MacKenzie Hall - Final Notice, please help?!

[Rahl]

On the battlefield , he is within yards of reaching the walls of the great keep of the statute barred . He can choose to engage them in the field now, or delay until he is safely behind those walls and then fire off as many letters as he likes, and hopefully a few holy hand grenades of the FOS as well.

[ODC]

The OP lives in Scotland so the debt would be extinguished after 5 years

[brydonj]

The OP lives in Scotland so the debt would be extinguished after 5 years

 

Is this correct - in that case, should I not be sending the 'prove it' letter but instead the statue barred letter?

 

So far:

 

We've had a letter asking to call - the wife did and asked them to send out more info

We've had a letter asking to call (4th april), which we didn't

We've had a final notice letter (7th april), giving us until noon today to pay in full, which we haven't.

 

I was planning on sending the prove it letter today, recorded delivery (unsigned) but should I be re-thinking this?

Or should I still send the prove it, and if they send info through which shows it's from 2002 (as they advised my wife on the phone) then send the statute barred letter?

 

Thanks again for all your input!

 

JB

[maroondevo52]

Hi,

 

I'd send the stat-barred letter.

 

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Regards.

 

Scott.

 

Bottom six Crap or what ?

[tomterm8]

Personally, I would always send the prove it letter first, and then reply to what they say... but it's a matter of personal choice, there's no real wrong anwer. The prove it letter just has the advantage you give nothing away.

[ODC]

Here is the wording for a Scottish Statute Barred/Debt Extinguished Letter (thanks Rory and the Govan Law Centre)

 

 

Dear Morons

 

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

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

The behaviour of your company is in my opinion a clear breach of Section 2.13/14 of the OFT Guidelines concerning Statute Barred Debts and probably an offence under section 40 (1)The Administration of Justice Act 1970.

I 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.

 

yours etc

[choco]

Hi again JB,

 

Just one more thing, never be affraid of these idiots, they are nothing but parrassites, who will tell you any old lies hoping you will pay up, even if you don`t owe anything. No matter how much you are in debt, you are better than these horrible fools, and there is always a way out. There will always be someone around to help on CAG.

 

All they are interested in is money, they will tell you to get it any way to can to pay up. In short, if they ring and they catch you out, just speak to them however you seem fit. My last conversion with some turb burgler at Crapone ended with me telling to `f*** O** you stupid, irritating little c***, your pis**** me off now, so stop f****** ringing`, LOL, I haven`t heard from them since.

 

Regards

 

 

N.P

 

:lol: Oh my gosh I was cracking up at this!

[N.P]

:lol: Oh my gosh I was cracking up at this!

 

 

LOL, Thanks!

 

Even my girlfriend thought it was funny when she heard. I don`t think the moronic little fudge packer on the other end laughed much though, the poor soul, LOL.

 

Regards

 

 

N.P

[choco]

LOL, Thanks!

 

Even my girlfriend thought it was funny when she heard. I don`t think the moronic little fudge packer on the other end laughed much though, the poor soul, LOL.

 

Regards

 

 

N.P

 

'poor soul' dont feel sorry for them, they drive you to get abusive! nothing short of what he deserved!

[ODC]

The good thing about having MH on your case is that you know you have an unenforcable debt as they are the real bottom feeders who pick up the debts that others have tried and failed with. They seem to be good buddies of that shower from Leeds who specialise in the purchase of unenforcable and Statute Barred debts.

[brydonj]

You guys are the mutts nutts ...

 

Sent off the prove it letter today - just to be on the safe side. Oh, and it will let me toy with them a bit longer, i'm actually looking forward to their reply now..

 

While the wife is insistant it was paid off at the time, I'm not so sure - however it was certainly no later than 2002 so would be statute barred anyhow so I can relax a little bit now.

 

Thanks to everyone for their input so far, it's really appreciated.

[N.P]

Hi jb,

 

Glab your feeling more relaxed about this crowd of empty heads.

 

I think sending of the `prove it` letter was probably the best move if your both unsure as to wether the alleged debt is actually paid. At least they`ll have to furnish you with more information as to what they hell they are actually on about.

 

From now on, just sit back and enjoy the ride. There`s no need to do anything else, untill the next pile of crap drops through your letterbox.

 

No doubt, someone (like me) will be along soon to mock these pathetic excuses of humans and humour us all in our darkest hour, LOL.

 

I`m just waiting for someone little emtpy head, turd burlging knob jockey to ring me again so I can give him/her/it a load of abuse

 

Watching with interest.

 

Ciao for now.

 

Regards

 

 

N.P

[The GodMother]

have fun with these ppl

 

i cant believe they are allowed to do th things they do.

[adamski]

In a funny kind of way i miss the daily threatograms and phone calls

But on the other hand it is kind of peaceful

[ODC]

In a funny kind of way i miss the daily threatograms and phone calls

But on the other hand it is kind of peaceful

You could always play a couple of Rab C Nesbitt tapes:D

[The GodMother]

yeah i hate the fact that we have only had post once this week as we use to get it every day.

[adamski]

im actually looking forward to the next threatogram from, Link, Lowell, Red, Hamptons, Scotcall, Debt Managers, Capquest.

Nothing at all for about 2 weeks i miss them like old friends now, i got a phone call from Lowells and when i asked where my CCA was he siad what! and hung up oh dear oh dear i do hate to upset them

[ODC]

Here is MH's Complaints Officer

 

[The GodMother]

ODC what did i say to u yeaterday.

 

No Making the pregnant woman laugh.

 

Thats about rite does he also have a asbo and drink problem?

[brydonj]

Hello again everyone .. I'm back .. and so are MH

 

Got a letter from MH this morning saying that the debt had defaulted in Feb 03, and I have seven days to pay in full, blah blah ..

 

So, am I right in thinking that as they claim it defaulted in Feb 03, that under Scottish law I can claim it is Statute Barred now?

 

Is there anything I should do before I send off that letter, or is now the time to send it?

 

Anything else I should watch out for, that they are holding up their sleeve?

 

Thanks again peeps for all the advice

[ODC]

The 5 yrs Rule only applies if you live in Scotland. If it was defaulted in Feb o3 then payments were probably stopped a few months before then

[NailPost]

If you live in Scotland yes, send the stat barred letter.

 

If you live south of the border send MH a CCA request. That will force them to find the signed, true copy of the credit agreement (which they probably don't have), a statement of account showing the amount owed and how it was calculated (on their abacus - I don't think so) and their right to collect.

[brydonj]

Apologies, been my holidays, so here's a quick update.

 

Sent off the stat barred letter and got one back a couple of weeks later saying that they would not be pursuing the issue any longer blah blah ..

 

Then, two days later got a letter offering us a deal - we could pay them half of what they claimed was owed and they would write off any further (alledged) debts. I just ignored this letter, and didn't respond given we already had a letter from them saying they are no longer pursuing the case.

 

Got the second letter on the 11th of may, and have not heard anything further from them.

 

So, all in all a very simple resolution to what appeared to be a scary unexpected situation initially. Still don't know if the claim was legitimate or not, however it appears that it's all resolved now.

 

Thanks very much to everyone for their input and advice.

[ODC]

Looks like MH are finally starting to realise about The Limitations Act 1980