Mackenzie Hall Issue / Advice Needed

Trigger2007

First of all let me say first class forums and excellent advice being given. Ive spen most of the afternoon reading, and just decided to post as an Issue has arisen.

I've just got home today, and rec'd a Mackenzie Hall - Attempting to contact letter! I hadn't heard of Mackenzie Hall and did a search, which came up with a lot of information, of which a lot was negative towards this company and its techniques. I have always been fairly careful with credit after getting into issues as a teenager, and after paying a bad debt of around Apr 2007, thought I was clear.
I have checked my credit (Equifax/Experian) up until that time, to ensure that the clearing had showed, which it did. And my Credit report was fairly clear, and I was given a fair rating which has been steadily growing. I have a bank credit card, and a sperate charge card all of which are paid on time.

When I realised who MH are, I did another check on Equifax, and it showed that another credit card that I may not have paid back in 1993, had just registered a default against my old address (Not new as I have moved 3 yrs ago) in May 2007. This was not present when I was sorting my debts in early 2007!

Putting 2 and 2 together, I think that this is what Mackenzie Hall is pursuing?

I haven't contacted anyone at this stage, the debt is £1,500. I can't remember if credit card company had registered a default previously or any ccjs, my credit report shows no ccjs?

I'm looking for some advice on how to handle this, I have heard that MH are not nice to deal with, and also that there is clauses with debts that have not been challenged over 6 years time (1993 - 2008) is a little longer than 6 years.

Any advice greatly appreciated.

RAS

That sound like an MH tactic.

Unless a CCJ was registered against this debt, it became statute barred 6 years after you last paid or acknowledged it in writing.

The debt still exists but the courts have decided that it is not fair for a creditor to chase a debtor after such a time lag and would not enforce the debt if it wnet to court.

Will be back with a letter for you to send.

RAS

Have a look here (ta rog2)

Check out the following link:

http://www.nationaldebtline.co.uk/en...limitation_act

If you are happy that your 'debts' meet the criteria, then simply send them the template letter.
They will, obviously, try to tell you otherwise, but they will be unable to pursue a 'statute barred' debt through the courts.
If they continue to 'harrass' you, report them to the Trading Standards as they will be acting in direct contravention of the OFT Guidelines for Debt Collection:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Trigger2007

Thanks for the info!!

I was thinking if it was a tactic of the credit card company not to register a ccj, until a later date, can they now register one, and then enforce it?

We are talking a lot of years difference here, but I was really surprised to find a default issued on the account, albeit at the old address?

MH have not said anything of the debt, just that they are trying to locate me?

shinyhead

That letter from MH is just a start. DO NOT phone them. Only send the letter that RAS has supplied the link for. If this does date back to'93 and there's no CCJ against it then it's well past its 6 year sell-by date. I take it there was no mention of a CCJ when you checked yourself?

Even after you send the letter they may still try and persue you- they're like that. Just remember it's up to them to prove it.

RAS

trigger

You need to separate a default in your credit record from a County Court Judgement probably by the original creditor.

Certainly, after 6 years, issuing the default would be out of order and one the statute barred letter denmands that they remove it.

Your startign point is to send the statute barred letter, and once they come back, to demand they remove the default.

Trigger2007

Ok, so do I send the statute barred letter to HM, or the original lender?

At the moment HM, havent even mentioned a debt, its only with me checking my Credit Record, I am guessing what they are up to?

My equifax credit report is showing no CCJ's registered against me.

By the way, thanks for the help on this.

AGB863

If the debt is over 6 years old MH are "trying their luck" and assuming that you would not know that the debt is statute barred.

If you send any letter send it to MH as they have mostl likely purchased the debt for a few pence.

Do not sign your name on the letter - but print it.

shinyhead

AGB863 wrote: »

If the debt is over 6 years old MH are "trying their luck" and assuming that you would not know that the debt is statute barred.

If you send any letter send it to MH as they have mostl likely purchased the debt for a few pence.

Do not sign your name on the letter - but print it.

Good advice here

Trigger2007

excellent, out of curiosity, why print rather than sign? Excuse me here, but this is quite new to me.

fermi

Trigger2007 wrote: »

excellent, out of curiosity, why print rather than sign? Excuse me here, but this is quite new to me.

MH also often chase debts that are unenforceable because there is not a valid credit agreement. It has been known for companies like MH to use your signature off one one of your letters to "mock" one up. I'm not kidding.:rolleyes:

So it's best not to let them have a signature when they don't need one. If this debt is Statute Barred then it shouldn't matter, but you can't be too careful with companies like MH.;)