Advice anyone please...(MH)

Juan90

I originally posted this in an old MH thread but having received no replies I have posted it on its own!

I hope this is the correct place to post this as this relates to MH and friends, and I would appreciate some advice please. Recieved a letter from MH the first week in January this year (2008), although the date on their letter was 29th November 2007 - very slow post! :rolleyes:

Basically the letter said it was a final notice to my wife to pay £1500 by noon on 6th December 2007 to MH for Phonenix Recoveries (UK) Ltd SARL for a debt to an original creditor which was Shop Direct. I rang MH (this was before I found this forum) as neither my wife nor myself had any recollection
of this and we had actually, to the best of our knowledge, cleared all our outstanding debts in 2003 when we had a small windfall. MH said it was for a Great Universal account from the 1990's. Obviously I agreed with nothing and said I would get back to them.

Then the phone calls started, including one from a rather offensive lady who could not understand why I would not give out any of my personal information to someone who rings me out of the blue. We then received a letter from them asking for a reduced settlement offer of £1071. Then they sent a letter for a standing order mandate. I then did some research and found this forum, I sent MH a copy of the letter
posted by file_wizzard (much appreciated :beer: )at the beginning of this thread on the 8th of April by recorded delivery.

The phone calls stopped. We then received on the 28th April a letter from Shop Direct Financial Services quoting a GUS account number and a Intrum Justitia reference, giving us notice that the account was legally assigned to Phonenix Recoveries (UK) Ltd SARL on 27th March 2007, and if we had not made an arrangement to pay to contact Intrum Justia.(It also said do not make any attempt to contact SDFS as regards this - is this normal )

On the 13th May we received a letter from Geoffrey Parker Bourne solicitors as follows:

" County Court Claim No. XDxxxxxx

We give you notice that the name of the claimant has been changed to Phonenix Recoveries (UK) Ltd SARL.

This will have no effect on the case and you must ensure you maintain payments on the account."

Essentially we would like some idea what, if anything we should do now. We have not made any payments on this account in this century and we have had no notification from any County court as regards any case. Any help would be appreciated.

10past6

Hi

I think i've understood you correctly, are you saying the debt is over 6 years old? if so, send the Creditor / DCA the letter enclosed below, send by recorded delivery, also, send a copy to the court, and request the court to have the CCJ set aside on the basis of the letter enclosed:

Your address
Date
Creditor/ DCA address

Dear Sir/Madam

A/c - Ref No:XXXXXXXXXX

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

One more thing, if the DCA / Creditor write back to you stating the debt "Is not statue barred as a CCJ has been granted" then write back to them, stating: THEY MUST TAKE LEAVE OF THE COURT TO ENFORCE THE DEBT.

Juan90

Thanks for your reply 10past6, I will send the letter to Phonenix Recoveries (UK) Ltd SARL, should I manage to find an address for this mythical company (Mackenzie Hall, Shop Direct and Geoffrey Parker Bourne solicitors all failed to supply an address for them so I am trawling the net trying to locate them!!!).

Also no details of any county court action were supplied by Geoffrey Parker Bourne solicitors apart from the XD number so I presume they expect me to use my psycic powers to find out which court, if any, this relates to!:rolleyes:

Thanks once again for your assistance.:beer:

Arlen

After a quick google I have found an address for this company on another site, so I cannot guarantee it is correct:-

Phoenix Recoveries (UK) limited - Phoenix house, C A M client queries, Unit 16, Boundary Business Centre, Boundary Way, Woking Surrey GU21 5DH

And also from another site Fredrickson International Limited = Phoenix Recoveries (UK) Limited but different departments.

lowellcrooks

You'll end up paying nothing. There has been NO CCJ against you, if so you'd have had bailiffs round now for enforcement and and a case No. etc. CLAIM is not the same as judgement! A summons MAY have been issued but if returned to court by resident where you once lived it wouldn't have gone through.
Right, as it is now, they are willing to take reduced settlement, This tells you A. they paid little for the alleged debt, and B. it is Statute Barred and anything is better than nothing. You'll give nothing, they won't reply in 12 days to your 1973 CCA letter you sent, and legally you are then off the hook SB'd or not.
After 12 days simply write and tell them the alleged debt is now legally unenforceable, you do NOT intend to make ANY payments in respect thereof and according to OFT debt collection guidelines they should not now pursue you for payment,OR pass it on or encourage any third-party to either.
If they ring tell them to communicate by letter and hang up.