Mackenzie H*ll, I mean Hall

Britwife

So about a month ago, my husband got a letter form MH asking them to contact them. No other information or anything. So we just ignored it.

Well, he got another titled FAILURE TO RESPOND - NOTICE

They say that they obtained this alternative address as a financial link and this link information was supplied by a credit ref agency.

And I like this part:

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, they will not hesitate to take such further actin as may be appropriate.

We have 2 debts that are not ours and have yet to be proven they are ours. Sometime in the early part of last year, my husband got a letter from another company about this same debt. My husband just told them to prove it and send all documents. But something caught his attention as he hung up. He rang back to confirm and the last payment was made Feb or March 2004, 1 year after he left to move to the states. He told her this and that there is no way this is his account, after he settled all debts, no payments were ever made overseas. She told him they would still take legal action and he said that was unfair as I'm disputing the debt because it appears it's not mine. She agreed.

Well, we never heard anything back from them, never got any paperwork., nothing. Until last month from MH. We know this debt is not his. We have checked all 3 credit agencies and there is nothing on them other than a default that is falling off in about 2 weeks and it's not the same one.

What should we do on this? If it were his, it would def be statute barred seeing that we left in 2003 but we know for a fact that we never made any overseas payments. I don't even want to send them a statute barred letter or a prove it letter based on the other MH post and how they are still chasing statute barred debts.

What happens if we ignore it? We just don't know what to do on this one. We're thinking that the other debt collector discoved they couldn't chase it and MH bought it thinking they could?

Thanks guys

The payment deadline is Noon, 23rd March.

DarkConvict

Continue to send the prove it letter.

If they attempt court action they must prove the debt is yours without question, if they do you can go away to file a defence.

Nevertheless, if last payment was March 2004, then the debt becomes statute barred in March 2010 (this month).

You can therefore send the prove it letter, and if they do say its March 2004 send the statute barred letter, your debt or not they can't enforce it then.

Prove it - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

SB - http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

Also, your right what they are doing is not fair and is in breach of OFT guideline for debts in dispute - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Britwife

Thanks DC, We're so nervous about dealing with this company after the last topic. We've never seen this one on his credit report.

So if a debt falls off your credit report, can they put another default on your report since the old one fell off?

Thanks again! Will send the prove it letter....nervously

DarkConvict

Its 1 default per debt, they are not allowed to add a 2nd default (even if the 1st one cant be seen (fallen off)), any default must also be placed within 6 months of the account going into default, you should have received a letter (default notice) before it is placed, and the default placed date is not allowed to be altered.

Just send the prove it letter and wait for a reply.