I Hope I've not Made A Boo Boo

needtosave1977

Please can anyone advise as to what I can do regarding the following:

About 6 months ago I had a call from a company called Mackenzie Hall saying they had been passed my file from Cabot ltd for recovery. They were very rude and saying all sorts of things about court/prison etc if I didn't pay them.

The amount owed was £5000 from my stupid University days on a credit card. My parents paid an initial £800 and for the last 5 months or so I've been sending them £65-75 depending on how much I can afford.

I have subsequently discovered something called 'statute barred', there was a gap of more than 6 years from my last contact with the Credit Card Co, I at no time in between acknowledged the debt or made any payments!

Does this mean I've paid M/H £1,200ish for nothing? Can I stop sending them money?

Many thanks in anticipation

PS: whilst i've got you're attention

I have another debt (stupid I know) that i think would be very close to the 6 year limit. Is there any way i can find out if it qualifies? Would they lie if I rang them??

Thanks

elantan

just bumping this up for you ..hope you get some help soon ...i would offer but i aint any good at those things

itsnever2lateisit?

Once 6 years have passed without payment or acknowledgement it is Statute Barred in the meaning of the Limitations Act 1980 provided that there is not a CCJ registered. Once a debt is statute barred it is forever statute barred. You would need to write to MH stating that as the debt is statuted barred you will be making no further payments. MH are not going to take that lying down so be prepared for an onslaught from them possibly claiming that as you have made payments you have magically 'unbarred' the debt. It will all be twaddle trying to cause you to give in and pay up. As for getting your money back, it has been done but its a long haul and you will have to be like a dog with a bone.

As to your last point, check your credit file

GeorgeUK

I would say if nobody was chasing you for a debt - leave it alone until someone does get in touch. No point in tempting fate.

Just because a debt becomes statute barred does not mean it magically goes away - as you have found out. The debt is still valid, but cannot be enforced through the courts meaning the debtor is not obliged to pay.

You can stop paying the debt if you wish - and are sure there was a 6 year period where no payments were made and there was no written acknowledgement of the debt.

More detail on the limitations Act
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

I think weller may have got money back, but not sure it was based on law - they may have just wanted her to leave them alone

Hopefully others can advise.

fermi

GeorgeUK wrote: »

I think weller may have got money back, but not sure it was based on law - they may have just wanted her to leave them alone

She did. But as you say there is no provision in law to claim back the payments.

You can try your luck, but you can't recover them by any legal means.

needtosave1977

thank you all.

A letter is on its way to MH as we type! I'll let you know what they say.

In hindsight I always felt it was a bit odd they never put anything in writing? The only letters I get from them are discount settlement letters.

needtosave1977

one other thing,

I've checked my credit file with Experian and Equifax and have no defaults, CCj's In fact the only thing on there is linked addresses?

maninthestreet

Surely the debt has been acknowledged by the OP, due to the fact they have been sending payments to M/H up until very recently?

fermi

The original default on the account(s) and the details of the account can only remain on your Credit Reference Files for 6 years from the original default date.

So any details that were recorded regarding them would have already disappeared as they should.

fermi

maninthestreet wrote: »

Surely the debt has been acknowledged by the OP, due to the fact they have been sending payments to M/H up until very recently?

If there has been a period without acknowledgement or payment for six years then the debt is "statute barred".

Any acknowledgement or payment once the debt is "statute barred" does not restart the limitation period or mean the debt is no longer "time barred".

needtosave1977

thank you all so much.

With regard to the other debt, is there any way of finding out if indeed it is statute barred? My record keeping in those days was non-existant.

I have written to them asking for a copy of my original agreement (with £1 cheque for both). What happens if they don't provide a copy?

Thanks again