Mackenzie have responded!! - Bad News?

needuradvice

hi guys,

i'm feeling awful today as mackenzie have responded to my statute barred/complaint letter and this is what they wrote:-

FINAL RESPONSE

Further to your letter, dated 15/02/2010 the contents of which we have noted.

I can confirm the Mackenzie Hall has fully completed our internal investigation and I am in a position to further clarify the following:

Upon investigation it has become clear to me that your account is not statute barred and therefore not protected under the limitations act 1980. I am basing this on your default date being the 01/06/2004 and therefore not statute barred until 01/06/2010 at the earliest.

In light of this I can confirm that we shall not be closing your account and we also see no reason to cease processing your personal data.

I would urge you to contact our offices and discuss repayment of this balance at your earliest convenience.

Then a paragraph mentioning that if i'm not happy that i can contact the ombudsman with six months from the date of this letter....

I contacted National Debtline and they advised me that mackenzie are telling porkies as they are supposed to state the date of statute barred from the last payment and not the default date....therefore making it statute barred....can anyone one confirm this ASAP PLS????

Also they are sending me a Subject Data Access Request Form so that i can see myself what date i made the last payment as well as my T&C. One thing that got me worried was that NDL were mentioning that they could still pursue me if the T&C state something to do with the date of default, but i could not understand what he was on about.

PLS PLS HELP ME! I GOING CRAZY HERE.

Here is the old topic:-

http://forums.moneysavingexpert.com/showthread.html?t=2259891&highlight=

pepe2008

Yes, its from the last time YOU acknowledged Liability ( by admitting the debt or by making a Payment). Of course MH lie, they are a Ddebt Collection Agency.

needuradvice

thanks pepe2008,

In ur opinion, from the letter above, does it sound like mackenzie playing games?

Also what do people on here recommend i do?

RAS

The default date is irrelevant; what counts is the last payment or written acknowledgment.

The default date should be 3-6months after the last payment.

pepe2008

What they want you to do is contained within their Letter.

'please contact this Office to discuss repayment'....DONT!

This sounds like a last-gasp attempt to worry you into ringing them....one word out of place and they've got you for 'admission' .

Make a Complaint to the OFT on the grounds that they are continuing to chase a statute barred debt.....and that they are sending you misleading and untruthful letters in an attempt to force you to pay.

Take a look at
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

and see what is regarded as being unfair.

leanne82duke

these people will try anything x

it is the date of last payment or acknowledgment, stand your ground x

needuradvice

Thanks so much guys for your help and advice.

Now National Debtline are sending me a "Subject Data Access Request" Form. Am i safe to send this form to Mackenzie or shall i go straight for the ombudsman complaint?

pepe2008

I would be tempted to send the Form to them as well. If you are right about your dates then it may be enough to shut them up.

needuradvice

this Subject Data Access Request Form....its not an acknowledgement of debt is it?

leanne82duke

have you had a look at this thread?
http://forums.moneysavingexpert.com/showthread.html?t=2060575

it shows a lot of template letters, i am sure there is something on there about putting "without prejudice" at the top of your letter/ SAR request so i would have a quick read through and it might clarify it for you x

needuradvice

thank u for ur reply leanne82duke.

The SAR letters mentioned don't say without prejudice. My question is that will sending one of these SAR requests class me as acknowledging my debt?

My other choice is not to bother with SAR at all and simply complain to ombudsman. The downside of this is that the ombudsman lady said that they take anywhere between 3-9 months to resolve my complaint! My heart is telling me that mackenzie may have something on me, but then my mind is 99% sure they don't!. Therefore by doing a SAR, i get to see what they hold and thats when i can really contact the ombudsman...what do u guys think of that strategy?