Statute Barred - acknowledgement of debt?

[LittleMissW]

Hello! Firstly may I apologise if this isn't the correct place to post this question ... darn newbies I was lucky enough to receive a letter from Mackenzie Hall at the weekend asking me to contact them. Having never received a letter from a debt collector before I did as they asked. What a mistake. Firstly what a bunch of delightful people they are at that company I was told they were chasing a debt I had outstanding and they required payment immediately. When I told themit was nothing to do with me I was basically told I needed to go to the police and get an incident number if I was saying I was a victim of identity theft. I said I didn't want to do this as the debt was nothing to do with me so they told me pay up or go to court. Their opinion is if its not my debt why wouldnt I want to go to the police. They told me on Saturday I had until Wednesday to make a payment. In a blind panic I hung up. Having had a few days to discuss this with the OH I'd calmed now and phoned them on Monday. I advised them firstly the contact on the letter wasn't me, the middle inital was incorrect, they said it was a typo on their part. I'd then said the debt was nothing to do with me and that the previous addresses they had given me on Saturday I hadn't lived in. She asked me what my previous address was which I refused to give her. I asked her if they had a copy of any credit agreement for this debt, they don't because they've bought it from another company. They purchased the debt in May 2003 which (I think) means its statute barred. My only concern is if I go down this route that it's an admission the debt is mine but I am just not paying this and I am worried about the impact on my credit rating. Any advice would be gratefully received!

[Seminole]

Nice company. They find someone with the same name as you and then expect you to prove to them that you're not the real debtor. You have to jump through hoops for them. I think not.

 

First of all, never telephone them again, ever and do not speak to them if they ring you. All communications should be in writing. It provides a useful audit trail.

 

Did they tell you what the alleged debt was for and who it was with? Do you have a recollection of ever owing that company money?

[havinastella]

Hi and welcome to CAG,

 

send the idiots this

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

 

Keep an eye on your credit rating, if they touch it, you'll be able to issue court papers and a nice huge claim against them.

 

Jogs

[Blondmusic]

Send them this by recorded delivery. Stop speaking on the phone to them too. Do everything in writing from now on. It is up to them to prove you owe te money they are claiming and it is not up to you to prove otherwise.

 

Send this letter to them, edit the letter to suit, DO NOT SIGN IT and send recorded delivery.

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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/we 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. AND 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/we 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/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[PGH7447]

Nice introduction into the seedy world of the DCA, getting a phising letter from muckyhall.

Send the letter above and report their sorry asses

[JonCris]

1st rule of CAG never ever talk to them on the phone UNLESS you can record them & only then to tell them to bog off. Also their threats border on being criminal

 

If they contact you again tell them your reporting them for harassment & if they don't stop you' be seeing them in court AND once identified you'll be summonsing all of their staff who have contacted you

[LittleMissW]

Nice company. They find someone with the same name as you and then expect you to prove to them that you're not the real debtor. You have to jump through hoops for them. I think not.

 

First of all, never telephone them again, ever and do not speak to them if they ring you. All communications should be in writing. It provides a useful audit trail.

 

Did they tell you what the alleged debt was for and who it was with? Do you have a recollection of ever owing that company money?

 

They don't actually know what the debt is for themselves as the company they bought it from hasn't given them that information! The most they can tell me is that the debt is from a retail company (either ARG or AEG). They can't tell me when the debt dates back to just that from May '03 they took it over

[maroondevo52]

Hello and Welcome, LittleMissW.

 

Send the 'prove it' letter provided by Blondmusic.

 

Regards.

 

Scott.

[Seminole]

I'd be inclined to wait until they write to you again setting out the details of what they allege you owe. In doing so they will need to give you some information about the amount of the debt and what it's for. If and when they write, send them the letter that Blondmusic suggests. I simply wouldn't deal with them until they can actually tell you what it's for.

[PGH7447]

so you now know you are dealing with idiots

[rameses_qc]

ALSO make sure you report their ridiculously posturing antics to Trading Standards, and ask them to forward it to OFT. These morons are under scrutiny by OFT for various things

[LittleMissW]

Thanks a lot guys! I have to admit I was in a complete state about this over the weekend and was even tempted to pay the money just to have this awful bunch of people leave me alone! It's reassuring to know that they need to prove its my debt rather than me disprove it. How do you prove you don't owe money?!

[maroondevo52]

How do you prove you don't owe money?!

 

You don't have to, they have to prove you do

 

Regards.

 

Scott.

[Huff&Puff]

was even tempted to pay the money just to have this awful bunch of people leave me alone!

