Advice about j2 solutions/mackensie hall

barker1702

I'll try to make this as short a story as possible but any help you can offer or advice you can give will be very much appreciated.

Several years ago whilst at University I got myself into some financial difficulties but moved around the world, got married and when I returned to the UK I just forgot about the debts I had thinking if they didnt know where I was they couldn't do anything - stupid I know but I guess I'm not the only one thats thought that!

Anyway - a few days ago a company called J2 solutions started calling and also calling my neighbours trying to establish if I lived at my current address. My neighbours woldnt confirm that I did and I refuse to give them any information unless they tell me who they are etc which they wont they just say its a personal matter.

At the weekend I received a letter addressed to the occupier of our house asking for details of my whereabout and have had daily calls from them even though I keep telling them 'I' dont live here - Im not prepared to discuss this over the phone so wont admit that its me.

Today I received a letter from mackensie hall saying they have been instructed by their client to recover this overdue account and to call a number otherwise they will take further action. It doesnt say who the client is, who I am supposed to owe or how much for that matter.

I then got a copy of my credit files which shows 2 defaulted debts from uni years which narrows down why they want me. One was an account that I stopped using in 2002 but was defaulted until Aug 2003 which means I am still within the 6 years so would have to pay back the debt - am I right?

What do I do next? do I send them the CCA letter? Ignore their calls letters?

Any advice is greatly appreciated - I have a newborn baby so I could do without the stress!!

RAS

Debts that are older than 6 years cannot be pursed in the courts, they are know as statute barred. There is nothing to stop the creditor asking you to pay.

The relevant date is the one on which you last paid or other wise acknowledged your debt in writing, not the date of the default.

MH are well known here for buying debt that is statute barred or about to become so.

J2 solutions are breaking rules contacting you via the neighbours. I assume that you are in the electoral roll and your current address is on the credit check, so you are not delibarately hiding? When they speak to you, that does not re-open the 6 years, the acknowledgement has to be in writing from you.

I would recommend ringing the OFT help-line to establish what is and is not OK regarding their behaviour. Get them call barred and keep a log of all atempted contacts.

barker1702

Thanks for this - I haven't used the account since summer 2001 and have not heard from them since then or acknowledged the debt so assume it will be statute barred although it may refer to one that isnt.

Do I acknowledge their letters with the CCA/Statute barred letters on here or do I ignore them? I have read conflciting advice on other threads so want to know what I should do.

RAS

if you have not used that account in over 6 years, then it should be statute barred, as long as there is no CCJ against it.

Will find the letter for you.

RAS

nicked from fermi

Have a good read through the information in the factsheet linked to below:

Factsheet | Liability for Debts and the Limitation Act

There is even a letter to send stating that you will not be paying the debt as it is statute barred.

National Debtline are free and impartial, so if you need some reassurance regarding your position then a chat with one of their advisors often helps.

barker1702

What if it isnt statue barred as I cant be certain of when I last had any dealings with them - do I just send out the CCA letter first?

I have read many things about Mackensie Hall chasing tertairy debts and to just ignore them - what do you think?

barker1702

Bump for advice please as Im not sure where I stand. I have read that Mackensie Hall are just chasing their arm and the advice given to some other members was to sit tight and do nothing - but I dont want to do that if its the wrong thing and I cant be sure that it has been over 6 yrs although I think it has - do I send the CCA letter?

fermi

The important date is when you last acknowledged the debt in writing or by making a payment.

You say that that you hadn't used the account(s) since summer 2001. Did you acknowledge the debt after that?

Was this a credit card, a loan, or a student overdraft?

barker1702

One could be a student overdraft that I last used in summer 2001 at the latest and had no communication at all since then. The other could be overdraft and cc used last in 2002 which is listed on my credit report, Mackensie Hall wont tell me what they are phoning for and I wont enter into telephone conversations with them or write back until I know where I stand.

fermi

If you don't know which debt they are chasing it's difficult to say whether to send the CCA request or statute barred letter. You have no account details to reference for starters.

The overdraft sounds as if it is Statute Barred, while the credit cards are probably not yet.

But whatever you do, DON'T ring them. They are a pain on the phone and will lie and say anything to try and intimidate you.

If you really feel you need to contact them rather than "sit tight" I would send a generic "bog off until you prove I owe you anything letter".

If they then provide any details you can work out what is the next course of action.

Your address
Date

MH's address


I do not acknowledge any debt to you or any other company or organisation that you claim to be representing


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 Mackenzie Hall or any client of yours.

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. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt constitutes deceptive/and or unfair methods, so I expect no other communication until you can provide details of the alleged debts in writing.

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 either closed, or full details of the alleged debts. 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





Mr A N Other

barker1702

:beer:
Much appreciated. I think for the minute I will just sit tight for a while and see if they let me know which debt they are chasing first before I do anything. Is this the wrong thing to do?