Second Letter from Mack Hall .........

piratess

Really need some advice as to what to do with this one ???

Ive recieved a second letter this morning from the company ..

this time they have said : pursuers= Lowell Portfolio 1 Ltd
(never heard of them)

Mackenzie Hall ... despite repeated requests for payment by our client the above account remains unpaid our clients would prefer an amicable settlement, however should this settlement amount not be paid by the date shown we will have no alternitive but to take the matter further
settlement amount £359.29

could anyone advice me on what i need to do now? ... this is from 2001 and ive spoken to them once on the phone in a panic (before i came here) ... and i did say i had the card mentioned but that i was sure i was repaying through somone else ...


please help xx

rog2

Hi Piratess - I'm trying to remember your original post. Is it more than SIX years since you either made a payment to, or acknowledged this 'debt' in writing?

piratess

Sorry ....

This is a debt from early 2001 .... ive never acknowledged this in writing atall! ... and only spoken with them once which was when i got he first letter ... they asked if i had the card i said yes i had but thought id been making repayments through somone else! ....

They said accounts manager would ring me but didnt get a call .. and now ive recieved this letter this morning second letter ever from them!

thanks for your help x

rog2

Okay - Don't worry about what you said on the phone as this does NOT constitute 'written acknowledgement' of the 'alleged debt'.
Providing that six years have passed since either your last payment towards, or written acknowledgement of, the 'alleged debt' then this 'alleged debt'will be covered by the Limitations Act, 1980 and is statute barred.
This means that once you have informed them that you will not be paying the debt because it is 'statute barred' (and that is the ONLY reason you need give) then they will NOT be able to pursue this debt through the courts and must stop pursuing you for payment.

Go to http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

This will explain about the Limitations Act and there is also a template letter which you should send to MacKenzie Hall.

piratess

so if i send this letter to them they cant keep doing this ?? ....

what happens if they threaten to take me to court or send somone round? ...

RAS

Piratess

When debts become statute barred, or are due to become statute barred, the creditor flogs them for a few pence in the pound.

MH specialise in buying these non existant debts up and then relying on the ignorance of people and bully them into paying even though they no longer owe the money. If they only get a small precent of people to cough up they are still quids in.

They are bullying you because they have realised that you do not know the rules.

Once you tell them to bog off, they can do NOTHING to pursue the debt. If they were to try, you can report them to the OFT, the Trading Standrds and thr Information Commisioner.

SO send the letter rog pointed you to.

rog2

piratess wrote: »

so if i send this letter to them they cant keep doing this ?? ....

what happens if they threaten to take me to court or send somone round? ...

If they took you to court the fact that the 'debt' is statute barred is the only defence that you would need. YOU are protected by this law. Unless Mackenzie Hall are able to PROVE that you had made any payments, or made any written acknowledgement, during the six-year limitation period, the case would be thrown out of court and MH would have to pay the costs.

IF Mackenzie Hall 'sent someone around' these 'people' would have absolutely no legal powers whatsoever - they would have no right of entry to your house and MUST leave immediately you ask them to.

Have a good read through the OFT Debt Collection Guidelines, that can be found on the following link:

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Do NOT trust ANYTHING that Mackenzie Hall tell you - they are inherent liars whose ONLY interest is to make an easy buck out of your situation.

Lolly68

Piratess - I have also had letter from MH as well and the advice that I have been given on this website is brilliant. I have sent the statute barred letter and I am now waiting to hear back from them. Good luck