DCA Merry-go Round.

[theratboy]

Hi all,

I had an account over seven years ago with barclays which ended up with charges on charges. I informed them to place the account where the sun don't shine as i found them to be more than unhelpful! Month after month i recieved statements coonsisting of only charges which i refused to pay. Barclays sold this debt?? to Lowells, Red, Hamptons and i happened to make the mistake of phoning them to let them know it was all charges and i would not be paying. I was then offered a "very good deal" of paying 50% of the ammount. Having declined this wonderful offer was told that they would be taking me to court where i could put my side of the story over. I said ok bring it on and i'll see you there, of course this two years on has never happened. J B Debt had a go and were duly ignored on all fronts and now its Muck Hall who must by now be running out of standard letters for me to ignore.

Am i right in thinking that this is statue barred, i could only claim bank charges back for the last six years so i'm assuming i can't do that and they in return can't do anything either except more threat-o-grams and it carrying on on the dca merry-go-round

Thanks all.

[noomill060]

When was the last time you paid any money at all on this account?

 

Six years or more ago and the *debt* is SB.

[theratboy]

Hi,

I never have paid anything from when they started adding all the charges which was 2001-2002 at the latest.

Thanks

[clemma]

Then send this letter to whoever is chasing it:

 

Dear Sir/Madam

 

Acc/Ref No

 

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

[theratboy]

It's MacKenzie Hall chasing which i have no trouble ignoring all their letters some are quite interesting reads such as "our client will not hesitate.....", has for the last two years!! I'm wondering if i send the above letter will they just pass on the alleged debt to another dca shower to try their luck?

Thanks

[ODC]

Once a debt reaches Muck Hall it has reached the bottom of the DCA Dung Heap.

 

I wouldnt even waste the spittle on a stamp posting a letter to them. They rant and rave for a while before eventually getting bored and disappearing.

[theratboy]

Thats what i wanted to hear.

Thanks for that everyone.

[theratboy]

I thought that Muck Hall had fallen out with me as i had heard nothing for ten weeks then this morning i have recieved a reduced settlement offer again.

So far i have recieved their perforated field collector letter june last year and i'm still waiting

September the IMPORTANT - DO NOT IGNORE letter with payment deadline

October the Failure to Respond - NOTICE with payment deadline

November another IMPORTANT - DO NOT IGNORE letter with payment deadline

January REDUCED SETTLEMENT OFFER

And

today yet another REDUCED SETTLEMENT OFFER knocking another fifty quid off

Think i'll decline the offer though as the alleged debt is statute barred and completely made up of bank charges but i will be returning their pre-paid envelope with whatever junk and pizza menus etc that come through our door.

[ODC]

I think it is jolly decent of Muck Hall to provide prepaid envelopes to allow people to send their rubbish back to them.

[PGH7447]

I got one off RED the other day, send it back stuffed full of adverts from the sunday papers

[bazaar]

But make sure you do not send the contents of your kittens litter box.

Aparently, some DCA workers are so thick theyve been known to mistake this for free samples of muesli.

Pass the milk please

[theratboy]

Today yet another REDUCED SETTLEMENT OFFER knocking another forty quid off. They can't be many more letters left to come otherwise they will be owing me before long!!

Letter filed safely in my ignore pile.

[deathbycrayons]

If you fancy a giggle - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194415-online-chat-muck-hall.html

[babybear39]

Did you send the SB letter?

[babybear39]

If you fancy a giggle - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194415-online-chat-muck-hall.html

 

If you do this would you mind screen shotting and posting to conversation

[theratboy]

I never sent the SB letter or any other for that, everything has just been ignored as the "debt" is all bank charges and statute barred and by writng to them they may actually see the light and i may save them some money in postage which i really don't want to do.

[theratboy]

Today yet another REDUCED SETTLEMENT OFFER knocking another forty quid off. They can't be many more letters left to come otherwise they will be owing me before long!!

Letter filed safely in my ignore pile.

Spoke too soon, another reduced settlement offer today and another forty quid off. Its now come down from £400 ish to £150 to be paid no later than noon 22 may 2009. As i have ignored everything from them since september last year do they seriously think i'm going to pay the leeches £150 now? I'm thinking not.

[babybear39]

Spoke too soon, another reduced settlement offer today and another forty quid off. Its now come down from £400 ish to £150 to be paid no later than noon 22 may 2009. As i have ignored everything from them since september last year do they seriously think i'm going to pay the leeches £150 now? I'm thinking not.

 

They're sending begging letters now which is always a good sign

 

How long has the account been in dispute?

[theratboy]

It has been in dispute forever as such. I told barclays originally to stick their account which they refused to do as it was overdrawn due to their charges. Every month i recieved a statement from them with another £75 in charges but by then i wasn't using the account and were never going to pay the bank charges. After a few months they closed the account and sold "debt" to lowells who i ignored so then on to jb debt recovery who were also ignored and then to muck hall who i am also ignoring. All have threatened legal action which hasn't happened as i would gladly go to court. I have never informed any dca of a dispute as i enjoy them wasting their money and their letters don't bother me at all.

[babybear39]

It has been in dispute forever as such. I told barclays originally to stick their account which they refused to do as it was overdrawn due to their charges. Every month i recieved a statement from them with another £75 in charges but by then i wasn't using the account and were never going to pay the bank charges. After a few months they closed the account and sold "debt" to lowells who i ignored so then on to jb debt recovery who were also ignored and then to muck hall who i am also ignoring. All have threatened legal action which hasn't happened as i would gladly go to court. I have never informed any dca of a dispute as i enjoy them wasting their money and their letters don't bother me at all.

 

I like your style with them, although it may be a good idea to formally dispute the account as this may eventually end up in court therefore you would need to prove you'd put in a dispute

[Nottsdave]

good for you Ratboy, treat them like S**T its what they deserve.

 

 

Notts

[babybear39]

[theratboy]

I like your style with them, although it may be a good idea to formally dispute the account as this may eventually end up in court therefore you would need to prove you'd put in a dispute

Would i need to dispute as all the bank charges (unlawful charges?) are over six years old so statute barred.

[babybear39]

Oh, if it's definately SBd just send the SB letter and then if they or someone else begs again report them to the OFT

[theratboy]

good for you Ratboy, treat them like S**T its what they deserve.

 

 

Notts

I do enjoy a bit of fun with them. Once again their pre-paid envelope is winging its way back to them empty just so i can cost these leeches a bit more money.