Mackenzie have responded!! - Bad News?

Britwife

I've been keeping an eye out on your progress. I really hope things get sorted dear. In the end, if the debt if SB, they can't force you to pay it.

We haven't heard anything from MH yet but I'm sure we haven't seen the last of them.

needuradvice

thanks britwife. Please correct me if i'm wrong, but i'm sure someone mentioned that even if the debt is not SB until jun 2010 as MH say, they won't be able to obtain a CCJ suddenly...am i right?

DarkConvict

I've been beaten to it. Utter nonsense, the law is very clear. Present your defence with exact points taken from the Limitations act and they cannot enforce the debt.

The 6 year date is ONLY affected by YOUR actions.

If a creditor wishes to secure a debt in absence of the debtors contact, they must get a CCJ at the last known address.

End of question.

thanks britwife. Please correct me if i'm wrong, but i'm sure someone mentioned that even if the debt is not SB until jun 2010 as MH say, they won't be able to obtain a CCJ suddenly...am i right?

Thy must get a CCJ before a complete 6 year gap happened.

If they get a CCJ after, you can set it aside on 2 points,
1) you didnt know about the CCJ so you are submitting a defence
2) debt is over 6 years old, so is barred under limitations act.

This would then overrule any CCJ taken out once 6 years had passed.

To secure a debt, they must get that CCJ before the 6 years has elapsed.

Your still in the clear. The quickest way to clear this up, although fermi may advice otherwise is to get together the relvant sections of law and plainly explain to the FOS they are 'mistaken' (to put it lightly). Law clearly states the debt is barred, and not enforceable.

needuradvice

thanks darkconvict. Even according to MH the debt is not SB until jun 2010, therefore can they now quickly get a CCJ to stop the debt from becoming SB?

DarkConvict

needuradvice wrote: »

thanks darkconvict. Even according to MH the debt is not SB until jun 2010, therefore can they now quickly get a CCJ to stop the debt from becoming SB?

Let them try, if they do try just put forward the statute barred defence showing your last payment/acknowledgement was over 6 years ago. They will fail in court to obtain a CCJ and put an end to his once and for all.

needuradvice

thank u darkconvict...i'm gonna post on the CAG website in a bit...hope u guys will keep an eye on it...i'll post the thread link on here once its done...

cya

fermi

DarkConvict wrote: »

The quickest way to clear this up, although fermi may advice otherwise is to get together the relvant sections of law and plainly explain to the FOS they are 'mistaken' (to put it lightly).

I'm not saying don't try that, but I just suspect it may be a case of head & brick wall. :wall:

This is not the first time that they have shown themselves to be biased.

Who knows though?

needuradvice

i just don't want to get on the wrong side of the FOS adjudicator as i'm hoping that the case outcome will go in my favour.

needuradvice

hi guys...as promised here is the link to my topic on CAG:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255273-hoping-someone-can-help.html

DarkConvict

I see you have some confirming responses already, including FOS state they don't take into account the statute of limitation law