Mackenzie have responded!! - Bad News?

DarkConvict

The DCA is just chancing it, they will damn well know the default date doesn't mean anything and won't affect the SB date. As such they have failed to prove the debt is not statute barred, the onus is still on them to get a date of when you last paid towards it.

As to the SAR (proving it is SB yourself), All you need to do is send Lloyds the SAR then, asking for any details they hold on you. This will include the statement of this debt.

Sadly complaining is a long and slow procedure, so if you can get them to admit its SB, it will be quicker. But feel free to complain at this point if you wish, as stating the SB is affected by a default is incorrect and misleading so does breach OFT guidelines. Plenty of DCAs have been investigated for similar dodgy tactics.

needuradvice

thanks darkconvict.

if i made a complaint to the OFT and its successful, can i claim compensation off them for harassment?

DarkConvict

I forum member has PMed me previously, they were successful in their complaint over "exerting undue pressure" and they were awarded ~£100. This was awarded by the FOS.

In serious cases it is possible, but i would say it is an uncommon thing, as DCAs do this alot i have not heard of many successfully stories.

nandj_2

Just Send a simple reply...

Dear Cretins,
Thank you for your lying letter.
Unlike the bunch of monkeys that you obviously employ, I know that a staute barred date is from the date of either a payment or last written acknowledgement of the debt (Please take note that a statute barred letter does not imply that I have acknowledged any debt whatsoever and my position remians the same with this one).
Therefore, please supply true and complete evidence of the last date of payment or written acknowledgment.
Loads of love
You.

needuradvice

Nandj - thats a funny letter in these depressing times, but oh god what am i gonna do, as they have sent another threatening letter today :-

NOTICE OF INTENDED ACTION

Dear xxxxxxxxxx

We are under instructions by our client to recover the outstanding balance of this overdue account. The letter fulfils our legal requirement to inform you of our client's intended action, even if you do not acknowledge this.

It is now imperative that you contact this office within 48 hours to settle this account. By doing so, you are showing an interest to resolve this matter and we will endevour to come to an arrangement with you.
_________________________________________________

Should you decide to ignore this advice, our client will not hesitate to instruct the appropriate action be taken to recover the outstanding balance in full. Disregarding this letter will not make this problem go away.

Please call the Action Prevention Team at Mackenzie Hall today on 01563 554799, to prevent further proceedings commencing.

What if they come down after 48hrs? what shall i do now guys? Shall i contact them? I'm still waiting for National Debtline's SAR papers.

deepintrouble

DO NOT CONTACT THEM UNDER ANY CIRCUMSTANCES. All they are trying to do is to get you to acknowledge the debt in one way or another. Look at DarkConvict's advice, he/she knows best.

needuradvice

thanks deepintrouble. I spoke to National Debtline once again today after seeing ur advice and they said the same. I'm sorry if sometimes it feels like i'm going go against anyone's advice, but its just that I can't think straight with these morons.

Anyway NDL adviced me that a SAR form is on its way and that it will not mean that i'm acknowledging the debt. Although if i'm worried, they said just to put clearly on the letter "THIS LETTER IS NOT AN ACKNOWLEDGEMENT OF DEBT" or something similar to that...can anyone help with this?

They also adviced that I should immediately write to FOS and clearly explain what the problem is. Please let me know if i need to change/add anything. Here are the screenshots to my complaint form:-

magpiecottage

That looks okay to me.

The only thing I might emphasise to FOS is that you complained by letter on 15 February and they responded the next day so you believe they have ignored your complaint and simply sent a standard letter.

In theory, the adjudicator should work that out but it will help to focus their attention.

DarkConvict

To try and put your mind at rest i have knocked up a letter for you. I am not great at writing letter so do reread and make changes where you think are required, and if possible get it checked over by others. I'm only 22 and started on this forum in September with 0 knowledge or experience. There is some copy and paste from others letters, as such i have not read the limitation act or justice act. Although others like fermi may have.

