Mackenzie Hall / CCJ

rog2

hutcheroo wrote: »

Thanks all, Just to clarify I last made a payment towards the debt in January 2003 so you are bang on - right at the end of the 6 years!

Again many thanks!

Then you should look at the following link:

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

Mackenzie Hall are well known for 'trawling' the credit reference agencies looking for 'debts' which are approaching the end of their limitation period. In your case it is just over one month until the 'Limitation Period' has expired and, unless you acknowledge this 'alleged debt' in writing, or make any payment towards it, before January 09, then the 'debt' will become Statute Barred' and can no loner be enforced through the Courts.

annieadvisor

totally agree with everything rog2 says on this thread.

I am a specialist debt advisor (for past 16 years) and the debt is statute barred 6 years from the date the whole debt became payable - either a default notice served or a missed payment.

If a creditor obtains a CCJ there is no limit to the liability for this but I would advise people to write a without prejudice letter to the company and suggest they are statute barred. It would be interesting to see if MH could come up with a reasonable argument why they did not seek enforcement of the CCJ for so long. Face it - they are so thick they buy debts which are probably out of time and not recoverable so they have to come the heavy to scare people into paying.

Get advice in person as each case (as displayed on this thread) is different and do not rely on the well meaning advice of unqualified people. I'm sorry if that sounded arrogant but so many people actually follow the wrong advice and end up worse off. Advisors then find it hard to undo the damage.

Keep up the good work against ratbag collection agencies - i loathe them - not all of them - most of them

Steveb4278

Hi

Been reading your site with intrest, only found the site yesterday (wish i knew about a year ago)

Anyway i have a debt with mac hall, which i have been paying for nearly 2 years, now its down to 400 pound so stupidly i phoned them up and asked for a settlement figure, they said it would be 300 pounds. I declined it, but now they are saying as i missed a payment back in Jan they want full and final settlement immediatly (well 5 days). And are threating all kinds of stuff, any advice grately recievied

Steve

I_know_my_ABC_and_my_CMYK

annieadvisor wrote: »

totally agree with everything rog2 says on this thread.

I am a specialist debt advisor (for past 16 years) and the debt is statute barred 6 years from the date the whole debt became payable - either a default notice served or a missed payment.

If a creditor obtains a CCJ there is no limit to the liability for this but I would advise people to write a without prejudice letter to the company and suggest they are statute barred. It would be interesting to see if MH could come up with a reasonable argument why they did not seek enforcement of the CCJ for so long. Face it - they are so thick they buy debts which are probably out of time and not recoverable so they have to come the heavy to scare people into paying.

Get advice in person as each case (as displayed on this thread) is different and do not rely on the well meaning advice of unqualified people. I'm sorry if that sounded arrogant but so many people actually follow the wrong advice and end up worse off. Advisors then find it hard to undo the damage.

Keep up the good work against ratbag collection agencies - i loathe them - not all of them - most of them

Good to have someone in the know posting on here, Rog2 has always given excellent advice as well. I have a question. Recently there was a Panorama programm called Cant pay wont pay. In this programm they stated that because the Rankins did not reclaim the money paid to their debts they now have 100k of debt in court costs for trying to get the debt written off this way, the original debt amounted to approx 100k. They had CCA'd all companies and most could not produce the credit agreement. So, if the creditor cannot provide the CCA can any money paid to the debt be reclaimed or not as I thought you couldn't reclaim it but this programm may have confused the issue here.

Thaks in advance.

I_know_my_ABC_and_my_CMYK

tarchin wrote: »

Well? Why has this been unanswered? Other later posts rely on National Debtline's standad advice, which is contrary to any interpretation I can make of the quoted Act. May someone PLEASE enlighten me?

I think you will find that T Roll is or was a debt collector so you will always get biased info from him.

ragz_2

Got a phonecall from J2Solutions (MH basically) the other day for thy OH saying they wanted his brother. I looked them up on here and found out who they were so ignored it. Today a letter came from MH saying he owes Barclays over £2K, which, unfortunately is true. I know they like to buy old debt but my OH is unsure when the last contact he had with them was and we don't want to write to them in case the 6 years is not up. Is there any way we can find out?
I know he's an idiot for getting into so much debt, he was in his early 20s and a drug addict so didn't have much sense. I have had enough of paying off his old debt, we have 2 kids together and cannot afford to keep paying off these debts from his past, I am incredibly angry with him for doing it in the first place but if there is any way we can get out of paying then I need to find it asap! They have only given us 3 days to pay the amount!

l4dd13

Has anyone received letters regarding money they owe to mobile network 3 via MH?

My girlfriend initially phoned MH where she was rudely spoken to and hungup on when she mentioned getting solicitor involved.
Her mother then phones up. She is also spoken to like crap.

They both used well... bully tactics. Neither of them would tell then what the bill was for.

A 3rd call was made by my girlfriends step dad who found that the bill was for airtime. Heres the wierd part.... The airtime was from the date the contract ended to the receiving of the final bill. Now is it me or is that just downright wierd?
I've had 3 contracts, 2 of which have ended, one on o2 and the other on vodafone. On both occasions I when the set date of the contract arrives, i cannot access my phone at all. My vodafone contract ended last month, I turned it on on the day after the contract ended and I couldn't even get on to check my numbers because it wouldnt do anything but say 'Please insert simcard'. Are other networks like this?

Oh yeah, the 3rd call also informed us that they had both spoken to the 'manager'.

