Mackenzie Hall - failure to respond notice

[Deleted User]

Hi everyone. A few weeks ago I received a letter from Mackenzie hall telling me to contact them regarding a 'personal matter'. After googling them I tore up the letter and got a credit check done to make sure. I only have one debt I'm paying off and couldn't think of who else I would owe money to.

I have now received a 'failure to respond' notice telling me who the pursuers are and what the sum owed is. I have been given literally a couple of days to pay the amount in full. When I saw it I realised it was from an old debt I had a long time ago which in all honesty I'd forgotten about! However it was from well over 6 years ago and there are no details on my credit file regarding the debt. I haven't made any payments or had any contact whatsoever with the creditors for at least 6 years.

AFAIK I don't have a CCJ for the debt (it doesn't show on my credit file anyway) which is for roughly £1000. I am quite ill and live on Incapacity Benefit and would not be able to make repayments. If I was working I would just pay it off because I don't want to run away from any responsibilities but in my present situation I just can't do it.

I did search this site and some people suggest asking them for proof but I do know that I did/do owe these pursuers the money so I'm not sure if I need to ask them for proof. Also I'm pretty much housebound with illness and getting taxis to and from post offices to send recorded deliveries would be out of the question 99.9% of the time as it would be too much for me to physically cope with.

Does anyone have any advice as to what I should do?

FOURCANDLES_2

Well my opinion is it is not on your credit file so will not have a diverse affect on you, it has no CJ is over 6 years old so send the statue barred letter to stop them writing or bin it. I am sure others will be along soon.

RAS

Hi

This will almost certainly be statute barred; over 6 years since any payment (the default has dropped off and would be 3-6 months after the last payment) and no CCJ and Muckhall specialsie in buying SB debt and giving people very short dead-lines in which to respond. If they only panick 1% into paying they are quids in.

Legally, until you write and SB letter to them, they are alowed to ask you to pay. Once that letter goes they have to stop. If not report them.

Gordon_Hose

Send them this letter:

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

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


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 ourselves.

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.”

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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”.

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

We look forward to your reply.

Yours faithfully
Mr A N Other

[Deleted User]

Thanks for your replies. Special thanks to Gordon for that letter. Would it be enough to send it via email? As I said above, getting to post offices and queueing etc to fill in recorded deliveries is not doable for me at the moment.

Gordon_Hose

You could send it via email, but they could claim they never received it. For that reason it's always better to make the effort to send it 1st class recorded delivery, that way there's no getting out of it for them.

RAS

or, a cheaper version. Send two copies of the letter from different post offices. The courts assume one letter might get lost, two do not.

FOURCANDLES_2

RAS wrote: »

or, a cheaper version. Send two copies of the letter from different post offices. The courts assume one letter might get lost, two do not.

I like that idea ....

[Deleted User]

Well thanks again, but as I stated above going round post offices isn't an option at the moment.

brightonman123

send in .pdf format by email (i have an address somewhere, if needed..), AND by recorded del- you can then prove later they got it!

hopefullly, the pdf format prevents them from editing letter..

brightonman123

general@mackenziehall.co.uk