McKenzie Hall....Anybody dealt with them????

[divadeb]

Hiya,

My husband has been contacted by McKenzie Hall regarding a debt which is 15 years old.

 

The last time I payed anything on this car debt was in 2000,

then I moved council house and never payed them anymore.

 

My hubby rang and the lady on the phone was...

...well there are no words printable to describe her manner.

 

She wanted £3,000 he owed and that was that....

..she would'nt accept anything else.

 

He told her he never had it and she said she would contact the guarantor for full payment.

 

I had completely forgot we used my mum,

I dont think I even told her I used her name..

....stupid I know,

but I was younger then and not as wise.

 

I managed to get to talk to a manager and came to an arrangement of £100 per month

until my husband gets some compensation he is due hopefully in the next few weeks.

 

I am at my wits end, my mum would never talk to me again if she found out..

..they have us over a barrel.

 

Anybody got any advice as I could really do with some....

 

..thanks very much, Debbie.

Edited July 28, 2009 by divadeb
to change title

[cerberusalert]

If no payment was made for a period of six years it will be Statute Barred which means they cannot take any enforcement action. Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[cerberusalert]

If you made any payment on the 'phone contact your bank or credit card company and cancel the payment asap.

[divadeb]

I know about statue barred but there is the guarantor.....my mum, they surely would contact her for full payment ???? I am in a no win situation I think.....I cant risk her finding out what I did.

[kurvaface]

That sounds as statute barred as they come.

 

Don't pay anything.

 

They have a duty now to prove it is not statute barred if they want to press for payment.

[kurvaface]

I don't think a gaurantor can unbar this

[cerberusalert]

It doesn't matter about there being a guarantor, statute barred is statute barred period. Mackenzie Hall specialize in unenforceable debts and they lie through their teeth so do not ever speak to them on the 'phone. They will probably tell you because you've paid or offered to pay it is no longer statute barred, which will be total bollox.

[divadeb]

I have already told them that i will pay £100 which is an admission that i owe the debt....they also told me that they would contact the guarantor if we did'nt co-operate, that really worried me as my mum knows nothing about the debt. Now i'm confused???? do i pay or not??? what if they contact my mum...that is the only thing i care about...they were adamant on the phone that is what they will do.

[MRSWESTHAM]

Trust Me They Lie ! I Ghave Only Just Found Out All These Rules From This Site , I Have Been Fed So Much Bull Xxxx From These Guys Its Unbelievable .

[cerberusalert]

It doesn't matter that you told them you would pay, it doesn't affect the debt being statute barred. MH are using scare tactics and you must make a complaint to Trading Standards via Consumer Direct Consumer Direct - Contact us and also the OFT [email protected] who have already warned them about their activities.

[kurvaface]

Divadeb

 

Stop speaking to them on the phone. You can guarantee that they wouldn't say that if they had to put it in writing.

 

Send the statute barred letter from the template forum, unsigned, recorded delivery along with notice that you are only prepared to hear from them in writing. If they pester you, report them to trading standards 08454 040506.

 

Paying money into the account after the limitation period changes nothing. If they tell you otherwise they are lying.

[divadeb]

Thanks for all your advice, i am going to ring consumer advice tomorrow and explain how they bullied me into doing an income and expenditure over the phone and got me to agree £100 per month. I have even put my car up for sale to pay them off, all this so they don't contact my mum. These people are unbelievable.....

[kurvaface]

you will feel so much better about all of this soon enough;)

[divadeb]

Just rang consumer advice and

 

they told me that I have to ask the original credit company for proof that they have tried to contact me between 1995-2001.

 

We was paying a bit here and there and the last payment was 2000.

 

What I cant understand is why they never contacted the guarantor(my mum) in all these years?

 

I thought the credit company would have wrote to her before now.

 

The man i spoke to said the statue barred has to proven and its not automatic.

 

So i am back to trying to raise the cash to pay them off..

 

...anybody got any ideas??????

