Mackensie Hall

[lkd79]

Hi

I need some advice. Mackensie Hall have been contacting me since the end of november. I have found the woman who contacted me very agressive and i have often been in tears after these calls.

I know the debt they're trying to collect on is over six years old so what do i. I tried to set up a payment plan with them via letter and complained about the calls i had recived but this was refused.

so what do i do next because i can't cope with the weekly calls.

thanks

[TotallyWithoutPrejudice]

Hi,

I'm so sorry you're having a crap time with these "people".

 

You say you know the debt is over 6 years old -

Do you mean that you've heard nothing/paid nothing etc in 6 years, or that it started 6 years ago but you've had contact with, (I imagine) the original creditor in the meantime?

What sort of debt is it?

Have you already got a CCJ for it?

When you say the payment plan was "refused", does that mean you haven't paid them anything since they got in touch last November?

 

Don't panic, I know it's hard to remain calm when they call, but for what it's worth you're not alone.Most of the folk on here have been in the same position you're in at one time or another.

Hang in there, help will arrive soon.

TWP.

[NailPost]

When they call you next tell them you have decided not to speak to them but want everything from them in writing only.

 

Confirm this in writing and remember to send it recorded delivery. Your letter will state further phone calls will be logged and recorded for court use and their harrassment of you in this way will not be tolerated.

 

Turn on them in this way and you have control of the situation and they will either lose interest and moveonto the next gullible punter or provide the necessary proof and deal with you in a respectable manner.

[lkd79]

Hi,

I'm so sorry you're having a crap time with these "people".

 

You say you know the debt is over 6 years old -

Do you mean that you've heard nothing/paid nothing etc in 6 years, or that it started 6 years ago but you've had contact with, (I imagine) the original creditor in the meantime?

What sort of debt is it?

Have you already got a CCJ for it?

When you say the payment plan was "refused", does that mean you haven't paid them anything since they got in touch last November?

 

Don't panic, I know it's hard to remain calm when they call, but for what it's worth you're not alone.Most of the folk on here have been in the same position you're in at one time or another.

Hang in there, help will arrive soon.

TWP.

 

 

HI

I had'nt recived any calls or letters about this debt in six years and It's a barclays debt because i went overdrawn. I have not paid them a penny because they're demanding all the money and I can't pay it.

Thanks

[gizmo111]

Can you remember exactly when you made the last payment and did you acknowledge the debt in your proposals to pay letter?

Is there a CCJ on this debt.

[lkd79]

Can you remember exactly when you made the last payment and did you acknowledge the debt in your proposals to pay letter?

Is there a CCJ on this debt.

 

 

Mackensie Hall say they're going to take me to court and i offered to pay on the account reference they had given me.

I made a payment to the bank six yers ago i think but I'm sure that was last payment.

I don't know if theres a ccj.

Thanks

[gizmo111]

Mackensie Hall say they're going to take me to court and i offered to pay on the account reference they had given me.

What sort of debt was this?

 

I made a payment to the bank six yers ago i think but I'm sure that was last payment.

 

You need the exact date you paid this to see if this is statute barred or not

 

I don't know if theres a ccj.

 

Not if they are threatening court.

[lkd79]

I've got no way of knowing the exact date. I'm not a good record keeper. But i know it was some time in 2000 possible early 2001 at the latest.

Thanks for the help

Louise

[gizmo111]

To claim this debt is statute barred you must be sure of the date of last payment - before you acknowledged the debt by offering to pay.

[TotallyWithoutPrejudice]

Am I right in thinking that because this is an overdraft, that a CCA letter won't be any help because overdrafts are not covered in that bit of the legislation?

I think that if I were you I'd send the statute barred letter and tell hem to go away. If they can't prove that the debt isn't statute barred - ie there was no payment for a 6 year period and no acknowlegement, then it might as well be statute barred! I'm not sure how ethical that is, but at least you'd know what evidence they've got regarding payments, and you'd know whether they would be able to prove it wasn't statute barred if they try to take you to court.

Can someone with more experience jump in, please?

[ODC]

Am I right in thinking that because this is an overdraft, that a CCA letter won't be any help because overdrafts are not covered in that bit of the legislation?

