MacKenzie Hall, Appointing a Debt To Provident Personal Credit

DarkConvict

I'm not the most knowledgeable on this, but i would assume, Just use the template to prepare a statute barred on it.
Do not acknowledge this debt in writing or pay anything towards it, otherwise the debt is then valid for collection.

It will then be onto them to prove, that the debt is less than 6 years old.


If you do not get a reply from someone else to confirm, start your own thread as i believe your issue is different to the original posters.

oscar007

great, thanks. i'll sort the statute barred letter out and see what happens. if I seem to still have a problem, I will start my own thread.

Thanks again.

fatbelly

DarkConvict wrote: »

Alot of debt collectors are bad, and they by bad debts at dirt rate in the hope someone falls for one of there tricks. As if you pay even 1 pence, or write to them to say you had this debt. Then the 6 year clock starts again and he has to pay the debt.

This is a common misconception, not discouraged by the debt collection industry.

The Limitation Act 1980 is quite clear about this (though it is a bit buried in the Act):

29(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

So once there has been a six-year period without acknowledgement the debt is, and remains, statute barred

oscar007

Also, if i send the statute barred letter is this not accepting he owes the debt??

thefoolonthehill

Is the provident collecter not breaking the Data protection law by talking to you regarding a debt that is not in your name?

DarkConvict

fatbelly wrote: »

The Limitation Act 1980 is quite clear about this (though it is a bit buried in the Act):

29(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

So once there has been a six-year period without acknowledgement the debt is, and remains, statute barred

Correct me if i am wrong, but does that not state the that debt must be statue barred first, so you have to tell someone first, or is it just automatic?

thefoolonthehill raises a good point on the DPA, i remember when a DCA contacted us chasing debts because they were given a number that should no longer have been on record nevertheless given out.

oscar007, i should advise you fire off a statue barred letter based on what i have read here.

oscar007

Hi,

i contacted the national debtline today (0808 808 4000) who I must say were really helpful. I explained the situation as I have above and the lady there said it will be statute barred but it is not illegal for companies to buy the debt and try collecting it themselves. So obviously this company has sold it to Mackenzie Hall, they've been unsuccessful collecting it so have now sold it to Provident. Debtline said they probably bought it for a £1!

My partner hasn't applied for his credit file yet but debtline said it should not reappear on his credit file just because another company is pursuing it. It may appear on it though if he decides to pay this off.

Her advice to me was to either send the statute barred letter or simply ignore it if it is not on his credit file and they should then not pursue this further and it will not appear on his credit report.

And yes the Provident agent was breaking the Data Protection Act by disclosing these details to me with it not being my debt.

Wol2

oscar007 wrote: »

Also, if i send the statute barred letter is this not accepting he owes the debt??

Hi Oscar....

No it's not, if you state in the opening sentence "I do not acknowledge any debt with your company" (said company being the DCA)

A statute barred letter should stop any future hassle/pursuit (which otherwise will continue, alebti periodically, if you just ignore it).


xxx

MrsTinks

DarkConvict wrote: »

Alot of debt collectors are bad, and they by bad debts at dirt rate in the hope someone falls for one of there tricks. As if you pay even 1 pence, or write to them to say you had this debt. Then the 6 year clock starts again and he has to pay the debt.

Send the statue barred letter and await a response, if you even get one.

Wrong - once a debt is statute barred no payment will restart the clock - only time the clock will restart is if a payment is made BEFORE the statute barred time limit. Once statute barred always statute barred thankfully. This however doesn't mean they'll stop chasing...

The only way to get round statute of limitations is with a CCJ and it has to be taken out before the 6 tear mark and renewed I think every 6 years - unlikely for a debt of this size

fermi

MrsTine wrote: »

Wrong - once a debt is statute barred no payment will restart the clock - only time the clock will restart is if a payment is made BEFORE the statute barred time limit. Once statute barred always statute barred thankfully.

Yep.

The Limitations Act 1980 specifically states that:

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.