Mackenzie Hall, advice pls

WRINKLES

tuli wrote: »

I have received two letters now from these people, but they are addressed to someone that sounds a bit like my name, but spelled totally wrong.
The debt in question is one that I don't actually think I owe, and if it is, it will be at least 8 years old (I have had a mobile phone with the company they say the original debt is from, but I am not aware of any outstanding money owed).
I have not phoned or written back to them.
Any advice would be gratefully received as I am beginning to get a little concerned.

Ignore them file their letters in the bin after shreding .:p

FTW

tuli wrote: »

I have received two letters now from these people, but they are addressed to someone that sounds a bit like my name, but spelled totally wrong.
The debt in question is one that I don't actually think I owe, and if it is, it will be at least 8 years old (I have had a mobile phone with the company they say the original debt is from, but I am not aware of any outstanding money owed).
I have not phoned or written back to them.
Any advice would be gratefully received as I am beginning to get a little concerned.

You could refer the matter to the Office of Fair Trading (from what you say, the debt is well statute barred), and also making a complaint to Alan Stewart at East Ayrshire Trading Standards - who is currently investigating this company.

MH were warned by the OFT last year for dubious business practices, and the more complaints made against them, the more likely the OFT will be inclined to refuse any renewals they need to continue their trading licence.

But you'd need the letters for all that. Wrinkles is otherwise correct - have no direct communication with MH.

nikko1000

Hi, This is the first time Ive used this page so not sure if im in the right place but here goes. I have over the past 2 weeks received letters from Mackenzie Hall, and today received one from them on behalf of ACTIV CAPITAL. I think this may relate to a credit agreement taken out 11 years ago. I have been living abroad since and have recenbtly returned to the UK. Is this debt enforeceable ? help please Im starting to panic !!!! Im poverty stricken , dont have a lawyer and dont know what to do

ItMightBeUsefulOneDay

nikko 1000

You'd probably get a better response if you start your own thread (mods? Can it be moved??). However, if you've not acknowledged or paid any money towards this debt for 6 years+ (England) it's very likely to be statue barred and NOT enforceable.

DO NOT PHONE THEM
DO NOT PHONE THEM
DO NOT PHONE THEM

I would start with the legendary "prove it letter" (http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16) making sure you state at the top of the page "I do not acknowledge any debt to you or any other company or organisation that you claim to be representing" as suggested in this post. This needs to be sent via recorded post and keep all proof of postage.

If they try to phone, refuse to answer their security questions and hang up on them.

nikko1000

Actually Ive been advised to send the following letter, any comments please


:-Liability for debts and the limitation act
4
SAMPLE LETTER H
THIS EXAMPLE LETTER IS DESIGNED TO HELP YOU DISPUTE LIABILITY FOR A
DEBT WHERE A CREDITOR HAS NOT CONTACTED YOU FOR OVER SIX YEARS
AND YOU HAVE NOT MADE A PAYMENT OR WRITTEN ACKNOWLEDGING THAT
YOU OWE THIS DEBT DURING THIS PERIOD.
(Your home address)
_________________________
_________________________
_________________________
Date:________________________
To: ______________________________
______________________________
______________________________
______________________________
WITHOUT PREJUDICE
Dear Sir/Madam
Account No:____________________________________________
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”.
The last correspondence/payment/acknowledgement or payment of this debt was made over
six years ago and no further acknowledgement or payment has been made since that time. 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/we 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 statue barred could amount to
harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
Liability for debts and the limitation act
5
I/we await your written confirmation that no further contact will be made concerning the above
account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)
REMEMBER
TO KEEP A COPY OF LETTERS YOU SEND TO YOUR CREDITORS

nikko1000

Thanks very much for your reply , its much appreciated !!!!

fatbelly

Nikko - if you're not sure what debt it is, the prove-it letter is the correct one to use.

However, there's no reason why you should not combine the two. You could say that you have no knowledge of any debt to 'X' but even if it existed it would be more than six years since you last acknowledged it

Gordon_Hose

Don't sign the letter with your signature by hand, do it electronically.

So it would look like:

Yours faithfully

A. N. Other