I think that if I were you I'd send the statute barred letter and tell hem to go away. If they can't prove that the debt isn't statute barred - ie there was no payment for a 6 year period and no acknowlegement, then it might as well be statute barred! I'm not sure how ethical that is, but at least you'd know what evidence they've got regarding payments, and you'd know whether they would be able to prove it wasn't statute barred if they try to take you to court.

Can someone with more experience jump in, please?

Surely if you contacted all these 'people' and claimed the account was staute barred it would be up to them to prove you have made a payment or acknowledgement of the debt within the last 6 yrs. In that way they would do the running and you would have your proof from them then if they kept on at you you could go straight for the jugular

[gizmo111]

Surely if you contacted all these 'people' and claimed the account was staute barred it would be up to them to prove you have made a payment or acknowledgement of the debt within the last 6 yrs. In that way they would do the running and you would have your proof from them then if they kept on at you you could go straight for the jugular

 

The point here is if she writes claiming hte debt is statute barred she is in effect acknowledging hte debt and if it isn't SB then she runs the risk of restarting the clock.

[PriorityOne]

In her first post, OP said that she tried to set up a payment plan by letter.

[gizmo111]

In her first post, OP said that she tried to set up a payment plan by letter.

 

But that means nothing if the debt was already stat barred - it will remain so, she needs to know the exact date she made the last payment to clear this up.

[lkd79]

]In her first post, OP said that she tried to set up a payment plan by letter.

 

I sent them a letter in december asking to pay in installments and recived a very agressive phone call in response.

They keep saying i have to pay it all in one go but talking it through with my mother. We think i paid this debt off in full about three years ago to another collection agency.

These phone calls are making me ill though recived two calls yesterday while i was out demanding I call them before the 19th.

[PriorityOne]

What about making a CCA request.... remembering to include the words "I do not acknowledge any debt to your company" ? This would throw the account into dispute until/unless they comply.... thereby stalling any threats of court action.

 

For what it's worth, my gut feeling is that they may be chasing you hard because the account is close to being statute-barred (if not already).

[gizmo111]

What about making a CCA request....

 

No point it is an overdraft.

[Curlyben]

How about a SAR at least that way you would definatly be able to find out the last payment date and then go from there.

If after this is does turn out to be Stat Barred then you can follow that route.

 

Otherwise I'd take note of everything that is said to you about it and make the DCA take you to court over it.

If, as mentioned, they are being unreasonable the judge will be able to see this and act accordingly.

[PriorityOne]

No point it is an overdraft.

 

Would MHall know that though ? It may be worth calling their bluff.....

[ODC]

The point here is if she writes claiming hte debt is statute barred she is in effect acknowledging hte debt and if it isn't SB then she runs the risk of restarting the clock.

Im with you now. However if she wrote 'I do not acknowledge this debt or any other to your company. Any payments or communications I may or may not have had with your client are more than six years ago.'

 

Would this work

 

The reason I ask I have a number of debts which I believe are over six yrs now or withinn a few months of being so. Would I be better SAR ing them all to find out the dates or sit tight for the momemnt

[lkd79]

Hi

I've sent off a CCA request to mackenzie hall this morning by recorded develivery. Have i done the wrong thing.

Also the over draft was caused by bank charges. Can i do anything about this.

Thanks

[PriorityOne]

On the CCA request, did you have the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY ?

 

Also, have you still got your old bank statements re. the charges ?

[lkd79]

I did have those words on the letter.

I hav'nt got any old statements on the account. I wish i did but i got rid of them 18 months ago.

Thank you for all the help.

[lkd79]

I'm willing to pay off my debt but it's the way this company treats me and others like me that upsets me.

[PriorityOne]

I did have those words on the letter.

I hav'nt got any old statements on the account. I wish i did but i got rid of them 18 months ago.

Thank you for all the help.

 

As long as you have those words in your CCA request, then it won't be seen as a re-acknowledgement. I doubt that MHall will realise that it is an overdraft. I am not sure what gets passed across when debts are sold other than a Deed of Assignment.... so, if they have bought the account, then they will (obviously) not be able to comply with your request if they are blissfully ignorant of what they have bought.

 

Hopefully, you will hear no more from them.... but if you do, then come back on here.

 

As for the bank charges, you can send a SAR but it is unlikely that you will get statements beyond 6 years. However, if you do SAR, then it should tell you when the last payment was made on the account.... you can then tell if it is statute-barred or not.