Cabot And Mackenzie Hall

[Ell-enn]

Having received "pay up or else letters" from these two in the same week! I sent of CCA requests to both of them on 22nd August. Yesterday I received a letter from Cabot telling me that they were requesting the agreement from their client, they returned my £1.00 postal order(?). Mackenzie Hall sent another demand letter - or rather 2 demands (2 copies of the same letter in 2 separate envelopes) totally ignoring the CCA request. MH are chasing an alleged Barclaycard debt - but I haven't had a Barclaycard since around 1997 or 8.

Would be really grateful if anyone could advise what I do now?

[ashmk]

Can you prove they recieved the CCA requests ?

 

If so, just sit tight and keep all the threats they send. They are just digging a hole for themselfs if you ever make a complaint.

 

Untill they comply with the CCA request and provide you with the revelent paperwork the account should be frozen and they shouldnt be writing to you unless its to update on your CCa request.

 

As for the £1 being sent back... Dont worry about it. They can do as they wish with it. The important thing is you sent it in the first place. Just file it with the rest of your letters.

[djdave]

Cabot's new tactic is to bury their heads in the sand and say that the CCA doesn't apply to them (which differs from many people's understanding of the defination of "creditor" in section 189). They believe this gives them carte blanche to ignore CCA requests.

 

AFAIK it's not been tested in court whether this a valid arguement, but if you ask in the Cabot forum I'm sure some of the experts there will advise

 

Other than that, keep in mind that if this alleged debt dates back to '98 and has never been subject to a CCJ, it will be statute barred. So long as you don't admit it in writing, nor pay anything towards it, I can't see any DCA taking it further.

[NailPost]

Are both these companies chasing the same debt? If they are that's a breach of the OFT's guideliens. sadly that's all they are, guidelines and not rules, but that is still reason enough for you to start making life uncomfortable for both Cabot and Mackenzie hall. Start by lodging a complaint with the OFT.

[pmhcfc]

Having received "pay up or else letters" from these two in the same week! I sent of CCA requests to both of them on 22nd August. Yesterday I received a letter from Cabot telling me that they were requesting the agreement from their client, they returned my £1.00 postal order(?). Mackenzie Hall sent another demand letter - or rather 2 demands (2 copies of the same letter in 2 separate envelopes) totally ignoring the CCA request. MH are chasing an alleged Barclaycard debt - but I haven't had a Barclaycard since around 1997 or 8.

Would be really grateful if anyone could advise what I do now?

 

First thing to do is PM a mederator or site helper and ask to get this moved into the Cabot forum..The rest of the advice given thus far is all helpful stuff..Just one addition; Once a debt has become statute barred it stays that way, even if a payment or acknowledge is made.

 

It's not unusual for Cabot to act in this manner, you'll see if you come to the Cabot Threads. Oh, and bring this post with you ;-)

[Curlyben]

IMO I woudln't of bothered with the CCA, I would of gone straight for the Statute Barred letter and make them PROVE that the "debt" is still valid.

 

MH are well known for ignoring requests and chasing stat barred debts.

[Ell-enn]

Nailpost,

 

They are different "debts" (amounts). I have signed proof of delivery for both letters so will just wait and see what happens next.

 

Thanks for everyone's replies - it's good to know I'm not on my own!!!