With regards to there previous letter, its an empty threat to make you call, i can ensure you they are very good at bullying on the phone, I've never been on the receiving end but many people on these forums have been in tears.

Your Address
Your Address
Your Address
Your Address
Your Address

Their Address
Their Address
Their Address
Their Address
Their Address

Ref: Account Number xxxxxxx

Dear Sir/Madam,

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

You have contacted me regarding the account with the above reference number, which you claim is owed by myself, on which you have sent multiple requests for payment.

I have already pointed out that under the Limitation Act 1980 Section 5, this alleged debt is statute barred, yet you continue to send demands for payment. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to Section 40 (1) of the Administration of Justice Act 1970". I have therefore submitted complaints to the relevant governing bodies to inform them of these breaches.

For your reference i have included the relevant section of the OFT Debt Collection Guidance.

Statute barred debt
2.13 This guidance applies to the pursuit of debt regardless of its age. We will be
carrying out further work on this aspect of debt recovery including analysis of
relevant legislation and practice throughout the UK.
2.14 In the past we have dealt with a number of statute barred debt cases governed by
the Limitation Act 1980, which applies to England and Wales. Based on that
experience our position with regard to England and Wales remains:
a. we accept legally the debt exists
b. it is the methods by which the debt is collected that can be
unfair as follows:
• it is unfair to pursue the debt if the debtor has heard nothing from
the creditor during the relevant limitation period
• if a creditor has been in regular contact with a debtor before the debt
is statute barred, then we do not consider it unfair to continue to
attempt to recover the debt
• it is unfair to mislead debtors as to their rights and obligations, for
example, falsely stating or implying that the debt is still legally
recoverable and relying on consumers not knowing the relevant legal
provisions, and
• continuing to press for payment after a debtor has stated that they
will not be paying a debt because it is statute barred could amount to
harassment contrary to section 40 (1) of the Administration of
Justice Act 1970.

I have also brought to the attention of the governing bodies your failure to adhere to these rules, particularly to "it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions".

This is on the grounds of your previous letter, (copy of letter attached) where you have stated the debt is not statute barred because of the date of the default. I would like to remind you that the Limitation Act 1980 Section 5 states that payment or written contact is required within six years for the debt to be enforceable. As the default was placed by the alleged creditor not by myself, the date is irrelevant with regards to the Limitation Act 1980.

Furthermore, the date of the default is chosen by the creditor, and whilst under OFT guidance should be placed within 6 months of the default occurring on grounds of fair business practices, it is possible and regularly occurs that defaults can be placed well past the date of 6 months since last payment.
It was therefore in my due opinion that you have attempted to mislead myself into the belief that this alleged debt is not statute barred. In the event that you were mistaken and provided this incorrect information in goodfaith that a default affects the Limitation Act 1980, this calls into effect whether you are suitable to hold a license to practice debt collection if your procedures and practices are in conflict with the law, especially as you handle many cases of debt collection it worries me that you maybe or have already presented misleading information to members of the public.

Due to your carelessness in this area I feel I should further inform you of Limitation Act 1980 stating "a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment." This means once a period of 6 years has passed, the debt is considered to be statued barred permanently, and will never become enforceable in court in the future by any payment or written acknowledgement.

It is therefore on these grounds that complaints have already been submitted to the governing bodies since you were previously informed the alleged debt was statute barred, yet still continued to send demands for payment and misleading information. A copy of this letter and your subsequent reply will be forward in due course as additional information that is relevant to the complaint.

If you are unable to present proof of my liability to this alleged debt, then any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully

Digitally sign

magpiecottage

It is good of you to do that, Dark Convict, but I doubt MH will take any notice. On the other hand, if needuradvice sends his form off, then the Financial Ombudsman Service will tell MH the same thing, if necessary force them to do it and probably charge them £500 for the privilege of telling them!

I do not condone using the prospect of an Ombudsman Fee in order to blackmail businesses but it might focus their attention to find what they thought would be easy money ended up costing them!