muckenzie hall....

[Vivaladaz]

Hi guys, firstly I have read and used this website many times for advice and it really is helpful! So anyway here is my first post I do hope it is in the right section??

 

Basically have had a couple of debts from many years ago which I'm 99% sure are over 6 years old and are statute barred,

 

One is being chased by Mackenzie hall, and the other is fairfax solicitors both the debts total about 2500 roughly,

 

Put a long story short I got loads of advice from

This website and sent the CCA letter and postal order to both firms, this was done recorded delivery on the 5th April,

 

I have heard nothing since apart from another letter from Mackenzies still threatening court etc etc but totally ignoring the fact I have requested cca,

 

Then a couple of days ago I received a postcard from ashworth law?? Stating they will be visiting my address on the 30th April, now I am currently living at my parents address so obviously this is not nice for them either,

 

I basically am just after some advice on where I stand IF these people turn up, as I have requested CCA from both these ****** companies and haven't received sod all!

 

Any advice would be highly appreciated!!

 

Thanks

 

Dazza

[dx100uk]

they have no legal powers anyhow

 

IF they do turn up

 

tell them to go away

 

i DOUBT it very very much.

 

dx

[Vivaladaz]

Hi thanks for reply, also is it true that the dca have only 12 days to reply to a cca request?? Or am I imagining this..??

[rebel11]

It's actually 12+2, so 14 days. Read number (4) in my signature.

 

Thread moved.

 

Hi thanks for reply, also is it true that the dca have only 12 days to reply to a cca request?? Or am I imagining this..??

[silverfox1961]

Hi,

Look HERE at section 4 for some harassment letters. Sending the 'doorstep' letter should halt them in their tracks.

 

Muck Hall are the kings (or queens) of the Statute Barred debt. As they are still chasing you could report them to East Ayrshire Trading Standards. You could also remind them of their obligations that they gave to the OFT

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/requirements.pdf

[Vivaladaz]

Silverfox thanks for your advice, so should I send them the doorstep harassment letter immediately? Recorded delivery of course? Or wait and see of they turn up?

Also if the 12+2 days goes by then what happens?

Thanks

Dazza

[silverfox1961]

Highly unlikely they wil turn up but you could keep a letter by the door should they turn up. Give it to them and politely tell them to go forth and gently slam the door

You could post them a copy of the letter if you wish, which will save them travelling expenses

 

Once the 12+2 are up and no response, you may (if you want to) send the non compliance letter (it is in the same link I gave earlier) If you are ABSOLUTELY sure this debt is SB, you could send that letter but for now I would hold off until MH reply

[Vivaladaz]

Great, yes I will follow that advice, I am pretty sure it is statute barred but like u say I will wait and see what these scummers have to say first, and a non compliance letter will be on it's way!

 

Thanks once again, I will post up and let you know how it pans out!

 

Kind regards

 

Dazza

[PGH7447]

ashworth law according to a website of that name is a claims management company

[Vivaladaz]

Good news, just got home and the first debt letter from fairfax has stated the case is closed as it is statute barred! Excellent, just got to wait an see what Mackenzie hall have to say.....

[Vivaladaz]

So now if a dca sends you a letter confirming it is statute barred and no further correspondence will be made, can I write to them to take it off my credit score? Or what is the process for this?

Thankyou!

[silverfox1961]

A debt that is SB shouldn't be on your credit file!

Any defaults stay on your credit file for 6 years-the same as the Statute Barred clock.

[Vivaladaz]

Ok, so if the defaults are still there, who would I contact to remove it? The dca who were chasing or the original creditors?

[silverfox1961]

You would need to check the dates of when they filed the defaults as they should automatically fall off after 6 years.

 

The Information Commissioner has said that a default should be placed as soon as possible after the missed payments, usually within 6 months. If they have placed it long after that, a formal complaint would be in order to the creditor

[dx100uk]

see what sending a copy of that letter to the CRA will do?

 

dx

[Vivaladaz]

hi guys,

 

so i have been getting letters from mackenzie hall for the last couple of months, threatening this that and the other, i am 90% sure it is statute barred,

i sent the CCA letter about 3 - 4 weeks ago, i have had no reply from them, the letter was sent recorded with the postal order enclosed,

the only reply i have had is a text from them sayin ring this number urgently and speak to blah blah blah and quote some old number,

now obviously i havent done this, so what would be the next steps to take? do i wait and see what they decide to do or send another letter?

any help would be greatly appreciated!

 

cheers

 

dazza

[rebel11]

Thread moved.

 

If you think it's 'statuted barred', you send send the prove it letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If it's Statuted Barred, the CCA request is a waste of effort.

[coledog]

If they have not responded to your CCA request, you need to send the 'Account in Dispute' letter see below.

 

Who is the Original Creditor? Has this been sold on? How certain are you this is SB? You possibly need to make more enquiries before sending the SB letter

 

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[NailPost]

Once the account in dispute letter is received by the debt collector - so you'd better send it by recorded delivery - all collection activity must stop until the dispute is resolved. Any breaches should be reported to trading standards amd oft - the latter especially so as they slapped MHall's wrist a while ago about their tactics.

[coledog]

Make a complaint to Trading Standards about Mucky

 

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

 

and also OFT

[rebel11]

Thread merged.

[bealio]

A debt that is SB shouldn't be on your credit file!

Any defaults stay on your credit file for 6 years-the same as the Statute Barred clock.

 

so would i be right in saying that there is a little window where the debt falls off the radar but the default can still remain until its time has lapsed?

[ArtisanUK]

Highly unlikely they wil turn up but you could keep a letter by the door should they turn up. Give it to them and politely tell them to go forth

Rather than referring them to the celebrated retort in the matter (edited)

[silverfox1961]

Rather than referring them to the celebrated retort in the matter

 

Could I ask you not to repost that link as it contains swearing and we the forum does not allow swearing

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.