Help needed - debt recovery letter rec'd from Mackenzie Hall

peachypop

Hi all,

I could really do with some advice regarding a letter I received today from Mackenzie Hall debt purchase ltd with regards to a debt I owed the Freemans catalouge.

I did default on my catalouge, AND I did pay off my full amount closing my account with Freemans, however this was from when I was aged about 19 about 9-10 years ago!

The letter does not even state how much they think I do even owe them, but after searching them on the internet, I don't want to call them as other people have said they have just been stonewalled and told to pay or go to court and that they employ 'bully boy' tactics.

I am really scared by this letter, as clearly after so much time passing, I have no evidence I did pay off this debt, would it show up on my credit report that the debt was paid for instance, or has too much time elapsed?

I have read that the best course of action is to send them a notice of statute barred, is this the recommended course of action? Any help would be HUGELY appreciated! Thankyou.

bottleofred

Hi peachypop,

If this debt is indeed linked to the freemans catalogue account from 9-10 years ago, then the debt is statute barred (assuming you didn't make a payment or written acknowledgement of the debt within 6 years from closing the account) and they are hoping you will pay. You could send them the prove it letter first, to prove you owe the debt and wait to see what happens. If they can prove you owe the debt, you could then send the statute barred letter. I'll put the prove it letter below and send it via recorded delivery to ensure they can't deny receiving it.

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

peachypop

Thanks so much Red

I don't even know why they are writing to me as like I said I paid off this debt at the time and as far as I was aware, that was the end of the matter. I have had no contact with them since I paid it off 9-10 years ago. I am gobsmacked that this can even happen! I wouldn't even feel as riled as I do if I actually owed them the money!

I will send them the letter and see what happens, thanks again, I don't feel half as much panic now, thankyou!

crazyguy

Bottleofred's letter is spot on and to be honest you should stop worrying, they are nothing more than chancers and hoping that you will go ok then I will pay, send that letter off and rest assured nothing will happen.

fermi

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