Mackenzie Hall

[boo2]

Hi,I never posted here before but I need some advice and this seems like the perfect place.My boyfriend had a letter from MH about two months ago, asking him to call and if he wasn't the above named person could he call and tell them. I googled the company & realised they are a debt collection agency. We didn't get in touch as it seemed they wasn't even sure if he lived at the address.He had a postcard type letter yesterday saying: Please call .... no later than september 12th if you are not the above named person please call ..... this is not a circular or junk mail we need to speak to you urgently regarding reference number .....He doesn't remember having any outstanding debts. He was going to get a credit report however I have read somewhere that if you do that MH will know & it will make them chase you further?I don't know whether to:1) wait for them to send another letter detailing how much is owed etc & then my boyf will know if he has that outstanding debt OR2) send them a letter asking for the original agreement OR3) send them the letter claiming that the debt is status barred as neither me or my boyf have any recollection of him corresponding with anyone in the last 6yrs regarding money owed to them.If anyone could offer some advice, I would be really grateful!!

[pmhcfc]

Hi,I never posted here before but I need some advice and this seems like the perfect place.My boyfriend had a letter from MH about two months ago, asking him to call and if he wasn't the above named person could he call and tell them. I googled the company & realised they are a debt collection agency. We didn't get in touch as it seemed they wasn't even sure if he lived at the address.He had a postcard type letter yesterday saying: Please call .... no later than september 12th if you are not the above named person please call ..... this is not a circular or junk mail we need to speak to you urgently regarding reference number .....He doesn't remember having any outstanding debts. He was going to get a credit report however I have read somewhere that if you do that MH will know & it will make them chase you further?I don't know whether to:1) wait for them to send another letter detailing how much is owed etc & then my boyf will know if he has that outstanding debt OR2) send them a letter asking for the original agreement OR3) send them the letter claiming that the debt is status barred as neither me or my boyf have any recollection of him corresponding with anyone in the last 6yrs regarding money owed to them.If anyone could offer some advice, I would be really grateful!!

 

If you're certain there's been no correspondance or monies paid within the last 6 years then the debt is statute barred. Ignore this letter (but keep it) for the time being and wait to see what they send next.

[djdave]

I'd agree. There's a decent chance that they're fishing for somebody with a similar name, or that they've bought a lemon - a stature barred or unenforcable debt.

 

You've done the right thing by asking for advice here, but for now I'd ignore them and wait for their next move.

 

The most important advice I'd give is NEVER speak to these people by phone: they'll twist your words and try to trap you into admitting that you owe them money.

 

The onus is on a DCA to prove that you owe money, they can't force you to prove that you don't.

 

Do keep us posted

[boo2]

Thank-you for your quick response!Do you think we should just ignore it even though we can't be 100% sure that there's been no correspondence or monies paid for six years? Also Is it at all possible that they have the right name but wrong person?

[djdave]

I'd still ignore it.

 

If you genuinely do owe some money, let the DCA prove it. There's a tried and tested route which involves asking for a copy of the original agreement. If it does turn out that there's a genuine debt, and all the paperwork is in order, then you can begin negotiating a repayment.

 

But let them do the legwork!

 

Btw, even if there has been correspondance in the last six years, unless you've admitted a debt in writing (or made a payment) that doesn't affect the Stature Barred timescale.

[ODC]

Thank-you for your quick response!Do you think we should just ignore it even though we can't be 100% sure that there's been no correspondence or monies paid for six years? Also Is it at all possible that they have the right name but wrong person?

Definately. MH specialise in Statute Barred debt and unenforceable debt. They send out loads of letters to people with similar sounding names in the hope that someone will be mug enough to pay them. LET THEM PROVE YOU ACTUALLY OWE money. They wont

[boo2]

So basically if they send another letter asking for money etc then I should send them one back asking for the original agreement? If they don't provide it what do I do then? I won't turn up at the house or anything will they?I really appreciate your help!

[djdave]

Don't panic. They're incredibly unlikely to send anybody round, and even if they did a debt collector is not a baliff and has absolutely no legal powers, including right of entry.

 

If and when they send another letter, let us know what it says and we'll take it from there.

 

[ODC]

They are based in a tatty office in Kilmarnock so unless you live two streets from them they will not call. You have more chance of finding Shergar than thes numpties calling. Wait until you get another lying letter from them and come back here. Personally at the moment I would not waste the £1 for the CCA

[boo2]

Thank-you so much for the advice. I do feel a lot better now. I will wait & see what they do next - I assume they won't leave it there! so will keep you posted when I do hear from them.I'm so glad this site exists!

[ODC]

Tell all your friends about CAG

[cerberusalert]

I would check your credit file to see whether this DCA has registered it!

 

Oddly enough, I'm going through the same situation & have just been in contact with my local TS who had the audacity to tell me that a DCA can add statute barred debts to credit reference files. To be honest the woman I spoke to wasn't particularly 'clued up' & soon got lost when I started quoting various legislations & guidelines!

[boo2]

ODC - Will def tell my friends, fam etc about this site!Cerberusalert - I think I might just wait & see what their next letter says & if needs be then check my boyf credit file. I just don't want MH to be alerted that we are looking at my boyf credit file. It might encourage them more!I don't understand how they have the rights to do these things, shouldn't personal information be kept personal?!

[djdave]

I don't understand how they have the rights to do these things, shouldn't personal information be kept personal?!

That's the $64,000 question, sadly.

[ODC]

IF you do decide to check your file with some of the CRAs cough Equifax cough you should be aware that you will get more letters from other DCAs chancing their arm and trying to pin an old debt on you. Not only that but you will find a remarkable number of loan offers appear through the post. Hardly a coincidence. DCAs and CRAs work very closely together in what couild be cynically described as an incestuous relationship