Mackenzie hall - Singlepoint Help!

[Ems_]

I have received a letter this morning about an old debt I had with Singlepoint which I forgot about. The last point of contact with this debt was 18th March 2004, I thought that after 6 years of no contact the debt would be written off, but MH are telling me this is not the case?? Please help. Thanks in advance!

[crankiboy82]

the debt is statue barred, do NOT acknowledge any debt to them...

 

they can still ask for payment tho, but cant make legal proceedings after that 6 yrs (5 if ur in scotland)

 

send the statue barred letter....

[crankiboy82]

if u acknowledged the debt u reset the 6 yrs, ie make a payment etc

 

put a CCA request in on ur SAR request letter to kill 2 birds with 1 stone...most of the template letters u will find already do this for u

[crankiboy82]

SAR LETTER

 

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.

Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

Mr .***************

Enc £1.00 Postal Order ********

£10.00 Postal Order **********

__________________

[babybear39]

NOTHING can reset the SB clock once a debt becomes SBd You could, in theory, take out a full page add in a natinal tabloid admitting to the debt but it wouldn't make a difference

[crankiboy82]

STATUE BARRED LETTER

 

.............................................. ...........................................

Your Name:

Your Address:

Date

To: Creditor ???

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

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 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/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 correspondence/payment/acknowledgement or payment of this 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/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully [print name]

 

 

 

u might need to tweak these letters

[babybear39]

Lose the WP as this would render the letter inadmissable in a court of law

[crankiboy82]

i was told differently babybear, what is the point in statue barred then?

[Hardupnotfedup]

That Subject access request letter you have touted a few times does not cover all the information you would require from them use the one from the templates.

All that about hourly rates of pay for their staff in my opinion is a total waste of time and is likely to receive a negative response from creditor.

[crankiboy82]

i prob should explain my question a bit better...

 

i have a statue barred debt from 2001, but noticed on my cred report that a DCA claimed i made a payment in 2007 and 2008...

 

im in scotland so the defaults should have came off in 2007 but would have been statue barred in 06

 

some1 on here said the DCA would have put on these payments to reset the SB date?

 

soz for jackin the thread but im sure it will help Ems:)

[babybear39]

When you use the term 'without prejudice' you render any such communication inadmissable as evidence to prove (to anyone) the contents of that communication.

 

SB can ONLY be reset if the account holder acknowledges or makes payment to the account BEFORE the 6 year barrier. AFTER the 6 years has expired NOTHING can reset it

[babybear39]

What you are suggesting crankiboy is fraud, pure and simple. Do you have any evidence to support this?

Edited April 26, 2010 by babybear39
spelling

[Hardupnotfedup]

i was told differently babybear, what is the point in statue barred then?

 

What do you mean? Baby bear has just staed that you do not need to put WITHOUT PREJUDICE on the letter.

Also template letters shouldn't be reproduced in the forum, these are for use by registered members, by putting them in the open forum they can be copied by non members.

[crankiboy82]

this letter is the top hit on google, from this forum!

 

might wanna sort that out some1

 

iv been asking since yesterday if its any good

[crankiboy82]

a CRA report from 2007, then i got another from equifax in 2010, showing updates from 2008 none were me (110% on this)

 

waiting for SAR to find out exactly when i made the last payments but the details on my cred report are wrong and definately malicious

[crankiboy82]

google- SAR template letter

 

should this not be removed if its wrong?

[crankiboy82]

maybe u should have read the post before u left a comment hardupnotfedup

[babybear39]

There appears to be some degree of confusion here...

 

Your post has been reported to the site team to deal with

[Hardupnotfedup]

maybe u should have read the post before u left a comment hardupnotfedup

Sorry crankiboy which comment do you refer to? I didn't understand the statement "What is the point of statued barred" and as for reproducing template letters in full on the open forum I was just making you aware of the site rules if I have upset or annoyed you then please accept my apologies.

Oh I did read all the posts, twice.

[sequenci]

The letter was one which was originally lifted off the National Debtline website. I think it's perfectly fine, although if you're in Scotland send this one:

 

(Your home address)

______________________

______________________

Date __________________

 

To:

_____________________

________________________

 

‘Without Prejudice’

 

Dear Sir/Madam

 

Account No: _____________________________

 

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 under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

 

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five 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/we would also point out that the Office of Fair Trading (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 written acknowledgment/payment of this debt was made over five 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/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/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”.

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully

 

(Your signature)

 

 

There is no point in sending a CCA request, it's likely to be a mobile phone account which are not regulated.

 

I've come across DCA's who state that a payment was made, the onus is on them to show evidence of when and HOW the payment was made. A mere statement saying that there was a payment on such and such a date wouldn't reset the cause of action.

[crankiboy82]

thanks for the confirmation on the letter, and that that they CAN update SB dates...

 

it wasnt a phone bill, it was a card i got thru kwik fit so i sent a CCA request last week and im still waiting on it

 

thanks for the help but dont think anyone should put a signature at the bottom of a letter going to DCAs

 

should i take the WP off this letter then?

[babybear39]

Argh!

[crankiboy82]

argh wot?

[crankiboy82]

I've come across DCA's who state that a payment was made, the onus is on them to show evidence of when and HOW the payment was made. A mere statement saying that there was a payment on such and such a date wouldn't reset the cause of action.

 

im still assuming that if you acknowledged the debt it would reset 6 the yrs am i wrong here?

 

(get a grip bear some people might not be as good at understanding this stuff as others:))

[crankiboy82]

and i found this too which also says it DOES

 

now if i am wrong babybear then im sorry, i never ever claimed to be any kind of debt advisor or anything lol, but everything i find online says u are wrong...

 

like everyone else on here im looking for help here, posting **** like argh when someones not getting something doesnt really help anyone

 

anyways heres a post i found online...

 

 

Joined: 01 May 2009

Posts: 1

Reg, Statute Barred is applicable so long as YOU HAVEN'T acknowledged the debt. Contacting them by phone CAN be seen as acknowledgement and the Limitations Act is reset (6 years in England/Wales, 5 in Scotland).

 

I see you said you called them. Did you confirm the debt or any details relating to the debt? If you did, then it could be a grey area regarding the Limitations act as if you have confirmed the debt or any of your details on the debt then Limitations Act would not apply.

 

The key thing is NOT to phone them, only ever write. I have popped a link here for National Debt Line. They have a sample letter you can use to advise Limitations Act for debt that is Statute Barred.

 

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

 

The key thing though is have you admitted the debt owed, if you have then I'm afraid Limitations Act will reset and you'll have to wait to period required. If you HAVEN'T then follow the NDL guidelines.

 

As for any 'lovely' letters they send, ignore them and be prepared for a fight.

 

As for court action, so long as you HAVEN'T acknowledged the debt (I keep saying that, sorry) then when it goes to court you simply produce the letter advising its Statute Barred. The court will get annoyed with the DCA and award in your favour. DCA's know they CAN'T take you to court on Statute Barred debt but rely on you NOT knowing what they can and can't do to get you to cal them and admit the debt.