DarkNova and Old Debt

[DarkNova]

Morning Folks

 

I have a query...

 

I recently recieved a letter from Mackenzie hall acting on behalf of cabot, now I recently was contacted by cabot about a debt for £953, so I asked cabot to clarify whothe debt was for and from when, cabot repeatedly ignored my contact but continued to write to me, despite my contacting them and informing them I required clarification, so I finally contacted them telling them that if they did not furnish me with detais I woud enter into no more contact. That was almost a year ago, so now this letter from mackenzie hal who in fairness replied to my email and said the charged off date was 2003, now as far as i'm concerned I never once accepted liability for this debt as I didn't recognise it, and cabot never sent me the detais i needed.

 

Woud I be correct in considering this debt as statute barred?

 

Cheers

 

Additional

 

I emailed them and asked for a copy of the original credit agreement they replied.....

 

Thank you for your reply. I have contacted Cabot Financial and requested a copy of the original agreement to be sent to Mackenzie Hall.

Unfortunately I can’t guarantee this will be available due to the age of the debt but we have requested this anyway and will keep you updated.

 

Should they even be pursuing this if they don't have that?

Edited April 24, 2009 by DarkNova

[slick132]

Hi Dark Nova and welcome to CAG,

 

Please confirm if you're in Scotland or not - this thread was specific to Scotland.

 

We can then start you a new thread in the right forum.

 

They will pursue a debt, even with little or no paperwork - until challenged

[DarkNova]

Howdy Slick

 

nd thanks for the welcome, yeah I am in Scotland. I had a feeling they might but are they really suposed to?

 

Ta

 

Nova

[slick132]

Moved your posts into your own thread.

 

The DCA's will try anything if you let it go unchallenged.

 

See what they come back with. And warn them off if they continue to make demands in the meantime.

[DarkNova]

Howdy again :grin:

 

They have told me that they have put my account on hold until they get a response from cabot, but I was under the impression they shod aready hold these details.

 

NOVA

[IdaInFife]

so you haven't made any payment in over 5 years? if so send them:

 

Dear Sir/Madam

Acc/Ref No 4563210025897412

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 subsisted 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:"

I 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 acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact 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.

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.

I look forward to your reply.

Yours faithfully

Mr A N Other

 

ida x

[DarkNova]

Hey All

 

UPDATE

 

I recieved a letter from a Mackenzie Hall (after a considerable wait) which contained what appeared to be a badly photocopied credit agreement.

 

I still have no recollection of this and the debt is from back in 2003 which is obviously statute barred. However I emailed them informing of this and got a reply saying that I had made a payment on 25/10/2004. I did reply informing him that I do not recall the debt and will not formally acknowledge it asking for details of any payments I had made and any correspondance. I got another email stating "I have supplied all information I am required to supply regarding this account(signed application)" and that if i think the signature is fraudulent to contact the police. However this is not what I said, I simply said I don't recall it, which could just as easily mean that I cant remember eight years ago filling out this application.....

 

Now I would assume it is their responsability to prove that the debt is not statute barred am I correct?

 

Now he states he has sent me a letter about the next steps to be taken in resolving this debt, the upshot is it enters statute barring on 25 October so should I just sit back and see what they do as to regards of enforcing and are they required to provide me details of the payment they claim I made?

 

Thankees

 

Dark Nova

[slick132]

Their response, when you asked for detail or proof of the pay't made which was, "I have supplied all information I am required to supply regarding this account"

I suggest you now do nothing and leave them to prove that any payment was made in October 2004.

 

Ignore any calls or letters, unless from the courts.

[DarkNova]

For reference I am pretty sure I have made no payment, and as I asked for information they hold onme which was basically refused, I am sorely tempted to no longer communicate with them until they pester me again at which point to send an SAR, which I believe they must comply with. This has been outstanding for some time and they have ignored my requests for quite some time then this,so to be honest i'm not inclned to do them any favours. Does this sound like a reasonable stance?

 

NOVA

 

Posted as slick posted lol

[slick132]

Haha,

 

Looks like the plan is to do........

 

 

.............nothing !!

 

They may try and whack in a court claim before this goes 5 years past the alleged payment. If this happensyou should either SAR them or use whatever is the Scottish equivalent of CPR 31.14.

[DarkNova]

Just what I like to hear, as I am a naturally lazy people

 

NOVA

[postggj]

the phantom payment strikes again

 

it amazes me how meny dca cant say how it was paid

 

ill lay even money its a quid that been credited

 

cretins

[DarkNova]

Evening all

 

Another update,

 

received another letter today, the standard despite repeated attempts........ We may need to instruct our clients to seek court action..... Which is just a general letter we have all seen except with my name at top

 

Now I have asked for details of the last payment and was told they don't need to give me them, however i'm pretty sure under the Data Protection Act any data they hold on me including account history should be available to me on request, but ho hum.

 

Should I just continue with my previous philosophy of silence now that they are refusing my requests for information?

 

NOVA

[slick132]

Hi DN,

 

Yes, I think in this case, your best plan is to say and do nothing for now.

 

[DarkNova]

Hi Slick

 

I thought as much

 

I can do that. In fact im pretty good at it

 

NOVA