Mackenzie Hall - 11 Year Old debt

cheesefish

Culex wrote: »

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.

Hi There, I suppose it could be, they've missed the last letter from my name, but as either spelling is still a name then I'd say it was close enough. I've been trying to think what this alleged debt could be for. This letter was a failure to respond...how can I respond when this is the first one I've had!! and the fact that they've given just 2 days to pay seems a little extreme!! I know I've had no correspondence from any previous debt collection agencies, and I know that the only things that I had from a past relationship were paid off over 10yrs ago in cash at the appropriate store. I've heard that these guys really do try to scare people...and I've got to be honest..it's working..but i'm reluctant to get in touch as i'm not prepared to acknowledge something that i know isn't mine. Should I send a letter to them as you suggested asking them to prove it's mine? at the same time should I also point out that as this is the first i've heard about the matter in over 10yrs that I believe that if it were mine it would be statute barred?

brokeinlondon

cheesefish wrote: »

Hi There, I suppose it could be, they've missed the last letter from my name, but as either spelling is still a name then I'd say it was close enough. I've been trying to think what this alleged debt could be for. This letter was a failure to respond...how can I respond when this is the first one I've had!! and the fact that they've given just 2 days to pay seems a little extreme!! I know I've had no correspondence from any previous debt collection agencies, and I know that the only things that I had from a past relationship were paid off over 10yrs ago in cash at the appropriate store. I've heard that these guys really do try to scare people...and I've got to be honest..it's working..but i'm reluctant to get in touch as i'm not prepared to acknowledge something that i know isn't mine. Should I send a letter to them as you suggested asking them to prove it's mine? at the same time should I also point out that as this is the first i've heard about the matter in over 10yrs that I believe that if it were mine it would be statute barred?

I would send them the 'prove it' letter first http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

And if they do manage to prove it, send them the statute barred letter

womble2k2

Interesting, as I also received a letter yesterday (but it was dated 15th April - I know the PO is slow, but I suspect it wasn't sent on the 15th).

It was also on behalf of Lewis Group, with an original creditor being National Westminster Bank PLC.

This is interesting as Natwest is my current bank, and has been for 21 years. My accounts (savings and current) are both in order. I did have a Mastercard as part of a premium account which I reverted to a standard account 4.5 years ago as I wasn't getting benefit from it, and the charges increased to £220 / yr. The Mastercard was on Direct Debit to clear the balance every month, and I know it was clear when it was closed.

The plot does thicken more though, as they mention they have obtained my current address via a financial link to my previous abode, supplied by a credit reference agency.

I have lived at my current address for very almost 12 years (Moved in on 26th April 1999, not difficult to forget as the news of Jill Dando's murder was on the radio as I moved).

I did notify Natwest of my address change, and it was at that time I moved to the premium account.

The letter asks that if I dispute this, to contact them on a 0844 number (5p per minute, although I've tracked down a standard number: 01563 554540). I'm aware of MH as they have been chasing the debt of someone they believed lived at my current address for over 4 years, even though I informed them that he didn't.

The due date for the payment is tomorrow (22nd April), which matches the others on this thread for Lewis Group, so I suspect they have taken on chasing bundled debt bought by Lewis Group.

I don't want to enter into a phone call with them, so emailed them yesterday, clearly stating I do not acknowledge the debt, and asked them to provide details of where and when the debt was acrued.

I suspect that either;
1. An administive error
2. Identity theft at my previous address, after I moved out (it was a rented room).
3. This is an extremely old debt from my student years (about 20 years ago!!)

As they mention it is with regard to my previous abode, I am sure it would be un-enforceable, as it would either have to be statute barred or from identity theft. Neither of which they can enforce against me.

By chance, I need to visit my bank today, so will take the letter and ask them for details of where they believe the debt originates.

Finally, the last time I checked my credit record (about 3 month ago), I had no outstanding debt and my rating was 999.

I'll keep you all informed of progress.

Phil

Gordon_Hose

Send them the SB 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 XXXXX

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

DizzyChick

Hi,

i have received a letter today from mackenzie hall about an old credit card debt i had over 12 years ago! im still a little confused becuz after checking my credit file there is no information or ccjs! i can remember having ccjs but im not sure which debt it was for.....is there anyway i can find out if a ccj is still valid as i looked on trust online but none are showing!

any advice would be great

fermi

If you send the statute barred letter, then if there is a CCJ known to MH then they will let you know.

If there was one, then MH would have surely said so in their letter?

They wouldn't miss out on that chance to make extra threats if one did exist.

It's very unlikely that there is though.

Even if there is a CCJ that old enough to not show on the registry trust, they would need leave of the court to enforce it. Not likely to be given.

DizzyChick

fermi wrote: »

If you send the statute barred letter, then if there is a CCJ known to MH then they will let you know.

If there was one, then MH would have surely said so in their letter?

They wouldn't miss out on that chance to make extra threats if one did exist.

It's very unlikely that there is though.

Even if there is a CCJ that old enough to not show on the registry trust, they would need leave of the court to enforce it. Not likely to be given.

thanks i will deffo send the letter off! will have to wait and see! i know alot of people have problems with makenzie hall but i dont take any crap from dcas and if i dont like how they speak to me i just tell them they aint gonna get very far by talking to me like that and put the phone down! it usually works

Culex

womble2k2 wrote: »

The plot does thicken more though, as they mention they have obtained my current address via a financial link to my previous abode, supplied by a credit reference agency.

I have lived at my current address for very almost 12 years (Moved in on 26th April 1999, not difficult to forget as the news of Jill Dando's murder was on the radio as I moved).

Was that why you moved?

womble2k2

Culex wrote: »

Was that why you moved?

No! My old address was a rented room, and I was moving into my new purchase!

As an update, I sent a very strong letter by recorded delivery to Mackenzie Hall, which was delivered last Friday.

I asked for them to supply all details of the alleged debt, and proof that I have acknowledged the debt within the past 6 years, to be delivered to me by 29th April. I'm waiting for the postie today, but don't expect to receive anything.

I also highlighted that I had not been made aware of this debt before, and that if the debt was acrued after April 1999, it was likely to have been the result of identity theft. I also highlighted the OFT requirements placed on them and that I'd be tracking all costs associated with dealing with them, which I would recover through any court action should the settlement be in my favour.

If they think they can bully me, they really need to think again!

Phil

fermi

womble2k2 wrote: »

If they think they can bully me, they really need to think again!

Excellent. That's exactly the attitude to take with them.