Sorry guys Mackenziehall again! bcard debt

[Paddysreturn]

Hello Everyone!

 

I have read other threads but not sure which aspects apply to me, so please accept my apologies if Im regurgitating old questions.

 

Like many, I received a letter from MH a couple of months ago regarding an outstanding Barclaycard debt from my student days (approx 95/96). Its only just under 500 but I phoned them and said, this was well over 6 years ago and that IMO the debt had expired (after all I assumed I had suffered all the repercussions with my credit rating). They told me it hadnt as the Barclaycard didnt attempt to get a ccj at that time (im not sure if they claim they have tried to get one in the last 6 years or that they never tried). Anyway, I set up a standing order to pay £20pm. Now they have offered me a 30% discount to pay in full.

 

After reading everything on this forum, Im not sure where I stand. If I should be paying this, it makes sense to take the discount and get them off my back. However, if they are just trying their luck then I obviously dont want to part with my cash for nothing (although I must stress, this was a genuine debt accrued by me)

 

Thanks in advance for any responces.

[handyandy]

Dont Pay Them A God Damm Think Mate, Statue Barred,,, 6yrs Is Up And They Dont Have A Leg To Stand On

[NailPost]

Did you discuss this matter with MH only on the phone?

Have you made any payments?

 

The response depends on answers to these questions.

[Paddysreturn]

Hi,

 

I discussed the matter by phone with them when I suggested that the debt had expired. Afterwards, I emailed them offering them £20 per month and I have made 2 payments of £20 so far.

[Paddysreturn]

So judging by the other threads on here, am I correct to assume that As ive acknowledged the debt in the form of an email and started to make payments that I am now obligated to continue paying the debt until it is cleared?

[NailPost]

Just because you've paid £40 doesn't mean MHall have the right to collect. Before making any more payments tou must insist MHall provide you with full details of the debt. This includes a signed, true copy of the credit agreement - this will have the date on it. Their obligation also includes a statement of account showing the balance and should show when the last payment was made (that is the ones before the two most recent payments). They should also provide proper evidence of the right to collect.

 

They have 12 working days to provide this information under the CCA. See the template letter in the library.

 

The chances are that Mhall don't have these documents and will default on the demand. If the default lasts beyond a month they have committedf a criminal offence (yet again) and cannot do anything.

 

But they're stuffed anyway because this matter is statute barred.

[Paddysreturn]

Sorry to be a little slow, but is the template youre suggesting the 'Subject Acess letter' plus £10?

[NailPost]

CCA S77/78 letter, costs a £1, best paid by a postal order and remember to send it recorded delivery.

[NitrousOxide]

Hi,

Unfortunately even if the debt is barred you start the ball rolling again when you start paying them. If you pay money on a debt the court looks on it as admitting liabilty.

[NailPost]

My understanding is that once the matter is statute barred nothing can unbar it, even payments made. Stopping payments now would force MHall, or any other debt collecting firm, to either admit defeat or go to court to force an order. They would face difficulties persuading a judge that they way they go about their business is ethical.

[mcuth]

My understanding is that once the matter is statute barred nothing can unbar it, even payments made.

 

Now, I always thought that if you acknowledged/paid on the debt after a 6 year gap (e.g. you were unaware of the SOLA and paid up when a DCA tried to collect), you restarted the statute clock. However, reading the National Debtline factsheet, it looks like it would still be unenforceable - from the "What should you do next?" section:

 

If you have started to make payments on a debt where there was more than a 6 year gap then it is probably unenforceable. Phone us for advice 0808 808 4000

 

I'd say the OP should ring up NDL for advice

 

Cheers

 

Michael

[stiffnuts]

Really sorry to say that you have started the clock again, and The Limitations Act 1980 no longer applies. There may be other ways out of it though.

[NailPost]

A legal eagle told me that nothing unbars a statute barred matter so my advice is to get proper advice.

 

Stiffnuts alluded there are other ways out. This is to get Mackenzie Hall to prove the debt by producing the details they hold about it. You should CCA these muppets, you'll find the template in the library, and remember to send it recorded delivery.

