Mackenzie Hall

[aTaxiDriver64]

Hi all i recieved a letter last week from this ****, i rang them today to see what it was about gave them ref no. and security Qs, turns out to relate to a RBS credit card from 1998ish last action 2001 not been in contact since then according to them.

Any way didnt acknoledge debt on phone but just said that it would be statute barred any way, she said that because i didnt give RBS a forwarding address this isnt the case, is this right? do i have to tell them if i move?

Also she said if this is the case i should write to them stating the fact it is statute barred.

What do you think?

 

ataxidriver64

[mr.ton]

It is statute barred - end of.

Tell them to get lost & report them to the OFT/trading standards.

[cerberusalert]

Also see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196518-last-oft-starts-act.html

[aTaxiDriver64]

It is statute barred - end of.

Tell them to get lost & report them to the OFT/trading standards.

As i thought, thanks for the quick reply, do i do it in a SB letter or a letter telling them to FO lol

 

thanks

ataxidriver64

[DonkeyB]

What they say is utter bull and is devious, in my opinion - it breaks the OFT collection guidelines. MH are in deep trouble with the OFT, so make sure you complain long and loud.

[ODC]

Send them this

 

Dear Cretins

 

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 lead to a prosecution under the onsumer Protection from Unfair Trading Regulations 2008

 

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

[mr.ton]

I wouldnt bother writing to them or phoning them quite frankly.

Just report them to the authorities like i said.

[ODC]

I wouldnt bother writing to them or phoning them quite frankly.

Just report them to the authorities like i said.

 

It makes the complaint better Mr Ton though if you have told the Kilmarnock Cowboys in writing that the debt is Statute Barred

[aTaxiDriver64]

Hi thanks i wont bother contacting them again, i will just report them, I have some current debt to sort so cant be bothered with SB debt, but i will lodge a complaint with the OFT, i will just wait and see if anything else comes from them as now i have confirmed my address to them.

 

thanks

 

ataxidriver64

[aTaxiDriver64]

It makes the complaint better Mr Ton though if you have told the Kilmarnock Cowboys in writing that the debt is Statute Barred

Didnt see this before my last post, does make sense to send SB letter, better grounds to complain if they continue persuing it

 

ataxidriver64

[Kraken1]

It makes the complaint better Mr Ton though if you have told the Kilmarnock Cowboys in writing that the debt is Statute Barred

 

I second that. Write to them first and if they come back to you, contact the OFT.

[aTaxiDriver64]

Hi i have done the letter using the SB template, and will be posting it today, would it be better to send it signed for so i know they have recieved it, i will also let you all know what response i get off them.

 

thanks

 

ataxidriver64

[DonkeyB]

Yep, signed for. Always cover your ar*e with these ar*es!

[mr.ton]

I personally wouldnt waste my time writing to them.(its your choice on that)

You'll just get the usual nonsense off them in return.

They know full well its statute barred.

They are powerless without going through the county courts 1st, everyone knows that...so i would just rather report to the usual authorities & let MH whistle in the wind quite frankly.

[Kraken1]

I suppose whether you write to them or not depends on whether you want to set it up so that you can later complain to the oft if they contact you again.

[DonkeyB]

... and I'm all for putting the boot in to a dodgy DCA - especially when they tee it up for you like this! Out with the driver...

[babybear39]

Subscribing...Long time MH fan

[aTaxiDriver64]

I suppose i could just email abuse at them for a laugh.

[babybear39]

I suppose i could just email abuse at them for a laugh.

 

It would be a laugh but MH complain about the slightest thing and throw their toys out of the pram if we make funny remarks about them on here

[ODC]

I personally wouldnt waste my time writing to them.(its your choice on that)

You'll just get the usual nonsense off them in return.

They know full well its statute barred.

They are powerless without going through the county courts 1st, everyone knows that...so i would just rather report to the usual authorities & let MH whistle in the wind quite frankly.

 

Normally I agree with you but I feel in this case its better to tell Muck Hall in writing. After all they are under scrutiny from the OFT so another documented complaint against them will add to the already bulging file. They can deny phone calls but not recorded delivery letters.

[mr.ton]

Normally i agree with you too ODC

But in this case, i just think a standard complaint to the usual authorities should do the trick.

Why waste a letter & stamp on these clowns?

[cerberusalert]

The OFT would not consider a complaint about a DCA/creditor pursuing a statute barred debt unless the alleged debtor has in fact made a written declaration stating that it was statute barred. See the conditions imposed on MH

The OFT has barred it from pursuing debts that have been disputed in writing or that are too old to be enforced and has threatened to hit the firm with a £50,000 fine and loss of its licence if it breaks this ban.

Edited April 27, 2009 by cerberusalert

[babybear39]

The OFT would not consider a complaint about a DCA/creditor pursuing a statute barred debt unless the alleged creditor has in fact made a written declaration stating that it was statute barred. See the conditions imposed on MH

 

Excellent point

[aTaxiDriver64]

Hi just an update, I have not heard anything more from this lothopefully gone away i do have a letter ready to send but not gonna waste a stamp unless i have to, thanks for the advice

 

ataxidriver64

[babybear39]

The library of template letters is located here:

 

The Consumer Forums - Debt collectors

 

You should be able to find one that suits, if not give us a shout