Please help, letter from Macenzie Hall

[money4nothin 4mercs4 3]

have received a letter from this company saying that they are preparing court papers (CCJ) on behalf of thier client 1st credit. If I do not apply they will send out these papers as above.

 

Have already phoned National Debt line (v helpfull) as the debt is over 6 years old. There have been no payments or contact in this time, witht this creditor. I am about to post a letter I draughted, using the NDL template for "staute barred" debt. Have read the fact sheet and am slightly confused as to what an now happen - the letter is going first thing Monday recorded delivery.

 

Can they no longer collect the debt? Can they go to County court to proceed further? If they have no legal claim, will they just walk away after?? Can they go to County court without sending papers?? Will the court "throw the case out"??

 

Has anyone had a similar experience with this company??

 

Mant thanks in advance of your help guys

[lookinforinfo]

There are a number of factors involved when deciding whether a debt is statute barred or not.

1] you have paid nothing off the debt for at least six years

2] you have not acknowledged the debt in writing in the past six years

3] no default has been registered against you on that account for the past

six years.

I am assuming there is no ccj already your name on that account since that

would prevent Mackenzie Hall from applying for another ccj.

 

If you have met all those criteria, then the debt is unenforceable even if

you are taken to Court. You will have to be careful though that a default

has not been registered against your name. And the main way of doing that is to get copies of your credit file from all three Credit Reference Agencies-

at a cost of £2 each. [you will need all three companies files since the default

could be on any of them.

If the debt is statute barred then MH should not be pursuing you for the debt.

Send off the statute barred letter pointing out that as they are aware of the age of the debt, any further communication from them to recover said debt will result in a strong complaint to the OFT as to the fitness of MH to hold a Consumer Credit Licence.

[money4nothin 4mercs4 3]

Hi many thanks for the reply,

 

the answer to all 3 is no during the past 6 years - apart from sending the above letter, is their anything else I should do, this contact has come completely out of the blue??

[lookinforinfo]

Just send the statute barred letter off-there is a template one in the forum you can use as it has to be carefully worded to avoid acknowledging the debt

when pointing out it is out of date.

Once MH know that you are aware of the time factor, if they have any sense

they should leave you alone thereafter-but it is a big if..........

[NitrousOxide]

Hi,

If its like this one it's just one of their many standard computer generated letters.

[money4nothin 4mercs4 3]

Hi very similar,

 

except that it says court papers have been prepared ready for court action. Apart from that virtually identical

[ODC]

Its still a bluff from the Threatomatic computer. MH would have several steps to go through before taking you to Court. They churn out entire rainforests of this stuff all the time. As long as you are 100% sure you have made no payment or written acknowledgement of any debt then send them the statute barred letter anyway. Sit back and await their response. Post it here and we will have a little look over it for you

[money4nothin 4mercs4 3]

thanks for the help guys - will post the statute barred letter first thing in the morning. Then sit and await any response.

[NitrousOxide]

Its still a bluff from the Threatomatic computer. MH would have several steps to go through before taking you to Court. They churn out entire rainforests of this stuff all the time. As long as you are 100% sure you have made no payment or written acknowledgement of any debt then send them the statute barred letter anyway. Sit back and await their response. Post it here and we will have a little look over it for you

I'd like to reiterate this point.

You will be literally be bombarded with Mackenzie Hall letters, none of which come from a human.

One thing I'm not sure of though and maybe someone else can answer is how litigant they are.

[ODC]

I'd like to reiterate this point.

You will be literally be bombarded with Mackenzie Hall letters, none of which come from a human.

One thing I'm not sure of though and maybe someone else can answer is how litigant they are.

They will not have any CCA so although they can Talk the Talk they cant Walk the Walk:D . TS are well aware of these cowboys.

[money4nothin 4mercs4 3]

many thanks for the advice guys (in conjunction with a handy / concise free factsheet from national debtline). Posted the statute barred letter on the 23rd july and they received this on 24th July (and signed for it). Have not heard a peep out of them since.

 

Is there anything else I should do or not as the debt is unenforceable??

 

Once again many thanks - although I feel lucky that I have the internet and could access the advice of you and NDL. Many others are more vulnerable than me sadly, but have already pointed one person in the direction of this site.

[rory32]

Is there anything else I should do or not as the debt is unenforceable??

 

Currently you don't have to do anything.

 

Many others are more vulnerable than me sadly, but have already pointed one person in the direction of this site.

Well done. The more people we can help the better.

[ODC]

many thanks for the advice guys (in conjunction with a handy / concise free factsheet from national debtline). Posted the statute barred letter on the 23rd july and they received this on 24th July (and signed for it). Have not heard a peep out of them since.

 

.

Oh dear yet another Statute Barred debt they have failed to con someone into paying. When will they learn. Our Soles

[wyldekitty]

Came back from holiday on Saturday to a letter from Macenzie Hall. This is the 1st place I looked for info. Didn't realise they were so prolific!

 

My boyfriend has just contacted them and they claim this is a debt for a Sky box from 1995 and that he should have told Sky his new address when he moved out. My fella explained that he hadn't had Sky since 1997 and that all he had no knowledge of this debt. He also informed the arrogant operator that as the debt was over 6 years old and no effort had been made to contact him, this debt was now statute barred. The operator insisted that the law made no reference to the age of a debt that can be collected! I'll be hunting down the statute barred template tonight and sending it recorded delivery tomorrow! We've had a copy of his credit file from Experian and Equifax but this debt isn't mentioned and there isn't a CCJ recorded for Sky.

 

Many thanks to everyone for your postings.

 

I'll keep you informed.

[rory32]

The statute barred template is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M.

 

Please start your own thread on this that way you will get a lot more help and your postings won't get lost in this thread.