Mackenzie Hall???

[Dr. Greenwell]

Hi guys im new to this forum and would appreiciate some good advice! I received a phonecall 4 days ago (my wife answered it) from a firm called mackenzie hall.They left a ref no. but did not say who they were.I phoned back when i got in from work asking who they were after giving the guy who answered the phone the ref no. I DID NOT confirm my name and put the phone down when he asked me for my date of birth.Today i received 2 letters saying i owed upwards of 5 grand.I had a few bad loans about 12 years ago and received ccjs for them.But now my credit rating is excellent and i have no debt at-all.I take it from some of the threads ive read that these guys are real scumbags who will stoop to any level to fleece money out of people with statued barred debt (which i belive applies to me).I also take it from what ive read that the best thing to do would be completely ignore all there correspondence and phone calls. Would this be the right way to handle this matter????

[gizmo111]

Hi Doc,

 

Unfortuneately if you have a CCJ on these debts then they are not statute barred - you really need to check which debts ahd CCJ's and which didn't so you know how to react to these letters.

[Dr. Greenwell]

On 12 year old debts???

[lookinforinfo]

It is possible, if a ccj was posted almost at the end of the 6 year period

that it could still be valid. Take a look at your credit report

to find out.

[gizmo111]

A CCJ is valid in theory for ever. The 6 year statute barred means that no legal action can be taken on a debt - a CCJ means that action has already happened.

[simonjohn]

A CCJ is valid in theory for ever. The 6 year statute barred means that no legal action can be taken on a debt - a CCJ means that action has already happened.

 

However, sec. 24(1) of the statute of limitations act 1980 say's

 

Time limit for actions to enforce judgements.

 

" An Action shall not be brought upon any judgement after the experation of six years from the date on which the judgement became enforcable".

 

What this means in practice is the creditor or their agent has 6 years to enforce the judgement via:

 

1) warrant of execution

 

2) attatchment of earnings order

 

3) Third party debt order

 

So in the case of a Default judgement( one in which you have not responded to the court claim) and if you have not paid any sums due to the creditor and if they have not taken any action to enforce the judgement. Then the creditor can take no further action.

 

However, If you have Paid any sums due under the judgement or the creditor has applied for an attatchment of earnings order Then the 6 years starts from the date of the last payment that was made to them. If you stop paying a judgement it is then down to the creditor to take further enforcement action.

 

If they dont then after 6 years they lose their legal right to take any further action.

 

http://www.lawcom.gov.uk/docs/cp151apa.pdf

[sequenci]

However, sec. 24(1) of the statute of limitations act 1980 say's

 

Time limit for actions to enforce judgements.

 

" An Action shall not be brought upon any judgement after the experation of six years from the date on which the judgement became enforcable".

 

 

they would also need to prove that they obtained the judgment in the first place, courts do not always keep the best paper-trails!

[NailPost]

Its my understanding that failing to chase-up a ccj for more than six years means the chaser (Mackenzie Hall in this instance) needs to go to court to explain to a judge why they haven't. If that happens they will need to show the judge clear evidence the debt and the ccj exists. Its not just courts that have poor paper trails - MHall has never heard the term.

[Dr. Greenwell]

My credit report is perfect.No ccj's.I belive these cowboys are just fishing.I think the no contact route is the way to, go!

[lookinforinfo]

While you know that the debts are statute barred, MH do not know that you know. So they will continue to write, phone and may send someone round to your home. Eventually, to get rid of them, you are going to have to deal

with them. The quicker you write, the quicker they must stop.

[sequenci]

bear in mind that the onus is on Mhall to prove that the debt ISN'T statute barred, so they would have to prove that the judgment was granted in the first place.

[Dr. Greenwell]

what would i have to write to them to get them off of my back?

[sequenci]

what would i have to write to them to get them off of my back?

 

you *could* try the following.

 

bear in mind that the limitation act doesn't apply for a debt with a ccj attached, but mhall would have to prove that the judgment was obtained. So this may/may not work, but worth a bash anyway perhaps

 

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

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 section 40 (1) of the Administration of Justice Act 1970”.

 

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

Mr A N Other

[Dr. Greenwell]

Thank you very much sequenci, i think ill give that a bash!

[mac hall]

I have just had a letter fromMacKenzie Hall stating I owe to them, via the Lovell Group the sun of £1200 on a Barclaycard that I have never had

I did a credit report and my score is excellent with 971/100 and there are no defaults or CCJ's.

I have replied in an informal way asking for documentary evidence, as the phone call resulted in them telling me they did not need to supply that information to me.

HELPHELP

[NailPost]

If Mackenzie Hall's muppets have refused to disclose information to you on the phone they won't do so if you have written to them "informally". The only way to get these people off your back is to write to them formally using the CCA letter (letter N I think in the sticky at the top of the forum). Remember to enclose your £1 postal order and always contact this firm by recorded delivery.

 

If this debt exists, and its up to them to prove it does, they will have to provide documentary evidence of it. They have 12 working days to send it to you. Accept no excuses and letters suggesting they have written to Lowell or Barclaycard for the documentation. After 12 days the debt is unenforceable without court action. A judge will take a dim view of their tactics. Past experience has shown Mackenzie hall never have much in the way of paperwork and the end result is therefore No papers = no debt.

[Dr. Greenwell]

Hope im not being paranoid but me thinks mackenzie hall keeps an eye on whats being said in these forums.Got another phonecall today from some london outfit called phillipson international,they work in exactly the same way as those other cowboys (ref no. etc, etc) its laughable really,because basically there toothless lions.I suppose if they were keeping an eye on this forum that it wouldnt take them to much to work out who the people that are complaining about them really are and pass on our information to another ****** ("debt collection agency":-x )outfit who will try to do the same.Screw em anyway, they wont get 1 brass farthing out of me!!!!!!!!

[Dr. Greenwell]

Oh forgot to say checked my credit record again,just in case,and im happy to say everythings still hunky dory:D .

[NailPost]

Its against OFT guidelines for two debt collectors to chase the same debt at the same time. When next they call just waste their time by asking who they are, what their security details are and refuse to answer their daft questions.

I find that saying "WHAT?", loudly, in answer to all their questions quickly baffles most debt collecting monkeys.

[Dr. Greenwell]

Think ill give that a go nailpost.As for the OFT guidelines,these scumbags break the rules everyday and nothing is ever done to them!

[mac hall]

Thank you guys(and Gals) for the support and advice given so far. I will follow that advice and fully expect to see that they give up.... What a [problem]... even if people send in the £1 and £10 needed to resolve the issue they still make money.

 

Just because you are paranoid doesn't mean they aren't after you.

[rosiecotton]

The OFT are certainly gathering information on this company. Send copies of your paperwork to them - what will happen, I don't know - but I know they do have a case file.

 

This company specialise in chasing old debts including those which are statute barred. The best course of action in my opinion is NOT to acknowledge the debt in any way, and ignore all their letters.

[mac hall]

will do... there seems to be varied BUT useful advice coming in from all.

It is all appreciated .

[Dr. Greenwell]

HERE,HERE.I absolutely agree with you on that one B.The mugs (mac hall) again, unsucessfully,tryed to get in contact.There just a load of divvy chancers.There all **** and wind and should be treated like the excrement they are .

[c-mantics]

been getting letters n pone calls from mackenzie hall since oct 07 they are rude on the phone and the letters they send are basic threats when i tried to make re-payments (which were accepted by the way) was later told they were only token payments and were reducing the balance on my account not stopping further action (WTF) should i just let them take me to court and take my chance's there surly it would be better than getting threats on the phone and voicemail and dreading the postman coming

please help