Mackenzie Hall / CCJ

Dirkblack

Hello everyone, first time poster so be gentle.

just to say i have just recieved one of those letters from Mackenzie Hall, basically Phishing, it had no details, just said that we have been provided your Address as being a possible residence for our subject, and to contact them immediatley.

I believe this has to do with a Debt from Barclays which is now 15 years old and not even mine, i was contacted by them one day saying i owed them £5000, i told them i had never had a loan from them, and if it was mine to send me a copy of the original loan documentation, around a month later i recieved a letter saying the originak documentation had been lost and it was best if i just paid the money, well you can imagine my reaction to that.

However they persisted until i could no longer get credit, i discovered they had put a CCJ against me, i told them in no uncertain terms that if they did not remove it, i would start legal preceedings against them, it was then removed and i was able to get credit again.

Now for some reason every few years i keep getting harrased about this money, i tell them the same thing every time, it was Cabot last time, i dont really know what else i can do tbh.

I have ignored this letter as clearly the have no proof and are just hoping i will panic.

Any Advice?:):)

Gordon_Hose

If you haven't paid any money towards it or acknowedged it in writing in the last 6 years, send them the Statute Barred letter:

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

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

Dear Sir/Madam

Acc/Ref No xxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

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

We look forward to your reply.

Yours faithfully



Mr A N Other

Dirkblack

Gordon_Hose wrote: »

If you haven't paid any money towards it or acknowedged it in writing in the last 6 years, send them the Statute Barred letter:

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

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

Dear Sir/Madam

Acc/Ref No xxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

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

We look forward to your reply.

Yours faithfully



Mr A N Other

Thank you very much for the prompt reply, i have sent for my experian credit report just in case the CCJ has been re-issued, if that is in fact even possible, i know it was removed as i was able to rent a cottage and get a credit card, with my now wife.

I just wish this would all end.:(:(

Gordon_Hose

If they have no paperwork I doubt they could even get a CCJ. They could default you, that's about it.

Dirkblack

Gordon_Hose wrote: »

If they have no paperwork I doubt they could even get a CCJ. They could default you, that's about it.

So to sound dim but what does that mean?:rotfl::rotfl:

Gordon_Hose

If they have no paperwork to prove the debt is yours, I doubt they would get a CCJ. So the worst they can do is default the account so that it makes getting credit harder.

Dirkblack

Gordon_Hose wrote: »

If they have no paperwork to prove the debt is yours, I doubt they would get a CCJ. So the worst they can do is default the account so that it makes getting credit harder.

Ah ok, Thank you very much Gordon, i will hold tight then until i get my Experian report.

I am not to worried about it now tbh, after reading past comments they seem to be all bark and no bite.

Out of interest, my wife just spoke to me, and she remembered the excuse Barclays made about the original loan document:

They said, they no longer had it because periodically they deleted loan details to make room on the system. Now that to me sound rubbish, but i dont know maybe it's common practice.

Thank you again Gordon.:D:D

Gordon_Hose

They should actually have a signed paper copy of the agreement in their archives. as the debt is 15 years old, chances are it's been lost or destroyed.

hillbagger

Hi all,

I discovered you guys while trying to find out who Mackenzie Hall are - as they recently sent a letter to my wife. I'm chasing this up on her behalf - she is newly pregnant and doesn't need the stress that we are expecting this might become.

The letter received was addressed to my wife in her previous married name - which she hasn't used for ten years. The main point of the letter is that they are "attempting to contact the above named person" - my wife - "regarding a personal matter". From Google enquiries it is apparent that Mackenzie Hall is some kind of debt chasing business.

My wife is unaware of any outstanding debts from her previous marriage. Having said that, my wife left the relationship swiftly, and things such as utility bills may have still had her name on them. Added to this is the fact that her ex and his new girlfriend are fairly unscrupulous and wouldn't have thought twice about obtaining credit in an estranged wifes name.

Hopefully someone can advise us on the following:

1. Should we let Mackenzie Hall know that my wife is one and the same person they are looking for - or should we just ignore them?

2. Should we credit check my wifes name - or by doing this do we risk confirming that she is the person MH are looking for?

3. If there are CCJ's in my wifes previous name will these become attached to her new name if we do a credit check?

4. If money / debts have been fraudulently aquired in my wifes previous name should we dispute these and if so, what is the best way to do this?

Just for the record, what we really want is the most stress free way of resolving this without it having any adverse effect on my wifes credit rating. Also, contacting the ex-husband is definitely not an option.

Big thanks if you can advise us :o

Gordon_Hose

That is their generic phishing letter, a letter you can safely ignore.

Eventually they'll send through a letter stating what the debt is actually for, once you have that you can deal with it accordingly.

Mucky Hall have a reputation for going after debts that are over 6 years old and Statute Barred, as your wife hasn't used her name from her previous marriage in over 10 years, chances are they're trying it on in the vain hope you don't know your rights.