Mackenzie have responded!! - Bad News?

needuradvice

hi again guys,

After your advice, I have just spoken to National Debtline. They have said that since MH have agreed to close my a/c and pass the debt back to 1st Credit, then they believe this is a very successful outcome for me.

But now what NDL recommend is that I write back to 1st Credit and "in my own words" ask them why they ignored my SB letter and forwarded the debt to MH and also to tell them that I demand a reply ASAP regarding proving my Statute Barred status etc etc.

The reason they say that i should write is because there is a good chance 1st credit will then pass it to a 3rd party, so i should try to stop them before they do this.

What sort of a letter should i write and is this pushing my luck too far?

thanks again

needuradvice

hi guys...

maybe my previous post has been overlooked, but i would be most grateful if you could advice me pls?

thank you very much

GeorgeUK

I think they are quite right - how can you be pushing your luck?
The debt is statute barred.
You want to force them into the position that if they fail to agree that the debt is SB, then they need to defend their position.

You have told them that the debt is SB and that you will not be making payment. You also told them to stop processing your data by issuing the section 10 notice. They are still processing your data so they need to quantify why they are doing this.

DarkConvict

Well it is statute barred, so you can't get a worse offer

But if you want to bring it to a close i would just accept it, its been a long ride for you.

needuradvice

@ George - So since there is no template of a letter that i can use, any ideas what i should write? Have a look at the example I have posted below and please could you tell me what I could right without landing myself in hot water.

@ Darkconvict - Yes, but the problem is that MH have not actually admitted this and are simply putting an offer that they will no longer pursue the debt. This means that it can go back to 1st Credit, who can then sell the debt to another company, which will mean that i will receive letters from a different 3rd party, making it harder to finish this debt once and for all. Maybe you could also help me mate with this letter.

Dear xxx,
I write to you once again regarding not receiving a response after I sent a SB letter over 8 weeks ago. Instead you broke the law, by passing on my details to MH and since even MH have now agreed to close my file, it shows that I am correct that the debt is SB. I am willing to close this matter if you write-off this debt or prove to me that the debt is not SB, otherwise, I will be making a formal complaint to the FOS and OFT regarding your debt collection practice.

You have 14 days from the date of this letter which I send to you via recorded delivery.

Thanks guys.

GeorgeUK

How about this?

It is with regret that I find myself writing to you again regarding the above statute barred debt. I have previously sent you a letter stating that the debt is statute barred under the Limitation Act 1980 but you have not replied or countered this. You also actioned Mackenzie Hall to collect this debt on your behalf. I can confirm that this account will be passed back to you in a matter of days.

You will also note in my previous letter that it included a section 10 notice under the Data Protection Act which requested you stop processing my data as you have no reason to retain this. As you have failed to do this I have no choice but to report you to the Information Commissioners Office and the Financial Ombudsman Service unless this matter is settled to my satisfaction within the next 14 days.

I require that you provide confirmation that the debt is statute barred and that my data will be removed from your systems. If you feel that the debt is not statute barred, then I require documentary proof of this. If you fail to do this or continue pursuing me for this unenforceable debt I will report you to the regulatory bodies without hesitation.

I look forward to your response.

needuradvice

thank you very much george...couple of things:-

1. should i attach a copy of the SB letter i sent to previously to 1st Credit?

2. should i mention in the letter that MH could not prove that the debt was SB and have decided to pass the a/c back to them?

3. Lastly what about mentioning that if they dare pass this debt to another 3rd party, then i will be sueing them or something like that?

GeorgeUK

1. They will already have this on file (you sent this recorded delivery didn't you?) I wouldn't bother.

2. It already mentions that the account will be getting passed back to them. MH should explain to them what has been happening.
3. Any compensation will probably be looked at by either FOS or ICO. Unless you can prove that this has had a financial impact on you i doubt either they or a court would do anything. Probably not worth putting anything in there but if you need to write to the ICO or other regulator then ask them to consider it.

needuradvice

thank you very much george.

Umm actually what about all that stuff, such as I DO NOT ACKNOWLEDGE THIS DEBT?? Do i add that in too?

FYI, i won't be posting this letter just yet as i'm first going to have to accept MH's offer by signing the letter and sending it back to the FOS - This acceptance of offer letter i will post by end of april.

I'm going to deliberately send your recommended letter in late as the SB date on my credit file shows that the debt was settled on 24/05/2004 (this is most likely the date that 1st credit bought the debt off lloyds!), so i don't want any excuses for these idiots to come back and say that its not SB due to this date.

GeorgeUK

It's not necessary as the debt is SB, but it can't hurt to put it in, so why not.

I was going to suggest sending both letters at the same time so that you are the one to notify 1stC that the debt is coming back to them. Up to you though.

If the debt is statute barred, that date on your credit report won't make any difference.

Have you had a look at a recent copy of a credit report? Just wondered if the account was still listed there or perhaps you could phone up experian or equifac (whoever you got that copy of you credit file from) and ask them what the default date shown is.