McKenzie Hall

bottleofred

Hi,

I'm almost certain there was a six year gap between me defaulting on the account and paying Cabot the £50 per month for almost one year (from 2008-2009). Having looked at a credit report from July 2008. there is no mention of the default which means six years had elapsed at that point. It would appear though that I did start paying again after 6 years. Does this mean I've got to pay as by paying I've acknowledged the debt?

fermi

bottleofred wrote: »

It would appear though that I did start paying again after 6 years. Does this mean I've got to pay as by paying I've acknowledged the debt?

No. Once the debt becomes statute barred it remains that way. Even if after the 6 years are up you acknowledge or part pay the debt.

That is set in black an white in the legislation:

http://www.opsi.gov.uk/si/si1989/Uksi_19891339_en_5.htm#mdiv65

A right of action, once barred by this Order, is not revived by any subsequent acknowledgment.

and

A right of action, once barred by this Order, may not be revived by any subsequent payment.

bottleofred

Hi Guys,

I have just found an old credit report and I defaulted in January 2001. Therefore, can you confirm as I did not start paying until 2008 that I can send the statute barred letter to the leeches at Mckenzie Hall?

Thanks for all previous replies and assistance

:j:T

DarkConvict

A default is an action by your creditor, this does not affect the statute barred date.

You need to find the date of your last payment in 2001 and the date you paid to the DCA.

Generally a default is after a last payment, as it indicates you stopped paying, however once a default is placed you could have made another payment in say 2002 and then stopped paying again. You need exact dates of your actions!

fermi

If you think there is a 6 year period, then you can send:

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

Dear Sir/Madam

Account No: xxxxxxxxxxxxx

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

(add dates if you have them)

Consequently this debt is, and remains, statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

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 await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

I look forward to your reply.

Yours faithfully

bottleofred

Hi,

There were absolutely no payments made after the default until 2008. Therefore, a period of 7 years had elapsed and from what you guys have said, this means the debt is statute barred. I've no idea when the last payment would have been other than before the default date of 2000/2001 ( I had 2 accounts with same company). I've no idea how I would get exact dates of when I stopped paying in 2000/2001 until I made some payments in 2008/2009.

DarkConvict

If your confident that is the case, then send Fermi's letter, it is then upto them to prove that there was not a 6 year gap in payments.

bottleofred

Hi,

What is the best course of action if a payment has been made within the 6 years? I'm pretty sure there has not been, but would want to know the best course of action in the event there was.

Tixy

If there hasn't been a 6year gap then you still owe the money and they can still pursue you for it (and even take you to court).

So you would need to make provision to pay it - or you may be able to negotiate a reduced full & final settlement.

Just as an aside - you need the NI letter (as nottoolate posted) but then add in an equivalent para to the one in red in Fermi's letter (you may have already realised this).

bottleofred

Hi Guys,

McKenzie Hall are now contacting me over another account. I sent the first prove it letter about 2 weeks ago and the 2nd 1 week ago. How soon am I likely to hear from them?