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Tony00001

Rockwell/Mckenzie hall/Tessara harrasment.

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I've been recieving debt letters from these people over the year now for a debt which is into its 6th year now. Basically In the original instance I had an un-secured loan with the Halifax bank. I was then made unemployed and could not afford the repayments so I defaulted on payments. halifax then passed the debt to a debt collection agency to whome I then agreed to pay reduced monthly payment to untill my circumsatnces changed. This payment was made via my debit card which they had the number of, I did not set up a direct debit it was up to them to take the payment on the 1st of every month.

I noticed after approx 1 year that they had stopped taking the payments from my account, however due to the fact I had not recieved any kind of statement or any other communication from them for that matter, I decided to leave them to chase me and i'd quiz them over this when they did.

 

There last payment went out in febuary 2003 and I heard nothing about the debt until mid last year when Mckenzie Hall sent me a colletion letter demanding payment in full. I spoke to Our law society here in Chesterfield whome advised me to ignore the letters and not to acknowledge the company as this would start the 6 year span again. I did this and recieved another three letters from these people over the space of about 3 months, the last was a reduced amount and saying we understand this must be difficult blah blah blah so we'll accept this from you as a gesture of good will, however if this is not paid we will be forced to take this to small claims court and obtain a court order. Again I ignored this letter and that was the last I heard untill approx 1 month ago when Rockwell Debt Collection sent me a new letter, same contents as the last ones just a different company so I innitially thought, however I have now noticed there all part of tessera.

 

The last letter I recieved gave me a 9 day time limit to pay the debt of. I noticed on another thread on here a letter explaing to the company that I have no knowledge of the debt in question and for them to povide proof of said debt so I have sent that to them now.

 

My question is this.

 

My wife suffers with an illness known as Bi-polar depression, when triggered this illness renders my wife incapeable of any normal life challenges and is triggered by stress. These letters we are recieving is causing said stress and I am terrified this could put her back into hospital. Is there anything else I can do with these people to stop them sending these pointless letters?

I know the debt is not enforcable now and these people must relise this but they just keep coming, and the more they send, is convincing my wife that they must think they have some sort of legal standing with this debt!

 

Thank you in advance.

 

Tony

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Welcome to the CAG forums Tony. This debt sounds like it is statute barred (and indeed if McKenzie Hall are chasing it then they are well known for chasing statute barred debts), 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 will NOT be making payments towards a debt that is statute barred, they must NOT continue to harrass you in fact you will also find this interesting - The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

The OFT say this about statute barred debts - 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.

If you hear any more from this company after sending the statute barred letter, please let us know....(if you are in Scotland then the statute barred time limit is 5 years and needs a different letter as the laws are different - let me know if you are in Scotland)


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If the last payment was made in Feb 2003 and there has been no Wriiten acknowledgement of the alleged debt then it is Statute Barred. Write to whoever is currently chasing you and send them the following. If they continue to chase you report them to the OFT

 

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 Consumer 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

 

 

I M Wise To-You


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Statute barred and they know it send them a staute barred letter above. And report them if they to the oft trading standards if they do not quit wrighting/calling you ignore any letters asking you to call them as they will lie bully and threten you to try to get a payment out you incidently once a debt statute barrs it can not be unbarred

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6 years no payment and acknowledgement from you = Statute barred

 

Send the statute barred letter. DO NOT SIGN IT AS THEY WILL LIFT YOUR SIGNATURE and use it against you.

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Thankyou everyone for your quick reply's. These company's should be shot down in flames.

 

Thank you again I'm very greatfull for your help!

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Rockwells/Muck Hall & Tessara are all desks in the same Kilmarnock threat monkey office.

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Make sure you send the letter by recorded delivery so you know when the get it.


:cool::cool: Blondmusic :cool::cool:

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I got a reply back from rockwell today which basaically all it said was.....

 

Dear mr kay

 

We recieved your letter and request for information. We will contact our client and respond further at a later date..

 

Thats it. Thats all they sent. Please see the copy of the letter below which is what I sent to them.....

 

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to (Rockwell debt collection).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

Tony Kay

 

 

Surely there should of either been a letter with the ccs document in it or a letter stating that the matter was closed.

 

What would be the best thisg for me to do now. Send the Statue barred letter or justwait see what they send me next.

 

Thx

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I would sit and wait.

 

Edit Oops, Had a re-read of above... you haven't told them yet it's statute barred? See what they come back with and then if it is the statute barred account send the template for Statute barred debts.

Edited by kurvaface
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Send the statute barred letter ASAP.......then that's it - you need do no more. If they continue to harrass you after sending that to them, they report them to EVERYONE!


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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