Mackenzie Hall - Help.

wayne99

Hello all, please bear with me, ill detail all information about the debt below.

Back in 2001 i had an overdraft with barclays bank which was around 1k

i got into some financial troubles, and had to enter into a reducing overdraft agreement with barclays to clear the overdraft off the account, the thing is that i couldnt afford the reductions and quickly fell into trouble, ended up switching accounts so i could have control of my wages again.

I then did a really stupid thing and burried my head in the sand and ignored the barclays debt, which stood at £700 odd pounds

in 2003 i had a letter from northhampton county court, for which i replied to offering a payment of £30.00 pcm and a full breakdown of my finances to support the offer, the offer was accepted, and i was paying this untill october 2003, then i became un-employed for a period of 6 months, i had to move into a council property out of the area as couldnt afford priv rent etc etc

obviously i did not keep up repayments on this debt what so ever.

for the last few months i have had this mackenzie hall harassing me, being abusive and thretaning on the phone, all the standard threat letters through the post.

the details they were given from barclays were that i took out a consolodation loan ? i had an overdraft.

also barclays have registered a default in 2004 on my credit file for £681.00

mc hall are saying my debt is £731.00 as puchased from barclays, i have told them the amount and details they have i dispute and i would like proof of the debt from them which they keep refusing to give me, saying i need to speak to barclays.

i have spoken to barclays and they say they sold the debt on, they have no details of the origninal debt as it was closed there end, and to contact mc hall.

iam lost, mc hall are now saying they will send a collection agent around to see me, what do i do now ?

is there something in writing i can send them ?

any help is greatly appreciated.

GeorgeUK

Was there a CCJ or did you agree to the payments before it went to court?

When was the last payment made?

MH if pursuing a debt are required to prove that the debt is owed - have you been communicating with them by phone or letter?

wayne99

GeorgeUK wrote: »

Was there a CCJ or did you agree to the payments before it went to court?

When was the last payment made?

MH if pursuing a debt are required to prove that the debt is owed - have you been communicating with them by phone or letter?

no ccj was ever given to us through the post, and i have one of these online credit cheker things from checkmyfile and nothing shows, but i did get my stat credit report through from experian about 10 days ago and there is a part that states information type: judgement dated 24/07/03 northhampton county court £681.00 which is the barclays debt. - strange how this was never listed on checkmyfile, and we never recieved copys of this through the post.

last payement was payed in october 2003, (according to mh) i have asked for proff of the payment - they refuse.

everything has been done on the phone with mh.

ladybez

Hi and welcome to the boards. There is a template letter on here, I's sure some kind person will post a link for you, requesting all future correspondance to be in writing, this makes it easier to prove what has been said and what actions have been taken, the is also a template letter requesting MH to prove the amount and validity of the debt, again I'm sure someone will post a link for you. Good luck

RAS

hi

Most debts become statute barred after 6 years (from the date of the last payment or written acknowledgement by the debtor.)

This does not apply to CCJs however. BUT... if a 6 year period elapses, they need court permission to pursue the debt.

Given how close you are to that limit, you need to take proper advice from a debt charity before you make any representation to MH in writing. I would suggest you do not ring them either in the mean-time.

GeorgeUK

I would refuse to discuss this over the phone with them - make sure all communication is in writing only.

I would also check with the registrytrust to see if a CCJ was awarded or not. If a judge has ruled on this then you may have some problems with this. A CCJ never becomes statute barred and although if no payments have been made for 6 years with a CCJ, the company may need to reapply to the court for permission to enforce the CCJ, as they have been pursuing you for payment it may be easier for them to get this done.

There are letters you can send on the site to request no phone calls and to state that you do not wish doorstep collectors to come to your property. I would also send them the 'prove it' letter as they would not have been able to add interest or charges to the debt without the judges explicit permission, so this may not even be your debt.

wayne99

thanks all,

What do you think of this "consolodation loan" comment they made, they said i had a consolodation loan from barclays, i have never had a consolodation loan from anyone let alone barclays, are they refereing to the reducing overdraft agreement ?

my stat report says the following:

my name, and address from years ago
information type: JUDGEMENT date:24/07/03
Amount £681
Court Name NORTHAMPTON COUNTY COURT Case number ********
Source REGISTRY TRUST LTD

so will this be gone from my credit report now ? or will it remain untill settled ? as its now been 6yrs and 4 days since the entry ?

RAS

It will fall off your records in the next few weeks.