Mackenzie Hall and J2 Solutions

[dieselwoof]

Need to just confirm this with all the knowledge heads here

 

I few months back when all the banking stuff kicked off, my brother received a letter from Muck Hall about a balance owed to a Barclays account, the letter had my name on it but his address. My Brother lives in the house that was my Mum's and I did stay there for a few short months after a seperation but moved out to my own place.

 

I did have a Barclays bank account but the letter advised the balance owing was £6k which I can't remember anything about. Barclays also knew the addresses I was at as I always updated them so I can't understand why a letter has been sent to a really old address.

 

Anyway... Muck Hall sent a couple of more letters to my brother which he just binned. I told him to ignore them as I reckoned they were looking for someone with my name and Barclays have given them a load of leads to follow.

 

In the end my brother got so fed up with the letters he phone them and told them I didn't live there. Letters stopped but now he has received one from J2 Solutions asking for my whereabouts.

 

Obviously if J2 look on the electoral register then they will find I live over the road. I have no intention of calling them at all but if I get a letter then I'm simply going to do a CCA request and if it is something I owe then hit them with Statute Barred letter as it way over the time scale if I do owe the money. It was a long time back and I was in a really stressful job not too mention a marriage seperation!

 

I honestly can't remember anything about this so is sending a CCA then Statute Barred the right way or should I just ignore it completely? J2 are a nasty bunch by all accounts, letters and phonecalls to neighbours are not unheard of and I can't say I'm happy that neighbours will get letters or calls about me.

 

Thanks again

[deathbycrayons]

Subbing..

[NailPost]

You are not obliged to tell anyone anything about the whereabouts of any person unless the person asking the questions answers to the name of PC Plod. Even then PC 99 needs a "reasonable reason" to ask the questions.

 

Ignore J2 Solutions - they are not worth the price of a stamp. Your comment simply confirms that their tracing techniques are not very sophisticaed.

[42man]

Mackenzie Hall are well known for chasing statute barred debts....if you have not made a payment towards this debt or acknowledged it in 6 years (5 in Scotland) then it will be statute barred, it would also be statute barred if there was at least a 6 year gap (again 5 in Scotland) where you had not made a payment - if you haven't made a payment in 6 years then send this letter here by recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Once you state that you have no wish to make payments towards a debt that IS statute barred then the DCA must stop harrassing you - McKenzie Hall have been the subject of OFT restrictions recently - The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

And the OFT also say this in their guidelines - section 2.14 (b) -

• 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.

[42man]

If you are in Scotland you will need to send a different letter - (below)

 

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

[dieselwoof]

Thanks for the advice, it backs up what I thought.

[42man]

Please let us know if they continue to harrass you after you have sent the statute barred letter....if they do then you MUST report it to the OFT.....

[dieselwoof]

Will do, thanks again