Mackenzie Hall, help needed please

Busby1

Hi guys and girls, new to the forum and just want a bit of advice.

My ex partner contacted me today saying she had a visit from a collection agent from Mackenzie hall about a debt from Lloyds!
The first thing that struck me is they discussed the debt with her which surely they can't do, she knew how much I owed and what it was for!! If the debt is from Lloyds then it must be old as I haven't banked with them for about 6 years!! I haven't heard anything from them until now, I have lived abroad in-between.
I was going to call them tomorrow and try to sort something out. The debt is for £1700, should I try to get the debt settled? I was thinking about offering them £50 or something? Im not bothered about Mackenzie hall, more bothered about having my ex on my back (again)!! They don't know where I live, they have no contact information for me and it's not on my credit file! Any advice would be appreciated!!

bottleofred

Hi Busby,

Muck Hall specialise in collecting debts that are usually 5+ years old and are very persistent Barstewards! They will text, phone and generally harass at every given opportunity when persuing outstanding debts. If the debt is not showing on your credit file, it may well be statute barred (a debt becomes statute barred after 6 years (5 years in Scotland) of non payment or acknowledgement of it by the debtor). Don't make any payment to them at all (not even 1p), I think the best thing for you to do is send Muck Hall the prove it letter to see what kind of response you get. Always contact them in writing though and DON'T give them any contact telephone numbers. I'll attach the prove it letter below and also the letter for being contacted in writing only. Send the letters recorded delivery, as they can be a bit dim and don't understand the most basic request at times. If they do manage to get hold of a contact number for you, don't go through the security check and hang up the phone. They've almost certainly breached the data protection act by discussing the details with your ex, but it'll be difficult to prove and it's run of the mill for the pond life that they are!

Good luck

Red

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

Busby1

Thanks red, the only problem with writing to them is they then have my address and they don't know where I am at the moment, if they do know where I live then it ends up on my credit file!

I thought, give them £50 and get rid of it and save the hassle and the bad credit!? I thought of contacting them via email but they can't really send a CCA via email? Under normal circumstances I wouldn't give the anything and get them to prove it. But it's a tough one! If I get a settlement figure off them via email would that stand up if they were to try and sell it on again? Thanks in advance

PHYTHIAN

The debt sounds as though it is indeed probably statute barred and cannot be enforced with Court Action. If you offer to pay them £50, then the timescale may well start all over again and thus they will be able to take Court Action. This WILL then appear on your credit file.

king100

Busby1 wrote: »

Thanks red, the only problem with writing to them is they then have my address and they don't know where I am at the moment, if they do know where I live then it ends up on my credit file!

I thought, give them £50 and get rid of it and save the hassle and the bad credit!? I thought of contacting them via email but they can't really send a CCA via email? Under normal circumstances I wouldn't give the anything and get them to prove it. But it's a tough one! If I get a settlement figure off them via email would that stand up if they were to try and sell it on again? Thanks in advance

Why on earth would you do that? What is £50 going to do but reset clock if it is coming up to be SB. Dont worry about settlement figures now.

Do not pay them a penny.

Who cares if they have your address what are they going to do.If they turn up at your door tell them to F*** OFF. They have no power to be there.

Send them a prove it letter. If it does not show up on your crerdit file it will be SB. Why then would you pay it.

They cannot add a default to your file 5 years down the line, it must be put on file in reasonable time.

DO NOT PAY.

king100

PHYTHIAN wrote: »

The debt sounds as though it is indeed probably statute barred and cannot be enforced with Court Action. If you offer to pay them £50, then the timescale may well start all over again and thus they will be able to take Court Action. This WILL then appear on your credit file.

As far as I am aware of debt is SB, by paying £50 would not start the clock as the debt was SB already.

Found it

The Limitation Act 1980 is very clear in how it defines this..

Either payment or acknowledgement can reset the 6 years if it hasn't gone past that point already.

If it has gone past that point, then it can't be reset, no matter what you do.

Payment = payment by you or your appointed representative.

Acknowledged = Must be in WRITING by you or your appointed representative, and SIGNED by the person making it.

Telephone calls, even if recorded, do not count as acknowledgement.

king100

If they dont know know where you live, then they might take you to court.

How would you know this has been done?

The court would find in favour of DCA you will get a CCJ, all because you wouldent tell them your address.

You will have a CCJ then you are into the bailiff territory.

Write to them asking them to prove the debt is owed to you.

PHYTHIAN

king100 wrote: »

As far as I am aware of debt is SB, by paying £50 would not start the clock as the debt was SB already.

True... but if a CCJ has been granted sometime in the past and Busby acknowledges the debt by making an offer, the Court may then decide to reinstate the CCJ.

As you quite rightly say,,,,,,send the prove it letter. By a remote chance they manage to send it, send the SB letter. Either way do not speak to them on the phone , do not acknowledge the debt and most certainly do not pay or offer to pay anything towards it.

king100

There is no time frame for a CCJ to become 'invalid', however, if it is not enforced within 6 years the creditor will have to go back to Court to get permission to enforce it and explain to the Judge the reasons why it has been enforced within this 6 year time frame.

But if they have a CCJ then they must have been able to show proof of said debt.

He has looked at credit file and hasent mentioned a CCJ.

boushear

These jokers are chasing me to, i posted yesterday

i am sure i have no debts, the ones i do have got paid in full, i checked my credit rating and it was all good, i am ignoring them for the moment, if they keep persisting with me i will send that prove it letter.

unless they can prove something then your clean right

Willow78_2

My OH received letters and phone calls which I dealt with on his behalf. It was impossible to deal with them by phone, they ignored my letters. I eventually sent them an email asking them to provide proof that the debt was legitimate. I received a reply stating that they would close the file as they were unable to provide the information.

I'm glad I stood my ground, but wonder how many people pay for debts which they may not owe due to the company's bullying.

HTH
Willow78