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andrew1402

wife getting letters from different debt angencies for Barclays plc HELP

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:sad:i just recently my wife has been recieving letters from 2 debt agencies mackenzie hall and dlc (directlegal and collections)these debts are from 2002 for a credit card from barclaycard and barclay loan which was given to my wife 1 when she was unemployed and 2 they come in wifes maiden name and one in her married name we got married on march 15th 2002 what can i do about this thats the only knowledge we have because we moved from the address in question in 2006 our previous we moved in 2000 what can we do to stop this?.

 

we have checked with credit report these are not on there:-(

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Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards, he can get them stopped.

 

It sounds like the debt is STATUTE BARRED and they are chancing their luck. Don't speak to any debt collecting company on the phone, just send a simple letter stating at the top "I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOUR COMPANY OR YOUR CLIENT"

 

and state that you do not recognise the debt and you need proof of when the last payment was made on the account, including details of any bank account the money came from and the name of the person making the payment.

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thanks for replying m8 it's a big help but we do know of the debt but with it being years old can't remember the details of payments etc we just know that it's in the maiden name one of them which didn't change till 2002 which would make the debt 8 years old and i think with the loan it's the same year but wife doesn't remember getting the loan and she is a bit careless when it comes to debts if you know what i mean so what do i do first a letter to both companies asking for details?.Do my wife need to use her maiden name or her married name with these letters?im no good at writing letters as you can see.

Edited by andrew1402

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As sillygirl says report to TS, here is a letter i have for you to send to leeches

 

I DO NOT ACK NOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Dear

 

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


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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thankyou guys i'll get right on it and let you know progress

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HI guys as you can see there is post heading wife getting letters from different debt agencies Barclays PLC mackenzie hall well i got one this morning in my name looking for me no amount to pay just reference number what can we do to get rid of these guys i just want to kill them they are starting to get on my nerves i forgot what letter or template for request for information oh and by the way this letter had email address could i send letters to them through there or recorded delivery?.Also has anyone got a letter i could use and address for Alan Stewart any help to get rid of these guys for would be greatly appreciated.

Edited by andrew1402

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Guest wino

Do you know what these alleged debts are?

If not send the prove it letter to each DCA chasing you.

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

At the top of the letter write I DO NOT ACKNOWLEGE ANY DEBT TO YOUR COMPANY

Send a £1 postal order and do not sign the letter.

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thanks guys for replying so promtly and the help but why do we have to pay them £10?as well as the recorded delivery can't afford to keep sending money to companies that should give the information in the first place?.i have no knowledge of the debt.

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Hi andrew,

 

Subject access request (Data Protection Act) Under the Data Protection Act, individuals can ask to see the information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data.

A subject access request must be made in writing and must be accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary, particularly if the information requested is for health or educational records. If a subject access request is made to a credit reference agency for financial information (ie a credit file), then the fee is £2, and the information must be provided within seven working days. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information.

A reply must be received within 40 days as long as the necessary fee has been paid. A data controller should act promptly in requesting the fee or any further information necessary to fulfil the request. If a data controller is not processing personal information of which this individual is the data subject, the data controller must reply saying so.

 

http://www.ico.gov.uk/tools_and_resources/glossary.aspx

 

thanks guys for replying so promtly and the help but why do we have to pay them £10?as well as the recorded delivery can't afford to keep sending money to companies that should give the information in the first place?.i have no knowledge of the debt.

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Guest wino

To get a DCA to prove you owe the debt you send a £1 postal order as this amount is to cover their costs. If they cannot provide the proof i.e. credit agreement then they will return your postal order and go away. Not to say another DCA won't try the same thing.

 

A SAR request is what you would send to Banks the fee is £10 and for that you should get all the info they hold on your account.

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right we've heard from hillesden securities formily Barclays letters states* thankyou for your letter reguarding the account we have referred back to the original lender for further information and will advise you accordingly upon reciept of their response* i sent recently recorded letter acknowledging that i do not know the debt previously advised by creditcardmug im a bit suprised at this i thought they'd leave us alone but they continue not heard of mckenzie just this company dlc yet hillesden security formily barclays is same company DLC (direct legal collections) please advise us whats next?.Also just realised they know how the debt is and put an offer to pay by so much by certain date but they are formerly barclays and know of the debt and information why refer back to themselves sounds odd or am i misunderstanding what it means?.

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please help im worried see post above:evil:

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Hi andrew

 

Have you done as sillygirl suggested:- Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards, he can get them stopped, I think that is a step you need to take next.

 

http://www.east-ayrshire.gov.uk/item_detail.asp?UIN=1492

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Hi

 

Don't worry.

 

They're playing pass the parcel to confuse and frighten you.

 

Just wait and see what hey come up with.. unless anyone more experienced has better advice.

 

But don't worry and don't 'phone them.

 

regards

 

vic

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Hi there, you have writtent to them advising that the debts are statute barred - if they try to press for payment after receiving those letters you need to report them to the OFT. They will know that the accounts are statute barred and are just chancing their luck that you won't know about it. Make sure you keep your copies of the letters and recorded delivery signed for receipts in a safe place in case you need to prove they got them.

DO NOT speak to them on the telephone under any curcumstances - if you get any more letters from them let us know on here and we can help further.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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thank you guys very much for your help i'll sit tight and wait and see what happens also report them to Alan stewart i've kept the letters from Mackenzie Hall and HILLESDEN TOO not heard from MACENZIE but last mail we had was from hillesden we kept recorded delivery reciepts too and i never phone or email these type of ppl i'll keep you all posted on the situation thanks again BY THE WAY WHICH DEPARTMENT DO I LOOK AT FOR ALAN STEWART ON THE WEBSITE REBELL11?

Edited by andrew1402

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Andrew when was last payment on the account made?


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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don't know when last payment was made but is for for sure over 6 years ago thinking 2002/2003 we got married in 2002 and the letter was under wifes maiden name 1 in maiden then all of succen married name.

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WHICH DEPARTMENT DO I LOOK AT FOR ALAN STEWART ON THE WEBSITE REBELL11?

 

Hi andrew

 

Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards, he can get them stopped, I think that is a step you need to take next.

 

http://www.east-ayrshire.gov.uk/item_detail.asp?UIN=1492

 

You need to report them for chasing a debt that is statute barred.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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