 

This is what they bank on people doing. And I suspect it happens a good deal more than might be supposed

[Barclaydaav]

I'd be inclined to wait until they write to you again setting out the details of what they allege you owe. In doing so they will need to give you some information about the amount of the debt and what it's for. If and when they write, send them the letter that Blondmusic suggests. I simply wouldn't deal with them until they can actually tell you what it's for.

 

 

I had the same letter from Muck Hall yesterday. I also spoke to them on the phone.

 

I have subsequently written to them and sent via recorded post, email and fax.

 

Copy of which is below:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam,

 

RE: xxx

 

Your company wrote to me yesterday asking me to contact you quoting the above reference number. Upon speaking to one of your employees, he subsequently informed me that you wanted to contact me concerning an outstanding catalogue debt of approx £112, which was defaulted during the year 2000.

 

Therefore I am writing to inform you that I do not acknowledge ANY debt to either your company or that of your clients. Furthermore I 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.”

 

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 contact 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 me 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 me 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”.

 

I would also inform you that I am sending a copy of this letter to your local OFT office, who I know are currently assessing whether to renew your credit license.

Furthermore, as my right under Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997, I fully expect to not receive any phone calls from you on this matter.

 

The only form of correspondence I expect, is that in writing. Whereby I expect to hear this matter is now closed and my personal details are removed from your records accordingly.

 

Failure to comply, will leave me no alternative but to take further appropriate action against your company up to and including legal action.

My last point is regarding the verbal threat made by your member of staff who I spoke to yesterday, who implied my credit record could be affected by this matter. I would point out that should your company even perform a search of my credit record, that I will respond by legal recourse. In addition, the OFT, Trading Standards and the Information Commissioners Office will be informed.

 

Yours Faithfully

 

I am mostly concerned about them fiddling with my credit report. If they do I will take advice from my solicitor with a view of taking legal action against them. They are **** who prey on people's fears.

[Bazooka Boo]

They purchased the debt in May 2003 which (I think) means its statute barred. My only concern is if I go down this route that it's an admission the debt is mine but I am just not paying this and I am worried about the impact on my credit rating. Any advice would be gratefully received!

 

Nice pink pen!

 

If the debt is statute barred, which is perfectly possible giving the length of time that they bought it till contacting you now.

 

You can be rest assured that "NOTHING" either you or they do now, will "EVER" restart the clock again. It doesn't matter if you tell them on the phone or by letter you owe the debt, nor does it matter if you make a payment toward the debt, it "WILL NOT EVER" restart the statute barred (limitations) clock.

 

Once a debt becomes statute barred it remains statute barred whatever then transpires. In other words the debt can never be legally chased through the courts again and nothing the debtor or any representatives do once the statute barring date has passed can alter this situation. So categorically the re-starting of the statutory clock can never occur in any circumstances after the debt has become statute barred so a debts new buyer does not gain any new rights or options but only has those the previous or original owner had when it was sold to them. No more no less period!

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

 

Boo;)

[havinastella]

Hello and Welcome, LittleMissW.

 

Send the 'prove it' letter provided by Blondmusic.

 

Regards.

 

Scott.

 

 

Surely you meant the 'prove it' letter provided by Jogs, one post before Blondies

 

Jogs

[LittleMissW]

Just an update on this, received a lovely letter on Saturday from Mackenzie Hall with the heading DOORSTEP ASSESSMENT in big red letters. Apparently due to repeated efforts to contact me (1 phone call, 1 text) and not being able to get in touch they MAY have no other option to sanction a doorstep visit to my property. They will make a visit to my property within the next 10 days. Its been 7 days since the date of the letter so he'll be coming this week! So exciting! Prove it letter is going recorded delivery tonight, will be interesting to see what their next move is

[lickthewallfatboy]

I'm sure you have a very nice doorstep

 

even if they didn't like it,I'm sure you could paint it a nice colour or something.....

[BrandiBroke]

You could always stick this letter in at the same time then

 

Dear

xxxx

Account Ref

xxxx

Please be advised that I will

only

communicate with you in writing. I have noted your repeated attempts to visit me over the past few weeks/months and these have been duly logged by time and date.

Should it be your intention to arrange any furthur “doorstep visits”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

Remember - PRINT your name, do NOT sign.

[stuscfc]

Dont forget to make the doorstep welcoming for them when they come.Maybe add some flowers and a nice welcomming mat with some nice wording on it up to you.Also invite a friend in for tea maybe when they are out walking a very large dog perhaps they might be there when they call can give them a real nice welcome.

[maroondevo52]

Surely you meant the 'prove it' letter provided by Jogs, one post before Blondies

 

Jogs

 

Sorry, jogs Credit where credit's due