Mackenzie Hall question-what if we already made a full payment for debt??

tutkusmom

Hi,After login into this forum i now relaise how this company manage to rip us of for no good reason.Last year we received a letter from them again demanding for money for a bank account where my husband must have an account back in i don't even know.Again the so called debt was over 7 years ago and even though my husband swore he couldn't remember whether he was in debt or not unfortunately i am the irritating person in this relationship who has to pay anything and everything on time.So i told him i was going to to contact the company and arrange a monthly payment plan whether he agreed or not which i did.I didn't know by then i had a right to ask for the proof of debt or the 6 year statue of limitations so do you think i can recover the money back from them that i already paid as i am keeping all the receipts. if i give them the ref. number and ask for proof of debt of course they are not going to be able to then take them to the court which doesnt cost much when you do it online and i think they end up been liable for the extra cost anyway.What do you all think??Even though it may not be right i can't help myself finding the idea of sending them a final notice letter just like the ones they send out to people like me. Just trying to imagine one of those rude people's opening the letter and seeing i am demanding for money from them makes me laugh.I hope everyone is doing really well and have a lovely weekend.

rog2

WOW Tutkusmom - whilst I admire you immensely for having taken the decision upon yourself to make these payments on an 'alleged debt' that MH were attempting to collect from your husband, I find myself further amazed at just how low these scavenging predators will sink in the pursuit of greed.
They should not even have discussed the debt with you, without your husband's authorisation.
The fact that you have been making any payments at all does NOT alter the 'status' of the 'alleged debt'. Once a 'debt' becomes statute barred it remains statute barred. Acknowledgement of the debt, although it looks as if your husband, as the 'alleged debtor' has NOT acknowledged the 'debt, after a six year limitation period does NOT re-start the process - contrary to what the 'festering mucus' at Mackenzie Hall would like debtors to believe.
Once a debt becomes 'statute barred' it remains 'statute barred'. Any payment towards that debt would be deemed as voluntary. If you have not finished paying the full amount claimed by MH you can still stop any future payments as the 'debt' was statute barred at the time you started making the payments. As Mackenzie Hall had been accepting payments from you without the knowledge, or indeed authority, of your husband (and I don't mean that in a bad way) then it is difficult to imagine any court accepting any plea from MH that the debt is still recoverable through the courts.
With regard to what you have already paid, then I think you need a bit of legal advice as to whether or not you have any legal grounds on which to reclaim it. I suggest you call National Debtline on 0808 808 4000, who would be better placed to advise, and may even be able to take the matter up directly with MH - with your husband's authority of course.

tutkusmom

cheers,yes unfortunately i paid it off last year and to be honest husband didn't have any choice when i said i am soo paying off your debt,he knew what i was up to,basically couldn't stop me and to be honest we both thought at the time any company who send out letters to us about a debt was within their rights and we had to pay it off regardless and that was it, my husband and i are really different,my husband didn't care about anything when it came to making payments about anything because he was single and young and whatever the reason was ,it is me who has to make sure that everything gets paid,i don't even want to imagine what our life would be like if i was a bit careless like him ,now having said that since i am with him for the past 71/2 years i know we paid everything we were suppose to pay but before that i can not be sure whether he was in debt or not and i am the one who will have to face with a bailiff if something goes wrong because he is out there working and i am at home looking after our daughter so yes when we receive a letter from a debt company i am like here we go again but thank god for the 6 years of statute barred law.Apart from one big loan he took out a few years ago for a business which he lost in the end and a credit card he use to own with a limit of £5.000 which by the way still remains semi- paid(he is with cccs)we don't have any other debts and going to be debt free by february 2008 because he is going to do a re-mortgage to pay it all off . Thank you very much for the advice i think i might give National Debtline a ring to find out what they might say,i will let my husband know what i am up to i promise.:)))))))The debt was less than £1000 pound anyway but it is money isn't it.

tutkusmom

and just think about it.Sending a letter to Mackenzie Hall saying this is your last warning type of thing giving the ref. number and demanding the money back even though i am not within my rights,after all isn't that what they do; i find the idea hilarious i am afraid and can not stop thinking about the idea of giving it a go.

rog2

tutkusmom wrote: »

and just think about it.Sending a letter to Mackenzie Hall saying this is your last warning type of thing giving the ref. number and demanding the money back even though i am not within my rights,after all isn't that what they do; i find the idea hilarious i am afraid and can not stop thinking about the idea of giving it a go.

Sounds good, but have a word with NDL to check your legal status first.

Good Luck.

PAYMENTMUG

Hi all,

Like tutkusmon, I also have been contacted by Mac Hall on several occasions, the first was a while ago and followed the same pattern as evryone else. Letter through the post insisting you get in contact. Being Niaive and having had some money problems in the past i thought that this was another that had managed to catch up with me that I thought had gone. I also have a partner much like tutkusmon (in fact i thought it was her when i first read it), she hates debt and being in debt. We contacted MH and after taking the usual abusiveness, moral highground etc, agreed on a payment plan to get it cleared. After a while we started to get letters and texts offering insisting on contact urgently. These were always about offering a final settlement from 'Their Client' which was for 75% of the outstanding balance. at the time we didn't have the money (or more truthfully, didn't want to pay more than we had to) we offered a lower figure as full and final settlement on the basis that I had already been paying and that on the current payment plan it would take over five years to clear off the debt. They rejected the first few attempts saying that 'Their Client' would not accept less than the 75%, but evenyually agreed provided that I pay within seven days. From what else I have read I wonder if they actually do have any clients or are just buying debt and getting back what they can for it. Anyway, we paid the money and have heard nothing on that debt since. But thinking about it I haven't recieved the letter I asked for stating that the account was closed and that the amount recieved was in full and final settlement, need to chase that up.

Around the time that we started to contact them with the settlement offer, another red card asking for urgent contact with them or action would be taken arrived with a new account number, my partner went ballistic, how could I do this to her again, etc.
I contacted them and spoke to Scott who started of very understanding but quickly changed to a very aggressive, angry call, moral issues came in that i took the money so now had to pay it back etc (which in fairness is true if you exclude extraneous circumstance). they insisted that they must have full settlement within 24 hours or they would enforce with legal action. I did say at the time that the debt must be very old as it would have been with my ex partner and that was pre 1998 but was told that just because it was a long toime ago didn't mean that I didn't owe the monet anymore and 'Their Client' would not wait any longer now they had traced me and wanted payment in full (in excess of £2000. I panicked, this had come out of the blue and I had thought that there was nothing else outstanding. I had also recently done a credit search with Equifax and Experian and they had come back clean, nothing there at all.

after much begging and pleading with them, i finally managed to get them to agree a payment plan for £30 per month and set up a standing order to take effect immediately. I still get regular contact from them by text at least once a month saying ring Gerry Urgently at MH on some number or other. All it ever is is an offer for settlement of the debt by 'their client' at 50% of the outstanding balance, the same client that a few months ago wanted the full amount. I also get asked if I am in a position to increase my payments, which I obviously tell them I'm not.

What they have also told me in the past and I hadn't picked up on until reading the other MH forum is that the payments I am making are voluntary as I have no formal agreement with their client.

My questions to you all are;

1. can i stop paying the existing agreement now with no risk of comeback from them and if so what is the best method of doing so?
2. Can I claim back any or all of the money I have paid if this debt falls under the statute limitations. Again, if so how do I do it.
3. What about the debt I settled already, can I get any or all of that back of is that now properly written off. If I can how do I do that?

your prompt assistance would be appreciated.

Thanks