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hello everyone, this dates back over 13yrs.

 

I had a peoples phone, my boss got it for me for when i was out with her son (i was a nanny) she put the agreement in my name and i like the young fool i was back then paid all the bills etc etc. i left that job and tried to cancel my contract and due to the fact i was out of work they agreed after much too-ing and fro-ing. 13 yrs past no problems, credit readily given at every turn.

Last week my mother received a phone call off Mackenzie hall stating urgent matter (the normal spiel from what i have read) she phoned them up and was surprised to hear them asking for me (after 11yrs of me not living there so would i) they stated that i had a outstanding debt and would she get me to get in contact with them, She said no and hung up the phone. She then went and researched the company up, read all the bad stuff and decided to phone them back (she loves a verbal fight) she asked how did you get my phone number (she is ex-directory never ever gives it out to anyone) they refused to answer her, so she asks about the debt and they say they have a old CCJ against me and want me to pay etc etc my mum refuses again to give out my details and they end the convo by saying okay we will take you off our list.

 

So what do i do? hubby says forget about it and we'll deal with it when it comes up or should i confront the matter? I wouldn't mind paying it IF i actually owed it but i never got informed of any CCJ and i have a good credit rating. And Peoples Phone agreed no more monies where due.

 

Should i just stop worrying?

 

edit: (they haven't found me yet)

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Firstly, check your credit rating to see if a CCJ has been registered.

 

If not, then the debt is statute barred. Mackenzie Hall have just had their knuckles rapped by the OFT about exactly this thing...read here...

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

If there's no CCJ then I would be inclined to ignore it at first but if they get persistent then send them a bog off letter.

 

If your record shows a CCJ then you'll need to post back as you may want to apply to get that set aside as you claim you knew nothing of it, so court papers couldn't have been served on you.

 

Good luck and stop fretting!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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thank you for your kind answer and i will send for a credit report, your site in invaluable. I have also learned how to deal with door steppers if they dare to come round.

 

I never received any kind of form for a CCJ whilst i lived at my mothers and she says she hasn't since.

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MH specialise in unenforceable & Statute barred debts, at the moment you only have their word for it that there is a CCJ against you so for the moment it would be better to send them the 'Prove it' letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt.html the onus is on them to prove a debt exists, so they'll have to provide you with a CCJ ref no.

 

Now for the good news, if no payment or acknowledgement of a debt has been made for six years the debt becomes unenforceable, however this is not the case with a CCJ. This is not the end of the world tho', because if a period of six years has passed since the CCJ was issued MH would have to apply to the court for permission to take enforcement....and they would have to show a very good reason.

 

For now though, just send the letter above and see what shows up, MH are well known for being economical with the truth. ;)

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The fact that they refuse to tell you how they got your telephone number is also interesting.

 

If this matter develops then I would certainly serve MH with a subject access request.

 

If your Private ex-directory telephone number is being shared around then there may be some data protection issues as well.

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thank you for your kind answer and i will send for a credit report, your site in invaluable. I have also learned how to deal with door steppers if they dare to come round.

 

I never received any kind of form for a CCJ whilst i lived at my mothers and she says she hasn't since.

 

Have a read of the OFT decision that I referred you to. Mackenzie Hall have been told by the OFT that they are not to pursue statute barred debts. If your letter is dated after the date of this decision (says 15th April 2009 but was made public on 21st) then I would also be sending a complaint to OFT.

 

However, the CCJ is the key...do they or don't they??

 

Best of luck!! ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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my mum only ever gives out her phone number to family so how they got it is a great surprise to us all and she has changed it 2 times in 13 yrs.

 

I now live over 100 miles from her and in a bit of shock as i never been in debt for anything.

 

Thank you again for all your help everyone

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And then there's the fact that they divulged all that information to your mother!

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Just to add, if no CCJ shows up on your credit file it doesn't mean there isn't one, they drop off the file after six years.

 

I guess if it's dropped off though Cerber, then it should be statute barred also as 6 years will have passed...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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No, CCJs never become statute barred but they do have to seek the courts permission to pursue after six years.

 

Well, you learn something new every day!! ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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if you knew my mother it wouldn't be a shock to anyone :D we call her the mini rottweiler. No one escapes her lol

 

Hi, Just a thought here, with regard to the disclosure of your mum's telephone number, it might be better IMHO if it was actually her who sent MH a letter asking them how they came by her number, as she has absolutely nothing to do with this alleged debt, this would really be the best way to go. If she sent it Recorded Delivery, gave them 7 days to respond and to say she is about to report the matter to OFT etc.

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You and your mother really should make a complaint against MH to the OFT. As said earlier, they've already been warned about their activities by the OFT and they are still not only breaking OFT guidelines but the Data Protection Act by discussing your details with a third party;

 

2u7t9g1.gif

 

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

 

Information Commissioners Office

 

https://www.ico.gov.uk/Global/contact_us.aspx

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