 

Mackenzie Hall, like other similar debt collectors, usually don't have these documents and will try and palm you off with excuses - if they reply at all. They have 12 working days to respond. If they don't they cannot enforce the debt without a court order. If that default continues for more than 28 days they commit a criminal offence - I'd like to see them explain their actions to a judge!

 

What has to be remembered is that no proof = no debt. If thyey can't come up with the paperwork you could even chase MHall for the payments you have (wrongly) made to them. If they try and avoid this sue them. It would cost you about £30 up front but once won they would have to pay you. If they don't you could send in the bailiffs!

[Paddysreturn]

Thanks to all who responded to my query.

 

I spoke to national debtline (Thanks Mcuth), this is what they advised me (hopefully this may be of use to future posters).

 

Once a debt is statute barred it remains statute barred. That cannot be changed. It does not matter if you have started to make payments again.

 

What this means is that the court will not enforce it. Therefore, there is no authority to which they can go to enforce this debt. It is the debtor's responsibility to bring up the statute barred status. Therefore in this case MH were legally within their rights to continue to collect the debt, until I point out that it it statute barred. However, when I point this out they must either go to a court (which they wont do as they wont win) or stop contacting me.

 

 

 

 

I hope this helps others in my situation. Shame I gave them £40 but Im more than happy with this turn of events. Thanks to everyone who offered advice.

[Paddysreturn]

Yes, Nail, it seems Nat debtline are giving the same advice as your legal eagle. Thanks for your help.

[mcuth]

Once a debt is statute barred it remains statute barred. That cannot be changed. It does not matter if you have started to make payments again.

 

What this means is that the court will not enforce it. Therefore, there is no authority to which they can go to enforce this debt. It is the debtor's responsibility to bring up the stature barred status. Therefore in this case MH were legally within their rights to continue to collect the debt, until I point out that it it statute barred. However, when I point this out they must either go to a court (which they wont do as they wont win) or stop contacting me.

 

Nice succint summary.

Thanks for posting back after getting the final word from NDL - glad it tallies with NailPost's advice - should definitely prove useful to others

 

Cheers

 

Michael

[stiffnuts]

Really sorry to say that you have started the clock again, and The Limitations Act 1980 no longer applies. There may be other ways out of it though.

 

My apologies I rechecked my advice and others are quite right according to section 29(7) of the Limitation Act 1980 which says "but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

 

Well done you legal eagles

[DMN]

hie guys.

i'm new at this but i've just had a letter from MH saying i need to contact them on a personal matter.Could sum1 tell me wat a CCA is please?

[The GodMother]

no need to respond it is a fishing letter.

[DMN]

ta Godmother .wat do i do if they keep writing though?

[The GodMother]

do you need toilet paper?

 

Until they write to you with some deffinate facts and not the letter you have just got then do nothing. I have ignored 2 pin number type letters from them so they must have given up by now.

[NailPost]

Contact Mac Hall in writing only, do not phone them. It p's them off because they are totally geared up to be a telephone based company and letters do not get read or responded to unless they contain money. If they continue to hassle you get them to send you their complaints procedure. That is a sure fire way of shutting them up as they have yet to produce such a procedure.

[ferrari50]

My wife and I moved house 2 months ago and MackenzieHall sent a letter to my wife at our old address.Our old landlord delivered it to us today,anyway I phoned them as my wife was at work and they would not tell me anything saying it was data protection.They were very rude and asked for our new address.I told them I was not giving them our address without my wifes permission,so they told me to text my wife at work and tell her to ring them "immediately".But because of their attitude I did not contact her.What I would like to know is that my wife and I were declared bankrupt on November 21st 2007 and all our debts were written off so we dont owe anybody a single penny so HOW can they tell us to pay a debt when we have not got any? Should we write to them or just ignore them as we have got a signed crown court order stating we are bankrupt.

Thanks for any advice.

[Mariner]

Hi ferrari50.

 

You appear to have posted on the end of an old thread. I suggest you start your own thread about this. If you look above stickys and announcements you will see the 'Start new thread' button. Also I suggest you read the FAQ section particularly Bookworm's 'How do I......' section.

 

Regards