Has anyone else received these downright ridiculous and stupid bills?

I would just like to know what the hell is going on. None of the dates add up and neither do the numbers, nothing makes sense. The whole situation makes no sense at all.

If anyone is in the same boat as my girlfriend please either reply to this thread or email me at l4dd13@hotmail.co.uk.


Thanks for reading my post. I look forward to your replys.
Michael.

rog2

l4dd13 wrote: »

Has anyone received letters regarding money they owe to mobile network 3 via MH?

My girlfriend initially phoned MH where she was rudely spoken to and hungup on when she mentioned getting solicitor involved.
Her mother then phones up. She is also spoken to like crap.

Hi, Michael - there has been a bit of a spate of these 'demands', concerning 3mobile accounts, over the last few months - there is a thread on the DFW board - http://forums.moneysavingexpert.com/showthread.html?t=1111469

The first thing to tell your girlfriend is NOT to phone the vultures at MH under any circumstances. They have, most likely, 'purchased' a parcel of very dubious 'debts', from 3 mobile, for a few coppers.

In their insatiable greed to make easy money, MacKenzie Hall could not give a monkey's as to the validity of these so-called debts and will try every trick in the book to 'entrap' your girlfriend into admitting the 'debt' and making payments to line the coffers of Mr Paul MacKenzie.

However, MH do have a legal obligation to prove that the alleged debt is, in fact, genuine, so I suggest your girlfriend sends them the National Debtline 'Prove It' letter, that can be found on the followin link: http://forums.moneysavingexpert.com/showpost.html?p=11570893

Send the letter by recorded delivery and PLEASE do not phone them.

rog2

I_know_my_ABC_and_my_CMYK wrote: »

So, if the creditor cannot provide the CCA can any money paid to the debt be reclaimed or not as I thought you couldn't reclaim it but this programm may have confused the issue here.

Whilst the topic of Consumer Credit Agreements might appear to be 'off topic' for this particular thread, it certainly is worth a mention - if only for the reason that a 'cca request' is a particularily good way of dealing with the ilk of Mackenzie Hall.
As the programme, quite correctly, states any 'debtor' is legally entitled, under the terms of the Consumer Credit Act,1974, to request a true copy of the executed consumer credit agreement from any organisation who is chasing that 'debtor' for consumer debt. It does not matter whether the organisation concerned is the original creditor, or a debt collection agency - without being able to provide the alleged debtor with a true copy of the original executed consumer credit agreement, within 12 working days of receipt of the alleged debtor's request, then that organisation can not enforce any alleged agreement without permission from the Courts - Plain and Simple.
Please note - this applies to consumer credit only, and agreements of over £25,000.00 are not regulated by the act.
If a creditor, or dca, is unable to provide the cca, within the legally prescribed timescale, or if the documents provided are not compliant with the requirements of the CCA, then that creditor/dca is 'in default' and, yes, the 'debtor' is entitled to demand that any monies already paid into the account are returned and any defaults are removed from that debtor's credit file.
In practise, however, it is often extremely difficult to get money back from a debt collection agency - after all, it goes against their principles to 'pay out' money - and any debtor who wishes to claim back any monies already paid must be prepared for a long and difficult journey, which will often mean taking that dca/creditor to Court. Some posters, on the DFW board, have, succesfully, had money repaid, but, in the main, most posters are so happy with not having to pay any more that they do not pursue this any further.

For an overview of your rights to request a copy of your credit agreement and how the Consumer Credit Act affects you, have a look at the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

I_know_my_ABC_and_my_CMYK

rog2 wrote: »

Whilst the topic of Consumer Credit Agreements might appear to be 'off topic' for this particular thread, it certainly is worth a mention - if only for the reason that a 'cca request' is a particularily good way of dealing with the ilk of Mackenzie Hall.
As the programme, quite correctly, states any 'debtor' is legally entitled, under the terms of the Consumer Credit Act,1974, to request a true copy of the executed consumer credit agreement from any organisation who is chasing that 'debtor' for consumer debt. It does not matter whether the organisation concerned is the original creditor, or a debt collection agency - without being able to provide the alleged debtor with a true copy of the original executed consumer credit agreement, within 12 working days of receipt of the alleged debtor's request, then that organisation can not enforce any alleged agreement without permission from the Courts - Plain and Simple.
Please note - this applies to consumer credit only, and agreements of over £25,000.00 are not regulated by the act.
If a creditor, or dca, is unable to provide the cca, within the legally prescribed timescale, or if the documents provided are not compliant with the requirements of the CCA, then that creditor/dca is 'in default' and, yes, the 'debtor' is entitled to demand that any monies already paid into the account are returned and any defaults are removed from that debtor's credit file.
In practise, however, it is often extremely difficult to get money back from a debt collection agency - after all, it goes against their principles to 'pay out' money - and any debtor who wishes to claim back any monies already paid must be prepared for a long and difficult journey, which will often mean taking that dca/creditor to Court. Some posters, on the DFW board, have, succesfully, had money repaid, but, in the main, most posters are so happy with not having to pay any more that they do not pursue this any further.

For an overview of your rights to request a copy of your credit agreement and how the Consumer Credit Act affects you, have a look at the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Thanks for this:) Iv'e recently sent all my CCA requests out and up to now out of 8 only 2 have come back as being enforceable and the 12 days has been and gone. Capquest and Moorcroft basically asked me for my defence in court but put the account on hold, as if I would tell them, silly. 4 didn't bother to reply at all.