH to show that it is not statute barred, which it's likely they can't on past evidence.;)

MrsTinks

It does... because if you haven't acknowledged the debt in the time frames Fermi has pointed out then it's statute barred - ok there are some minor exceptions (like if they can prove they have been hounding you and chasing you etc - rarely happens that they can prove this) - so you kind of have the upper hand. If it IS statute barred then they cannot legally chase you for this debt - morally however I would say you ought to pay it but there will be plenty of others who disagree
However YOU have the upper hand on this because YOU can decide when and how much you pay them and you could even make them a full and final settlement offer of half what you originally owed if you think you can find that amount of money

fermi

Failing that, you can ask for a copy of the credit agreement. If they can't provide a valid one then again they would be unable to enforce the debt.

But the statute barred letter is simpler at first if there is a fair chance of that.;)

dogder

Ok thanks...It's very worrying as you probably know. I intended to pay off the original debt in time anyway. but I resent the way they have doubled the debt with no explanation at all. there's a lot of difference between 475 and 912.
I think I'll try the letter first. will the fact of me sending it be taken as an admission of the debt by them?

MrsTinks

Well it does, but if you are sure of your dates then it doesn't matter - if you're NOT sure of your dates then send the CCA request - it states that you do not acknowledge any debts to them etc etc etc

fermi

MrsTine wrote: »

it states that you do not acknowledge any debts to them etc etc etc

So does this version.

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

MrsTinks

LOL well if you WILL go an insert the line Look i'm suffering pregnant brain and I can't make obvious jumps like that at the moment :P don't pick on me or I'll.... I'll.... oh heck I'll eat a chocolate bar infront of you and not share so there! NAH! :P

fermi

MrsTine wrote: »

I'll.... oh heck I'll eat a chocolate bar infront of you and not share so there! NAH! :P

Below the belt.........