Please help Mackenzie Hall / Statute Barred debt?

Catty212

We sent off a letter to Mackenzie hall querying their claim that they had sent saying my partner owed £400 and something pounds to Yorkshire Bank, using one of the templates suggested on here re being statute barred.

They have replied and said -

I write with regard to your recent letter.

Upon investigating this matter, based on your comments and the data held on file regarding the above ref account; I conclude that said account has not been deemed to be statute barred.

Please contact our call centre on 01563 554 540 quoting above ref number to discuss the matter further and replayment of account.

Thanks your patience.

They have not provided any details of outstanding debt or supplied any evidence, and this doesn't show on my partners recent credit check as an outstanding debt. The debt was allegedly with Yorkshire Bank, which my partner did have an account with.

My partner had this account when he was 19-20 ish. He is now 29 and had heard nothing at all since then from the bank itself. There has been no correspondance until now.As far as he is aware he didn't have anything outstanding on the account.

What should we do now?

We're not going to ring them. So ... we're looking for the next template letter to send them. He will pay the debt off, IF they can prove he owes it, but as they haven't where do we stand? And, why doesn't it show on his credit check?

vax2002

This is the latest scam, Wheel Clampers, Private parking tickets and now the new one, "stale debt sharks " buying old debt files and intimidating you in to paying a statute barred debt.
If you have checked and the debt is barred, I do not subscribe to the writing back bit, it gets you on the hooked fish list, I am a believer of you ignore them until they chance it in court, which will be very rare, then you come out of the corner and knock ten bells out of them in court with a counter claim for damages due to harassment
Everything else is pre-fight threats and best ignored until they either put up or shut up.
These clowns know the debt is barred, so you are wasting your time informing them that you are you and that they can commence the harassment.
My advice on "stale debt sharks"
Do a credit check, if your debt is statute barred ignore these crooks.

fermi

Letter: http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

If they continue after that without providing proof, then follow through with the complaints referred to in that.

vax2002

Banks and Lenders insure against default, the reason the bank have not chased is because they have been paid by the insurance they took out.
The insurance company then takes possession of the old files and either sells them on to a shark ot employs one to harass you in a crude attempt to get some recuperation from the debt.
They know these debts are Barred and so do the people that buy them, they are sold at Auction, by the insurance company for measly sums, the stale debt sharks buy them and commence harassment, even if you pay, not 1 penny will go to the people you defaulted from.
They are a gamble, they may have only paid £20 for the file, they can only spend a very limited resource chasing it up.
They know full well the debt is barred because they have the file open on the desk, all if it.
What is paramount is that they get a bite very quickly on the bait so they can commence harassment, even if they screw £50 out of you they are up.
All they often have is the file and a copy of the electoral role and they throw some bait through the letter box and prey for a bite.
If ignored, they will soon get wind that they are fishing in a dead pond and try the next one, they could have hundreds to go through, but little time and resource's.
Sending them letters telling them what they already know will not stop the harassment, it will increase it ten fold.
It is a bite and they will send the sharks.
How to deal with stale debt sharks .
credit check = barred= IGNORE

fermi

Catty212 wrote: »

He will pay the debt off, IF they can prove he owes it, but as they haven't where do we stand? And, why doesn't it show on his credit check?

They won't send proof unless he challenges them for it.

So write the letter in the previous link.

When they fail to do so, or try to wiggle out of it, then report MH to the people mentioned.

The debt will not be on his credit files any more, as any default registered on that account would be over 6 years old and so cannot be put on his report any longer.

Catty212

Thanks for your advice. I'll have a look at the letter now.

We were really worried as we will be applying for a mortgage very soon and don't need any old debts coming biting us at a later later.

We did a credit check yesterday and there definately nothing showing as being owed to Yorkshire Bank.

fermi

Catty212 wrote: »

We did a credit check yesterday and there definately nothing showing as being owed to Yorkshire Bank.

Whatever happens, they cannot place another default or record any other details on your credit files now.

The only way it could effect you is if they got a CCJ. However, as the debt is statute barred then they would not be able to successfully do that. They are unlikely to try anyway.

MH and other debt collectors seem to be making a habit lately of concocting fictitious payments that prevent a debt being statute barred. However, when challenged, they soon retract their spurious claims.

If you don't respond and challenge them though, they will think you believe their nonsense, and will step up the hassle. So challenge them and kill it dead now.

Catty212

I've just copied the letter and will have it sent recorded tomorrow. I wonder how many people just send them money. My partner would have, had I not looked on here first.

Thanks all who have replied

Catty212

We got another letter from Meritforce on behalf of Mackenzie Hall today titled 'Authorised Collector Visit'. The again have provided no details of the alleged debt.

The letter says " Due to the non payment of the above we have been instructed by Mackenzie Hall Ltd to collect this debt on their behalf.

An authorised debt collector may make a visit to your property within the next 10 days.

Should our collector inform us that no positive commitment towards clearing the debt has taken place you account will be returned to this office and formal proceedings may be considered.

If you do not want our collector to call and would rather arrange settlement you must contact Philip WOODS at Mackenzie Hall before 26th July ( the letter came on 25th).

Should you fail to make payment and action is taken additional costs may be added to your debt.

I look forward to hearing from you. No more reminders will be sent."

The debt does not show on my partners credit rating, and as afr as he is aware there account was last used 9 years ago and there was no debt left on it. Mackenzie Hall has again not provided any evidence of the debt.

Can anyone advise???

Clive_Woody

Catty212 wrote: »

We got another letter from Meritforce on behalf of Mackenzie Hall today titled 'Authorised Collector Visit'. The again have provided no details of the alleged debt.

The letter says " Due to the non payment of the above we have been instructed by Mackenzie Hall Ltd to collect this debt on their behalf.

An authorised debt collector may make a visit to your property within the next 10 days.

Should our collector inform us that no positive commitment towards clearing the debt has taken place you account will be returned to this office and formal proceedings may be considered.

If you do not want our collector to call and would rather arrange settlement you must contact Philip WOODS at Mackenzie Hall before 26th July ( the letter came on 25th).

Should you fail to make payment and action is taken additional costs may be added to your debt.

I look forward to hearing from you. No more reminders will be sent."

The debt does not show on my partners credit rating, and as afr as he is aware there account was last used 9 years ago and there was no debt left on it. Mackenzie Hall has again not provided any evidence of the debt.

Can anyone advise???

Nothing but a load of hot air from MH, ignore it or now proceed with making a formal comlaint.

On the very very unlikely chance somebody did turn up simply tell them to take a hike without a court order they have no authority to do anything.

BitterAndTwisted

"An authorised debt collector may make a visit to your property within the next 10 days.

Should our collector inform us that no positive commitment towards clearing the debt has taken place your account will be returned to this office and formal proceedings may be considered."

They're still fishing. Don't bite.