[postggj]

ITS UP TO MUCK HALL TO PROOVE ITS NOT STATUTE BARRED

YOU DONT HAVE TO PROOVE IT IS

 

 

SEND THEM THE STATUTE BARRED TEMPLATE, IF THE THEN TURN UP THE HEAT, YOU WILL HAVE THEM BY THE NUTS

 

YOU DONT HAVE TO PROOVE WHEN YOU HAD LAST CONTACT, THEY DO

 

SEND BY RECORDED DELIEVERY

 

 

Dispute your liability for a debt where a creditor has not contacted you for over six years

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

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 A N Other

[mr.ton]

If you can cancel this £100 payment with your bank, then do so asap.

Do not sell your car whatsoever.

Report Muck Hall to the OFT & trading standards asap.

These clowns are very close to having their licence taken away.

[mr.ton]

Divadeb - ignore what the likes of consumer advice say to you & take advice off everyone here on CAG.

Do not speak to MH on the phone anymore either & refuse to answer security questions if they phone you.

Do not concern yourself with raising any cash whatsoever.

Once you start paying Muck Hall, they will treat you like a cash cow & will never leave you alone.

Just follow the advice of people on here & you'll be fine

[kurvaface]

Divadeb

 

People on here are telling you how it is. Phone calls confuse the situation - different people tell you differnet things. Listen to what's being said here because people are advising from experience.

 

This is how it goes.

 

1) You send the statute barred letter outlined above recorded delivery unsigned.

2) They then have to prove it is not barred. They have to prove that there are no windows of 6 years where you paid into or acknowledged the account.

3) Nothing happens until (if ever) they can do that.

4) You still owe the debt but they cannot take collection activities or press for payment. It is unlawful to pursue a statute barred debt.

 

Full stop.

[divadeb]

thanks for the posts

 

Mr. ton and postggj,

 

I want to send the letter but I dont know if I dare,

they might call my bluff and contact my mum,

who like I said knows nothing off this debt.

 

I really am in a dilemma.

 

The consumer bloke was going on about credit agreements and defaults and to be honest it was so long ago

I cant remember and we aint got any paper work as we have moved twice.

 

I would also like to know how McKenzie have my phone number,

we are ex-directory and have been for 10 years....?????

 

they have sent me texts to my home number

[divadeb]

Can I just say AAAAAAAAAAAAAAAAGHHH........that feels so much better......I was having such a nice week aswel lol

[postggj]

Just Send That Template

 

It Puts The Account Into Dispute And Much Hall Can Do Sfa While In Dispute

 

Have You Tried The Credit Agency Free Trial For A Month,

See If Anything Is Registered

 

Muck Hall As A Norm Buy Debts That Other Dca Have Given Up On Then Try And Get A Mug To Pay

[mr.ton]

Deb - they have no legal powers over you whatsoever, only a county court has any powers to money off you & that is once a legal proceedure has been gone through etc...

This lot rely on threats & intimidation in the hope that you just buckle and pay up.

I would give some serious consideration to be honest with your mother about it all & tell her that you are seeking full advice and that she has nothing to worry about etc..

That way at least the pressure of her finding out is off your mind.

Yes she might be angry/annoyed at 1st - let her be like that for a while if so?

As for Muck Hall..follow all the advice everyone has given you on here so far.

[postggj]

Remember

Most Of Us Have

 

Been There

Done That

Got The T Shirt

 

Do As Advised And You Will Be Fine

[divadeb]

If I send a template to dispute there claim are they still able to contact my mum? I know I keep going on about my mum but she is quite ill at the moment and this would probably kill her off......I should'nt joke really. Would you take the risk...????? I am 80% in favor of the letter lol:rolleyes:

[mr.ton]

I would also like to know how McKenzie have my phone number, we are ex-directory and have been for 10 years....

 

The DCA's are sneaky pieces of s*it if anything & have their ways & means of finding out.

The fact is that they have & you have to deal with things as they are now.

CAG is the only place were the DCA's are kept in check - they are terrified of this place, so try to relax & just follow what advice we all give you