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Harrassment from MackenzieHall re: 12 year old debt from Barclaycard


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Please can anyone help I am at my wits end. I had a Barclay card debt back in 1998 for about £750 and I failed to pay it. Barclay card did chase me but to no avail. Eventually I think I received a letter from I think from Kingshill chasing the debt on Barclays behalf. I moved house and heard nothing more for some while. I move home again and eventually received another chasing letter from Cabot. Still I did not respond. All then when quiet until about 3 or 4 years ago when I received a strange letter from "The Golden Angel" saying they had information for me. I did not respond or acknowledge these letters. Since then which was about 2006 I have heard nothing. Then out of the blue last month a letter arrived from Mackenzie Hall saying I had outstanding debt which needed to be paid to them. I just binned this letter. Today I have received a threatening letter from Mackenzie Hall saying that the pursuers are Cabot Financial (Europe) Limited and I now owe the sum of £3685.79 and stating that the original creditor was Barclaycard. They have given me until noon on August 27 2010 which is this Friday to pay up or else.

 

I really need some help with this. I really don't know where to turn.

 

Is this statute barred and can they really go after me for a debt from 12 years ago.

 

My credit file is completely clean and up to date. There are no adverse entries against my name, no creditors are named on it, no court orders nothing.

 

I am very scared. I am a single parent and don't bailiffs knocking on my door scaring me or my children.

 

Any help will be very much appreciated.

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If they have not got a live CCJ on this, then the debt will be statute barred. Check to see if there is any CCJ on your record. http://www.trustonline.org.uk/

 

Send them this letter by recorded delivery ( presuming you live in England or Wales). Amend as necessary. They should stop contacting you, as they are not allowed to continue to harass you for statute barred debts per OFT guidelines, once you have send the letter. If they do then you can report them to Trading Standards, via Consumer Direct. If you search this site under the MH posts, the details of the relevant Trading Standards officer contact details will be found.

 

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 CPUTR2008

 

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

We could do with some help from you.

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Hi thank you for this. I have checked my Experian credit records tonight and there is absolutely nothing adverse on my records. No CCJs, nothing. Everything on there is exactly as I would expect for my current circumstances. My record is clear.

 

When I send the above letter, should I sign it or just leave the signature blank, or should I print my name. I am really worried that I will leave myself wide open somewhere and it will give them a way in to keep pursuing me.

 

Many thanks.

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Always just print your name, never add your real signature.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi,

I would just print your name.

If they write back saying they won't accept what you are saying without a signature then you could use this

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19364&d=1277325754

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Many thanks to both. I have just got a report from the Trustonline re: CCJs etc. I looked at England and Wales, and small claims in Scotland which is Mackenzie Hall are based and I am completely clear. I will send the letter and keep you posted. I am absolutely scared at the moment. I have read such dreadful things about them.

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I wouldn't worry about it. They have NO powers. MH are incompetent idiots, that just try to fool people.

 

Once you send the letter, you should hear no more from them. If you do then contact Alan Stewart of East Ayrshire Trading Standards and he should put a stop to it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I wouldn't worry about it. They have NO powers. MH are incompetent idiots, that just try to fool people.

 

Once you send the letter, you should hear no more from them. If you do then contact Alan Stewart of East Ayrshire Trading Standards and he should put a stop to it.

 

I fully agree. MH are the plankton on the ar*e of the bottom feeders of the DCA world. I have seen them off 3 times for my daughter

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you for the reassurance. I know this is a stupid question but should I date my letter. I am wracked with nerves at the moment and not thinking too straight.

 

Thanks again.

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Yes and don't forget to send it recorded delivery

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Had almost similar from MH a couple of weeks ago, put my sister in hospital. Went back through all her old paperwork and it has been SB since 2001! I have reported MH to OFT and TS via Consumer Direct online and sent an extremely angry SB letter to MH. No response as yet, but just received her (my sisters) CRA file today, they have not entered any information but have twice searched her account recently under 'trace'. Considering she has been at the same address for 22 years I find that excessive too and a complaint will be going to CRA and ICO.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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