Help, am i being lied to?

thatchamlad

Just had a letter from Mackenzie Hall regarding a debt with a mobile phone company that defaulted in 2002.

Was advised that the debt was £859.00 and payable in full. Was then advised that if i didn't pay it would effect my future credit rating.

When i said to forget it as the debt was statute barred he said it was not, under the concealment act? and that if i had told my creditor my new address when i moved it would indeed have been statute barred?

I then told him that it could not effect my credit rating as the default date is 7 years ago and the records are only kept for 6 years from date of default.

He said that further action will now be taken!

Should i be worried and what is the concealment act?

Thanks for any help in advance.

Tixy

Might be worth looking at this factsheet - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act (particularly look at the OFT guidance bit)

and mackenzie hall are notorious for lying about statute barred debts - in fact they've already been in trouble about it - I'll go find you the link about how to complain.

fermi

Don't worry, he was talking nonsense.

There is a provision in the Limitations Act 1980 regarding "concealment" that can effect when a debt becomes statute barred from, but it doesn't apply here.

It actually applies to when someone uses concealment so that the creditor is unaware of their "right of action" until a later date. The 6 years then runs from when the creditor discovers they have a claim against you.

But as said, it doesn't apply here because the creditor knew the debt existed and that they were entitled to take action on it from the start. The default itself proves that.

Ignore this idiot, and send the Statute Barred letter.

Tixy

read this http://forums.moneysavingexpert.com/...html?t=1639473

And write to the OFT making a formal complaint.

You might ant to copy the CEO at MH into the letter.

(Thanks to RAS whose post I cut & past)

(EDIT to clarify -you can only complain once you have sent the statute barred letter and if they still chase)

RAS

And report them to the OFT.

It would also help if you stopped speaking to them on the phone, as they would probably be more careful about making this sort of suggestion in writing because they are already in trouble with the OFT.

if they do ring, tell them you are recording the call as evidence to pass onto the OFT.

fermi

Should just add............


Don't talk to these people on the phone.


They will lie to you. :mad:

thatchamlad

Thank you for all your help guys. Letter is being sent tomorrow

rog2

MacKenzie Hall make their money - and a lot of it - out of what are, in effect, unenforceable 'debts' which they have 'bought' - often for just a few pence in the pound.
They do this by relying on the fact that the vast majority of 'debtors' are unaware of the protection that the Law - either the Limitation Act or the Consumer Credit Act - affords them.
Although they are on a compliance warning, from the OFT, for just such behaviour - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/requirements.pdf - it makes my blood boil to see that they continue to act in this way. :mad: :mad:
It is obvious that they have little, or no, intention of complying with the OFT requirements, and the utter contempt that they are showing towards this Governmental regulatory body is yet another example of just how they consider themselves to be 'above the Law'.
Mackenzie Hall must be the worst example of everything that is bad in the already dubious world of 'Debt Collection'.
They are the pits. :mad: :mad: