How far back can Barclaycard go?

countrygal

Hi
I wonder if any of you can help me, a couple of months ago I got a letter delivered to me which was addressed to my previous address (only across the road) it was from a debt collecting company called Mackenzie Hall, asking me for a debt of £216 for a Barclaycard.
I was confused because I haven't had a Barclaycard for about 19 years and I haven't lived at that address for 13 years. So I tried to call the number and it wasn't recognised so I ignored it thinking it was a scam.
I then got another letter which I ignored.
Today I got another letter threatening to take further action, so I called it again and got a horrible debt collector who immediately tried to catch me out as I said I don't have a BC, then I said well not for 20 years and he just went for me telling me I had lied, he said the debt was outstanding from 19years ago and I had broken the law by moving and not informing BC where I had moved to. He was awful with me.
Anyway I asked if he would accept an offer of £50 to clear it and he said no but would accept £156. I said I could n't afford that - he asked for my new address when I said I wasn't prepared to tell him until I found out whether they could still recover such an old debt - he said he would get tracing agents onto it and would charge me for the extra cost.
HELP??? What should I do?
I know some of you will say 'tough pay up' - but are they still entitled to after all this time? - it was accrued at a really tough time of my life which I'd prefer to forget and it has brought back all my fears from years ago.
Any advice gladly received.
Many thanks
CG

Larumbelle

No, they are not entitled to chase the debt. It is statute barred. DON'T PAY A SINGLE PENNY or you will reactivate the debt.

Once you send them a letter stating that you are not going to make a payment they have to leave you alone.

Something along the lines of this should do the trick. Send it recorded so you can prove they've received it:

Dear Mackenzie Hall

With reference to your letter dated **/**/****

I am writing to inform you that, as the debt referenced ********* is statute barred, I decline to make payment.

Therefore, I will report any further attempt to claim this debt, by yourself or by any other organisation you appoint, to be in breach of the Office of Fair Trading's debt collection guidance, and will write to both OFT and Trading Standards explaining why I believe you to be unfit to hold a consumer credit license.

Furthermore I will take legal action against yourselves for harrassment contrary to section 40 (1) of the Administration of Justice Act.

Yours Etc.

itsnever2lateisit?

Not MH again:rolleyes:

The person you spoke to is all mouth, no trousers, and is a perfect illustration to everyone why you should never talk to these people on the phone. They have tried to bully you to pay, you offer them an inch, they want a yard, if you try and meet that offer they will want a mile.

HOWEVER this alleged debt is 'Statute Barred' under the provisions of the Limitations Act 1980. There are template letters on this board (I'll have a look in a mo) which you should send them recorded delivery which tells them this fact. Once this letter is with them they should not contact you again, to do so would be unlawful

MH have bought this 'debt' for a pitance and stand to make a huge profit from preying on you in the hope that you are unaware of your rights


*edit* Silvercharming has done it
They should go play in a busy street

Gale_10

Hello

MacKenzie Hall are lowlife scum, the worst of the worst really.

Your debts are statue barred, they cannot legally chase you for them.

DO NOT PAY THEM ONE PENNY.

They will try and tell you anything to make you pay up because they bought that debt for pennies and they specialize in scaring people into paying.
They will tell you that you offered money to pay the debt thereby acknowledging it - but legally acknowledging only counts if you actually pay them or acknowledge it in writing.
Please please do not worry about this at all. If you do a search on this site for MacKenzie Hall you will see what shysters they truly are.
I will go and find you a template of the letter that you can send them, and you will hear no more from them. If you do you can report them to various organisations for harassment.

I will return in a moment...........

Gale

Gale_10

Oh sorry nevertoolate, our posts must have crossed. Great minds huh!

Gale

countrygal

Wow thank you guys - I can't believe how quickly you have all responded and put my mind at ease!
I will send the letter tomorrow no delay.
Bless you all and thank god this site is here to help numpties like me!!!
CG xxxx