McKenzie Hall

bottleofred

Hi,

I'm new to the forum and wanted some advice. I got into loads of debt in 2001/2002. In 2008, I was contacted by a debt collection agency regarding an old debt. They offered a settlement that I could pay monthly. After paying for 8-10 months, I asked for a statement. Nothing arrived and I then cancelled the direct debit. Mckenzie hall have been trying to contact me for some time via letters, texts and now leaving messages at my home (no idea how they got my home number). I live in Northern Ireland. Has anyone any ideas how to deal with this. A quick response/responses would be greatly appreciated.

Tixy

Hi

What was the debt for originally? how much was it for? do you know how much you paid? Was this originally a different DCA not MH?

Do you know when you last paid the original creditor and the date you first paid the original - crucially was there a 6year space between the 2.

Aside from that the first response would be to send the prove it letter -to ask them to prove you owe the money - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

DarkConvict

NI Support

advice4debtNI: This new government funded service offers free, confidential and independent phone and email advice to anyone in Northern Ireland on dealing with debt. Link: advice4debtNI Tel: 0800 917 4607 Opening times: M-F 9am-5pm.

Do check those date, was there a 6 year gap even if only by a day between your last payment in 2002 and the payment in 2008.

As to the phonecalls - http://forums.moneysavingexpert.com/showthread.html?t=1837507

bottleofred

Hi,

I think there probably was a six year gap between the last payment in 2001/2002 and the initial payments in 2008, but would not be 100% sure. The payments in 2008 were made to Cabot finance and Mckenzie hall have now been trying to contact me for about 11 months. The initial amount I was quoted as a settlement figure is lower than what Mckenzie hall are looking for. I'm not sure the statute rule applies to Northern Ireland though regarding the 6 year gap. Thanks for all your initial help though and more would be appreciated

RAS

Hi

If there was ever a gap of 6 years (5 years in Scotland) when you did not pay anything, or acknowledge the debt in writing, then this debt is statute barred, unless they already have a county court judegement against you.

Before you do anything else, check your credit record. If this debt is not showing on any of them, it is over 6 years old. You can check the regsitry trust to find out about CCJs.

RAS

read this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Tixy

The statute barred act is very similar in NI to england & wales, its 6years but you do need to refer to a slightly different act if you send a letter to say it is SB.

I'll see if I can find it out....

Tixy

In NI its
The Limitation (Northern Ireland) Order 1989

bottleofred

Hi,

Thanks for all the replies and advice etc. If anyone has additional advice/info, please pass it on.

Thanks again

Bottle or 2 of Red!

nottoolate

letter for NI

http://www.advice4debtni.com/content/files/20/Statute%20Barred%20template%20letter.doc

Tixy

If you wanted to check for certain there was a 6year gap (and cannot do it by checking bank statements etc) then you could possibly send the prove it letter and if MH come back to you with proof then ask for a schedule of all transactions, that will show whether there was a 6year gap or not.

Don't ask for the transactions straight away though as they may not be able to prove you owe the debt in which case the rest is irrelevant.