Problem with an old debt

nabbz

In the post today my wife received a letter from a debt collection agency called Mackenzie Hall who are working on behalf of Aktiv Kapital, who appear to have bought a debt off GE Capital Global Consumer Finance Ltd. This letter is demanding money in the next seven days.

However this relates to a debt that was originally in 1998, and was fully paid off in about 2000. This is the first she has heard about this since it was paid off about 8 years ago.

what on earth do we do? where do we start? they want over £400.

any help would be very much appreciated.

rozi_b

the template letters on this site could be useful. I believe there's one for 'do not acknolwedge the account'.

nabbz

thanks for the prompt reply. This might be a very stupid question but whereabouts on the site are the template letters?

Tixy

Sounds very much like this may be statute barred - see here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act and if based on this info you think it is statute barred send the letter at the bottom of the link.

DVardysShadow

Tixy wrote: »

Sounds very much like this may be statute barred - see here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act and if based on this info you think it is statute barred send the letter at the bottom of the link.

Looking at the link, the OFT says:

it is unfair to mislead you by saying the debt is still legally recoverable when it isn't;

So, I think I would send the 'prove it' letter and ask too whether it is legally recoverable.

magpiecottage

Take a look at this thread - Mackenzie Hall have "form". I suspect they will only stop if they find it hitting their bottom line so I have put a template letter there.

nabbz

A big thanks to everyone, there's a lot of info for me to digest. Can I just get it straight in my head before I go like a bull in a china shoP

The first stage is to send the statute barred letter? Even though the debt has been paid off?

If we hear nothing or they carry on sending letters then we send the complaint letter?

is that correct?

MrsTinks

Pretty much - you can actually go 2 routes - either statute barred OR "prove it" - the reason statute barred is often preferred is that it's easier... there is no debating if the debt is yours or not, (and besides you state you do not acknowledge it ) but there is NO way unless they have already obtained a CCJ that the debt will be unbarred.
Once statute barred always statute barred
If it makes you feel any better I had exactly this problem with a difference DCA I had a loan that I KNOW was paid off (with a consolidation loan with the same bank in my case LOL) and yet some 6+ years later I had a DCA contacting me (HOW they tracked me I have no idea - I'd moved house about 4 times since... unusual name tho...) trying to make me believe that I owed money from this loan. Now - being me I called them (from a disposable PAYG sim... ) and had some fun with them Not to be recommended for most people I have to say - you really have to know your stuff to make sure you don't let them tie you in knots...
But suffice to say that I never hard back from them neither in writing nor any other means

larkthedebtbuster

Hi,

I received some letters from. I simply asked them the following questions.

1. Can they provide me with a statement of account and signed agreement
2. When was the debt incurred.

In response they said

1. No
2. 2001,2002 or 2003

to which my reply was

I am not aware of any such money and as you are unable to prove it there is no legal basis for your demands. Also the debts are statue barred (limitations act 1980) and if they continue to harrass me I will report them under section 40 (1) of the justice administration act.

larkthedebtbuster

From:]
Sent: 29 January 2010 16:48
To:
Subject: Various Debts
Importance: High

Your Reference: X
Client Reference: X
Amount Outstanding: £x

Your Reference: X
Client Reference: X
Amount Outstanding: £x

Your Reference: X
Client Reference: X
Amount Outstanding: £x

Dear Mr Mackenzie,

I write in respect of all the accounts listed above.

I have today spoken with “Lee” and “Nicola” and requested information on each of the above debts. As I am unaware of owing any such money I sought justification for your request for payment. In that conversation they have confirmed to me that in each instance they are unable to provide any statement of account or agreement and by doing so have further confirmed to me that MacKenzie Hall Limited are unable to substantiate the debt and as such there is no legal basis in which you can pursue me.

In addition both your employees confirmed to me that the above debts were incurred in 2001, 2002 and 2003. As I am not aware of these debts and do not accept liability I now wish to draw your attention to the The Limitation Act 1980.

As the above debts are now statue barred you must cease contacting me, if you fail to adhere to my request then MacKenzie Hall will be in violation of the following section 40 (1) of the Administration of Justice Act 1970.

In researching your company I noted that there are two unsatisfied county court judgments recorded, I must say I find it ironic that you have made a business buying old debt when your company struggles to pay its own obligations.

Yours sincerely

Lark The Debt Buster

larkthedebtbuster

Dont admit it and tell them as the debt is over six years old it is statue barred (The Limitation Act 1980) also they should stop harrassing you or you will report them in accordance with section 40 (1) of the Administration of Justice Act 1970