Confirmation needed

[freedom-from-sanity]

After 9 years of running scared from the debts left after my divorce (yes that old chestnut again) i have recieved a letter from Mackenzie Hall saying that they are trying to recover money owed to CABOT. Who ever they are. Having read about the 6 year satute on this web site am I right in believing that they have no right to get in touch and certainly no right to claim any money. I havent been in touch with any of my past creditors since December 98.

I re-married last year and I dont want the mistakes of my first marriage to damage the second.

 

Any advice is good advice.

[Michael Browne]

See Letter M here:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[tiglet]

As long as it isn't a mortgage, if you haven't made a payment or acknowledged in writing in six years, then no - send the template letter above and post back if you get any further correspondance.

 

A further point - NEVER phone MH - I would recommend continuously banging your head against a wall while inviting a friend to shout abuse at you instead - it's pretty much the same effect.

[freedom-from-sanity]

It sounds pathetic for a guy my age but I did phone them and they told me that because I basically hid my head in the sand for 9 years and didnt dispute the debt then the 6 year thing doesnt apply. Ive been shaking all day. Im sure it isnt true but I cant help thinking what if it is. Is there any such exceptions or am I just been a big baby.

[BrandiBroke]

No, the only way they'd get round the statute barred rule is if you'd acknowledged the debt IN WRITING or made a payment within the last six years. Please don't worry yourself over it, they're just doing their best to scare you into paying. Charming eh? Just send them the letter above and go from there. There's lots of clever folk on here who'll advise you if they don't crawl back under the rock from whence they came.

 

And by the way, you don't sound like a big baby, you're only human lol Don't let them get to you any more! And no more phoning them!!

 

Good luck

[tiglet]

Yup - they told me I'd committed a criminal offence - bowlarks. Tomorrow, phone Alan Stewart at East Ayrshire TS and report them - that generally gets them off your backs.

 

You're not a baby - I was just as worried and shaking, that's why I said never phone them (again).

[freedom-from-sanity]

Cheers, it's great to finally talk to people who know what its like.

Much appreciated my friend.

[tiglet]

Any time - let us know how you get on with Trading Standards.

[freedom-from-sanity]

Just read this on another website, its a little worrying as when I phoned them (stupid me) I told them I just walked away from my deacying marriega and all that was with it (ie, debts)

 

When a Creditor can pursue an unsecured debt.

 

A debtor may think (or hope) a creditor has written-off a debt if they have not heard from them for a long time. This may be because of failure to tell the creditor of address changes. The debt still exists and creditors are entitled to chase payment indefinitely.

Creditors can pursue an unsecured debt if:

• There is a CCJ outstanding against the debt.
  
• Payment to the account has been made within the past 6 years. This includes from other people named on the credit agreement.
  
• Contact has been made with any party named on the credit agreement. This can be by telephone, letter or email in order to request a balance or change details. An exception to this is contact for reasons to deny the debt exists.

this is the link

Limitation Act and Unsecured Debts - Free Advice and Help

 

Im sweating again!!

[Michael Browne]

Im sweating again!!

No sweat, for nine years you haven't contacted them, haven't acknowledged the debt (in writing) nor made any payments. They're pi**ing in the wind.

[pt2537]

No sweat, for nine years you haven't contacted them, haven't acknowledged the debt (in writing) nor made any payments. They're pi**ing in the wind.

Absolutley, i guess they have rather wet trousers by now:D

[Brassed off]

Hi Freedom

 

Just looking in as I followed your post from the Welcome Forum.

 

If it's gone to Mackenzie Hall, then it's definitely the end of the game. Mackenzie Hall specialise (along with/in co-operation with Lowells;)) in extremely well Statute Barred debts. Unfortunately, many non-Caggers may well panic and pay up anyway - but that's exactly what they're counting on

 

Get letter M sent off ASAP and let us know what happens

 

Absolutley, i guess they have rather wet trousers by now:D

 

No sweat, for nine years you haven't contacted them, haven't acknowledged the debt (in writing) nor made any payments. They're pi**ing in the wind.

