Mackenzie have responded!! - Bad News?

needuradvice

hi guys,

This is an update and i'm fairly upset to say its not looking good and has confused me. The adjudicator who has just been assigned has contacted me after quickly reviewing the case and has given me what sounds like bad news.

The adjudicator said that both myself and mackenzie have got our information wrong:-

1. Mackenzie said that the SB date starts from when the default was placed , i.e jun 2004 and i said that its from either the last payment or written acknowledgement - the adjudicator says that the actual date starts from when the creditors (lloyds) sends out the default notice to me.

2. Also the adjudicator said that it doesn't matter if i haven't contacted them or moved address or even not written to them over 6 years - what matters is if they have tried contacting me and when this last contact was made, which would make it as only a few weeks ago.

3. According to him, if they have kept on trying to contact me, then the statute barred date will keep resetting back to 6yrs and they can keep at it!

4. Lastly he said that he is going to get the documentation from lloyds, 1st credit & mackenzie and this will take a few weeks. He will then give his opinion as to who is right and said it may end up with courts dealing with it.

So after hearing this conversation, my heart sank.

I decided to contact National Debtline to ask them why they gave me the wrong info, but they insisted that the info they gave is correct. In fact they went as far as saying what if the guy who rang me was an imposter? :mad:

What am i gonna do now?

datcat

That is utter codswallop.National Debt line is right and the adjudicator os wrong Get yerself over to http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/ and post a thread.

fermi

needuradvice wrote: »

2. Also the adjudicator said that it doesn't matter if i haven't contacted them or moved address or even not written to them over 6 years - what matters is if they have tried contacting me and when this last contact was made, which would make it as only a few weeks ago.

Utter twaddle.

3. According to him, if they have kept on trying to contact me, then the statute barred date will keep resetting back to 6yrs and they can keep at it!

More twaddle.

I decided to contact National Debtline to ask them why they gave me the wrong info, but they insisted that the info they gave is correct. In fact they went as far as saying what if the guy who rang me was an imposter? :mad:

National Debtline is correct.

This adjudicator does not know his legal arse from his elbow. :mad:

fermi

Never ever ever ever ever ever ever ask the FOS to adjudicate on a point of law.

They:

1) As said, don't know their legal arse from their elbow.
2) Will rule against you 'on principle' rather than properly examining the facts/law.

needuradvice

thank u guys...does it matter if i have moved many addresses to avoid the debt collectors from contacting me?

Also what if this guy was really an imposter? although i did ring this adjudicator back on national debtline's advice and it does go to his answering machine, so most likely he is the real person?

I asked him does he get a lot of cases like mine and he says "not many".

@ fermi - then what do u recommend i do? i was hoping these guys will solve the problem, but this guy is making matters worse and has said that if he can't make a decision he may recommend that one party takes the case to court...I feel like giving up my fight and my depression seems to be kicking i'm going to have to start taking my depression and sleeping pills again. What was the point of all this?

fermi

I don't think he was an imposter.

Simply just either ignorant, or improperly biased.

Moving makes not one jot of difference. A creditor can always issue court papers to your last known address and obtain a CCJ to stop the debt becoming statute barred. If the creditors can't be bothered to do that, then when it becomes barred that is their own stupid fault.

Why not post a thread on CAG as suggested?

They will tell you exactly the same as you have heard here. Hearing the same from a different site/people may reassure you.

needuradvice

thanks fermi, do i need to post the whole 5 pages of thread on CAG forum or am i ok with putting a link to this site instead?

fermi

As for court:

If MH are daft enough to try that, then you defend the action on the basis that the debt is statute barred.

That will then put the onus on them to provide the court with proof that it is not.

fermi

needuradvice wrote: »

thanks fermi, do i need to post the whole 5 pages of thread on CAG forum or am i ok with putting a link to this site instead?

I would start fresh with a summary of what has happened and what you have been told.

That way you will get advice not based on whatever has already been given here.

If needed later on, you can always refer back to this thread.

needuradvice

thanks fermi...i'll post on there too...my mind feels like exploding...lets hope there is light at the end of the tunnel.