O2 Debt Mackenzie Hall

jennabelle42

Hi all,
Hoping someone can help? Sorry - its a long one but just want to provide all info!

When I met my boyfriend (now husband!) back in 2003 he had managed to get himself into a fair amount of debt. After a few months he got a loan through his mum and paid off the majority of what was due.

However 6 years on - April 2009 (one month before we got married) Mackenzie Hall left a voice message on our home phone and have since been in contact via letters. They are claiming that my Husband has outstanding O2 contract debt of £431.78. We were both sure that this was a debt he had paid off at the end of 2003 (to another debt company) and contacted MH to tell them this. They said he needed to provide a cheque number etc. The debt was paid by his mum however so we needed to contact her. As the transaction is over 6 years old she needs to write to her bank and we are really struggling to get her to do this (another story).
As my husband explained we were due to get married and were going to be away on honeymoon plus time to get his mums statements back from bank, MH said they would give us sometime and we put it to the back of our mind.
However he has now had a FINAL OFFER letter a few days ago - "our client will accept £215.00" type thing
In light of this I thought I would come on here and see if anyone can help? Have heard some bad stories about this particular Collection Agency

AMBERSHADOW

If you have made no contact or payment for 6 years this will be statue barred and not enforcable...

Someone will correct me if I am wrong here

Tonylpool

hi jennabelle, ambershadow is quite correct that if no activity has happened on this debt then it is statute barred. This is probably hence the lesser figure in order to try and collect something rather than nothing. In this case the consumer feels that they have got rid of a matter at reduced rate and the debt company get money they would not normally be entitled to.

On a separate isue, MH are chasing me for £2k+ for a debt due on an MBNA card. I have never had an MBNA card and I have wrote to them and spoke to them numerous times to provide evidence of this. To date they just keep leaving their annoying messages and sending their letters. Hope this gives you an insight into them.

I would call their bluff!

Tony

moongarden

jennabelle42 wrote: »

the transaction is over 6 years old

Mackenzie Hall again - lovely people to deal with - always get their facts straight before hassling people! They have done this to me before but not over 6 years old. Fortunately I had just done a Subject Access Request against my old bank so had the statements to prove it. Even funnier they tried it again 18 months later!!

The debt is unenforceable as it is over 6 years old. But more importantly it is up to Mackenzie Hall to check their facts first before making accusations. I would write to them (never phone as you have no proof of the content of the call) sending it recorded delivery (more proof) and copying it to the Financial Services Authority (also recorded delivery)

Letter along the lines of:
Dear Blah,

Re: your letter dated ...

This account was settled in 2003 by (mother in law) on behalf of (OH) although at tht time it the organisation this was paid to was not MacKenzie Hall. You appear to have been passed an old file for an account which has been settled and what is more you appear to be attempting to resurect this beyond the statute of limitations.

I am dissapointed that an organisation such as yourselves would rigourously check your facts before sending out incorrect correspondence such as this.

Please review your file in detail including all documentation and records passed to yourselves from any previous holder of this file and confirm, in writing, that this account has been settled.

Yours ...

Next get a copy of your OH's credit file - only £2.00 if you get it through the post - and chect it through.

moongarden

Tony - if you want to have a bit of fun with MH you could total up your time spent dealing with the issue, postage and cost of telephone bills etc then send them a letter demanding they reimburse you!

They ignored my first one (sent rec del) so i sent it again warning i would take it further. That got a standard reply saying they would look into it - again no a proper response - so i issued them a small claims case. Lo and behold a week later I got an "apology" of sorts and a cheque.

Tonylpool

Hi Moongarden, what a great idea, I idnt even think of that but knowing that it works I certainly will do! Thank you

I have been busy dealing with so many other debt issues that I havent even thought of that!

jennabelle42

If I issue a staute barred letter and am successful does this mean the debt will be settled on my credit scoring?
Thanks

Wickken

Mackenzie Hall have also been in trouble with the OFT for exactly this sort behavior
Read this if you haven't already:-

http://forums.moneysavingexpert.com/showthread.html?t=1639473&highlight=mackenzie+hall+oft+imposed

Jesthar

jennabelle42 wrote: »

If I issue a staute barred letter and am successful does this mean the debt will be settled on my credit scoring?
Thanks

Is the debt actually appearing on your credit scoring? This isn't my specialist subject, but I believe that most markers drop off after six years, unless there is a CCJ, so as this debt is Statute Barred (and therefore over that 6 years old) there shouldn't be any marker - and there shouldn't be on on YOUR credit reference anyway, as it wasn't a joint account?

~Jes

jennabelle42

I got a Equifax Credit Rating 11/06/2009 and it was on that.

Company is detailed as O2 not the debt agency tho - Is that correct?

States:
Current Balance £432.0
Default balance £915
Start Date 27/09/2003
Date last Delinguent 09/2004
Date Updated 07/07/2004

I am also in Scotland so think Statute Barred is only 5 years but think still stays on rating for 6years?
Any Advice?

jennabelle42

Sorry forgot to say - "my credit rating" was typo error - meant to say his credit rating!
Thanks