 

Now then boys, behave

[freedom-from-sanity]

heres the deal I stupidly called them and and admitted to having this debt 9 years ago so has this started a new 6 year run.

However reading afew websites and I get the general idea that though they can chase you after the limit has run out and even if a new 6 year run begins, they cannot use the law to try and get the money. Am I reading this right.

heres what I read.

In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

 

Ive read this on a few web sites.

What do you all think?

Im still gonna send them an email requasting a cca though.

[pt2537]

heres the deal I stupidly called them and and admitted to having this debt 9 years ago so has this started a new 6 year run.

However reading afew websites and I get the general idea that though they can chase you after the limit has run out and even if a new 6 year run begins, they cannot use the law to try and get the money. Am I reading this right.

heres what I read.

In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

 

Ive read this on a few web sites.

What do you all think?

Im still gonna send them an email requasting a cca though.

 

once the 6 year period has passed without acknowledgement of the debt or payment of it, the debt is statute barred and does not become unbarred. therefore if 6 years has passed, its game over, they can ask you to pay and you tell them to go away. if they then pressure you, it is against the OFT rules on debt collection

[seabro]

It sounds pathetic for a guy my age but I did phone them and they told me that because I basically hid my head in the sand for 9 years and didnt dispute the debt then the 6 year thing doesnt apply. Ive been shaking all day. Im sure it isnt true but I cant help thinking what if it is. Is there any such exceptions or am I just been a big baby.

 

So they are lying for financial gain.

 

Blatant fraud if I am not mistaken. How on earth do they get away with it.

 

If the shoe was on the other foot and you lied to get a credit card you would be hauled into the police station / court.

[tiglet]

This change of address thing is something MH seem to truck out at every opportunity. Hang on - you didn't know you needed to contact them, they have managed to trace you now and so should easily have been able to trace you in the past, so why haven't they?

 

From my understanding from TS, they can only use this argument if you moved abroad without notifying anyone of change of address - otherwise, the 6 year statute of limitations applies because the DCA's have not made any or enough effort to trace you in this time-frame.

 

legal bods, please feel free to correct me.

[pt2537]

This change of address thing is something MH seem to truck out at every opportunity. Hang on - you didn't know you needed to contact them, they have managed to trace you now and so should easily have been able to trace you in the past, so why haven't they?Exactley right!!!!

 

From my understanding from TS, they can only use this argument if you moved abroad without notifying anyone of change of address - otherwise, the 6 year statute of limitations applies because the DCA's have not made any or enough effort to trace you in this time-frame.

yes quite correct however i might add that if it can be proven that you have persistently moved to avoid being found then they may have an arguement to stop the application of the Limitation Act as i understand it

 

legal bods, please feel free to correct me.

...

[freedom-from-sanity]

Just a quick questio this time. The debt is for an old barcley card so is there still a CCA to provide or do they have to supply a copy of the application form.

[tiglet]

If you send the CCA request in the proper format, with the appropriate fee, they need to provide you with a CCA.

 

However, I think you shuld stick with the statute barred route at the moment, unless any of the above Paul and I said applies to you.

[freedom-from-sanity]

Well it's been a while but after ignoring (or not reseaving if you give them the benefit of the doubt) the first letter (m) they have made contact again. This time demanding i get in touch within 7 days or they will send out field agents (people who knock on youre door demanding to speak when they have no legal rights what so ever). Im sending letter m again and maybe letter n as well. Its strange but I realy dont mind paying if i have to, I just hate the way companies like these deal with people so Im putting up a fight. Looking at the OFT website I think the field agent letter is against the fair trade guide lines so Im keeping it safe for now.

[tiglet]

Get in contact with TS and ask them to get this shower off your back for you - it's statute barred, they can go whistle.