Mackenzie Hall - 11 Year Old debt

baller123

Hi,
Im new here so please go easy on me. First off I received a letter from the above approx. 6 weeks ago (in the usual manner everyone else here seems to get) please contact us with an urgent matter etc etc. I ignored it as I had no clue of any debt with and thought you can contact with more info if you want my attention.

I have now received a letter today with that info, it relates to a very old unsecured bank loan I took out 11 years ago. Anyway I came under alot of financial trouble and stopped paying it, the last payment/contact they received from me was some 8/9 years ago. So my question is do they have any right at all to try and collect this after all this time?

I am now debt free with everything else as I aquired funds and paid them off, just this one went overlooked. But after reading up on statute barred debt I wanted to know if mine fell into this category?

Just to add after reading the letter again MH don't even own the debt they say they are 'acting on behalf' of their client. It doesn't say who their client is, although at the top of the page it has Original Creditor: Yorkshire Bank, Pursuers: Lewis Group.

Culex

If you neither made any payment on that alleged debt nor acknowledged it in writing for more than six years, the debt will be statute barred by section 5 of the Limitation Act 1980. This means that it could not be enforced by any court judgement; to state that it is statute barred is a complete defence to any summons - but any attempted court action must be defended, or a judgement could be given for the claimant. If a CCJ has already been obtained, the claimant would need to return to court if they wished to enforce a judgement given over six years ago.

They may say that acknowledging the debt now would remove the restriction on its enforceability, but that would merely be one of the customary untruths these debt-chasing parasites are trained to claim.

For Scots Law, a different statute applies and the limitation period is five years, perhaps because the Scots are more careful wi' their bawbies.

fermi

Info and letters to send in this link.

https://forums.moneysavingexpert.com/discussion/2606811

baller123

Well no court action has been taken yet, they are just threatening me with it at the moment. I don't have any CCJ's so I am ok on that front. So would it be safe to say they are trying it on? Also should I warrent them with a response or as it is statute barred just keep ignoring them?

Culex

Just tell them to get bent.

fermi

baller123 wrote: »

So would it be safe to say they are trying it on?

Yes.

baller123 wrote: »

Also should I warrent them with a response or as it is statute barred just keep ignoring them?

Up to you really.

If you want to get rid of them now then send the appropriate letter.

Or you can leave it to see if they are daft enough to take court action. With Mackenzie Hall that is very very very unlikely.

RAS

Send the letter. Legally, they can still take you to court if you do not send the letter.

If they do, then all you need to do is to remind them and the courts that the debt is statute barred. If you do not defend it however, they will win.

baller123

Thank you all for your replies. I'll send the letter and see what (if anything) they have to say for themselves and let you guys know there response.

cheesefish

Hi there, I too have received a letter today from these people on a debt that I'm not aware of with clydsdale financial that is also on behalf of the Lewis Group.The only thing I can think of is a store card that I had over 12yrs ago that I paid in full in the store that it was for. The letter has come through in the wrong name, it's close enough, but is none the less incorrect. This is the first time I've been made aware yet they're demanding a payment of over £700 by the 22nd April. I don't want to contact them as I don't want them to say i've now acknowledged it or something when I don't even know what it's for...any advise would be appreciated.

Culex

cheesefish wrote: »

Hi there, I too have received a letter today from these people on a debt that I'm not aware of with clydsdale financial that is also on behalf of the Lewis Group.The only thing I can think of is a store card that I had over 12yrs ago that I paid in full in the store that it was for. The letter has come through in the wrong name, it's close enough, but is none the less incorrect. This is the first time I've been made aware yet they're demanding a payment of over £700 by the 22nd April. I don't want to contact them as I don't want them to say i've now acknowledged it or something when I don't even know what it's for...any advise would be appreciated.

Is that the first letter you have received with your name misspelt like that?

Was it the sort of mistake that might have been made if the name had been written down incorrectly by a call centre drone?

I'd probably ask them to prove that the alleged debt had been incurred by me - and when it was allegedly incurred.

jacqui1888

sorry for hijacking your thread its just that my other half has received a letter from MH also, saying he owes £1000 to the lewis group. He has no idea what this is for or even if its his debt. How do we respond to them, i cant have them calling the house as at the moment we are living with my parents. Any help would be appreciated