mackenzie hall - is it just scare tactics

Quite_worried

Hi everyone, hopesomeone can help or at least provide an answer.
A couple of weeks ago I received a phone call from J2 Solutions whilst I was at work they left a message on my answer machine asking them to call, they then sent a text message to my home phone, my wife rang claiming not to know anyone of that name, long story cut short I rang back and was transferred to mackenzie hall. I was told that they were acting on behalf of their client for a debt going back to 1994, which was defaulted in 1995. (The night I received the answer machine message I searched under J2 solutions and found some info with regard to statute barred debts.)
Upon speaking to the representative from mackenzie hall I found her to be very rude, abrupt and would not let me speak, she informed me because I had admitted the debt it was still be be repaid. I received a vey nice letter from them dated the 31st jan basically informing me that I had to pay the debt and their client was unaware of any legitimate reason for non-payment.
I received a "final notice" today dated 13th feb saying the same, then later on my wife took a phone call from mackenzie hall, the person on the other end told my wife that I was hiding behind her, I was actually at work.
I rang them back and told them that I believed the debt to be statute barred as the default notice went back to 1995, I was then told because I had moved and concealled my address from their client that the debt still had to be repaid. I was still at the same address for 3 years, this is the first contact from anyone in at least 13 years about this debt, in the past 2 years I have received my credit file and their was nothing on it about a CCJ for this debt.

Sorry it is so long winded would just like some advice please guys, am I doing the right thing, I was actually going to send the statute barred letter I have read about

Quite_worried

Not sure if this is the correct place for this thread, if not I do apologise

G-G_4

I would not speak to them or write anything anymore!

You are quite correct in what you say and as long as there is nothing in writing where you admit to your debt then they don't have a leg to stand on.

Have you ever written to them at all? Have you admitted the debt over the phone?

Good Luck x

Quite_worried

Thanks for the quick reply, no i have never written to anyone with regards to the debt, think I might have admitted it over the phone but from what I have read this does not constitute admittance is this correct?

G-G_4

I don't know for definite, but I shouldn't think that admitting to it over the phone would constitute a contract as such. You could deny you admitted it, and unless they record the phone calls, which even if they did they can't prove it's you.. So you should be ok.

I'm sure someone more knowledgeable will be along soon enough

RAS

If you lived at th same address for three years, you were hardly hiding were you? Presumably you were on the electorla roll in years after that?

MH specialise in buying up very old debts for very little money and trying to get people to pay out.

They are legally entitled to ask you to pay, but they can do nothing if you refuse letter coming up.

make sure you use the section on the Data Protection Act as you can complain to the Information Commmisioner about them keeping records after you have indicated that they should remove them. More effective that the OFT.

jacs76

do a search on the forums for 'statue barred' i don't know how to do links etc but there is loads of information and template letters.
you are well within your rights to ask them not to call you and that you will only communicate by letter.
do not enter into any telephone conversation with these people!!

Numpty_Monkey

I'm sure someone more with more more knowledge about this will be around soon,

Have you sent them the "statute barred" letter?

Make sure if you do write to them you never use your own real signiture

P.s. and welcome to DFW

RAS

Nicked from fermi as ever

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.

They only have six years to add anything to your Credit Reference Files, so if the debt is "Statute barred" you should not get anything adverse recorded on them.

RE acknowledgement

They will suggest that speaking on the phone counts - it does not. Acknowledgement has to be in writing, from you to them.

Next, please do not phone them again. This just encourages them and givs them opprtunities to harees you. There is a letter requiring them to communicate in writing only, if you need it.

And expect them to keep trying to a while. Do not reply. Just report them.

stapeley

Just to echo above advice . I write stating that any more calls from them will be classed as harassement. Take notes of any calls ,times etc , and report them .

Quite_worried

Many thanks for the quick replies , so much info in such a short space of time, thanks again