Mackenzie Hall - What do I do?

[MaltaMan]

Plese can someone help!

 

I have a substantial debt for a motorbike loan that I was unable to pay due to a crash and subsequent time off work. This happened about 6 years ago. I have been struggling with my finances ever since and have been unable to repay the loan.

The debt has been passed on to Mackenzie Hall who are threatening me with court/prison/repossesion etc - I have just ignored them as every time I try to reason with them they just end up becoming abusive.

I have offered to pay 50 pounds per month back as it is all that I can afford but they said it's either all or nothing. The amount comes to just over 12000.00 pounds - there is no way I can afford to pay it back.

Essentially they have nothing they can reposess from me as I don't own a house or car and only have a few personal items worth nothing if they were sold.

They told me that as I had nothing of value, my parents would have their house reposessed or there belongings taken if I couldn't pay - surely this is a lie?

They have been phoning my parents (my previous address), telling them I am in lots of trouble. This has caused a lot of problems as my parents are very worried now (they have just retired). I really don't want them to know or be involved.

I think the only way out of this is to file for Bankruptcy but I can't even afford to do that at the moment. I spoke to them before Christmas (MKHall) and told them I would file for bankruptcy as soon as I could afford it. Now they have started there hounding again.

 

Please, please can I get some advice.......

 

What should I do next?

 

I am currently living and working in Malta but not earning much, what other options do I have other than bankruptcy?

 

Any help and advice would be most appreciated,

 

Regards,

 

Mat Richards

[stroke a badger]

Mat.

 

First things first - WELCOME

 

Ok, can you advise when the last payment was made, If any charges are including in the total amount owing and how MH are communicating with you as you are currently out of the country.

[ODC]

RELAX

 

They cannot send you to prison.

 

This matter can be very swiftly dealt with indeed.

[mr.ton]

Maltaman:

Firstly NEVER SPEAK TO THEM - they will only get you to agree to what u cant afford and talk to u like cr@p.

PLEASE RELAX although i know its prob easier said than done.

Mac Hall operate from the deepest sewer of debt collecting.

They are usless with a capital U - they will threaten you with just about everything...of which none of it ever actually happens.

I have first hand "experience" of them & whilst i should not advocate the ignoring tactic...in the case of this lot, it really does work

If they are worrying u too much then get the likes of the CAB/OFT & trading standards involved - you will soon never hear from them again then

[NailPost]

If MH say its all or nothing they may very much end up with zilch. An offer has been made, if you said it on the phone repeat it in writing but add a rider that they must first provide sufficient documentation to prove beyond reasonable doubt the debt is yours, the sum is correct and they have the right to collect.

 

If they don't agree invite them to take you to court and let a judge decide. I'll bet you they won't!

[tiglet]

would also report them to TS & OFT for harrassment and giving information of your debt to your parents and ask to invoke their complaints procedure regarding the breach of the DPA. The IOC or FOS won't reprimand them until you have gone through their compalinst procedure, unfortunately,

[MaltaMan]

Thank you for your advice so far.

 

I haven't made a payment since the accident which was in 2002. I was supposed to be insured but the insurers decided otherwise....

 

Due to my credit rating falling apart and lack of finances I have been putting my head in the sand trying not to think about it.

 

I'm unsure of the exact amount owed but its between 12-13000 GBP.

 

MH are only communicating by ringing up my parents house. I have a maltese phone number here but they do send me text messages and leave answerphone messages on my UK number (I check this usually once a week).

 

What should I do next?

[tiglet]

Get your parents to send the telephone harrassment letter, including stating that you do not live at this address.

 

One thing to be aware of, however, is that you may not be able to claim the debt is statute barred if you moved broad without notifying of your address as it could be seen that this was done for debt avoidance purposes and to make it difficult to be traced.

 

It might be worthwhile sending off a CCA request to see whether MH have actually got a legal right to collect the debt.

[MaltaMan]

Thank you.

 

If they do have the right to collect the debt then what would be the best thing to do next?

I would rather not contact them over the phone but should I send them a letter giving them my address/contact details?

[42man]

Tiglet as far as the debt avoidance goes, I think it is only classed as illegal debt avoidance if you change your name or produce a false death certificate (as it could be argued that all your paperwork got lost in the move) Whatever the situation the debt is statute barred after either not paying or acknowledging that the debt is yours in 6 years. Although DCA's will try and make you pay statute barred debts - (until this is challenged by stating this) - I have never heard of a DCA quoting in writing (sure they may say that on the phone !!) that they would chase a 6+ year debt on the basis that they were deliberately avoiding paying...I may be wrong of course...

[ODC]

Malta Man send MH the Statute Barred letter. The burden of Proof is on THEM to prove otherwise.

[42man]

It might also be worth writing in the letter that you only wish to correspond in WRITING ONLY - ANY PHONE CALLS MADE TO ME WILL BE REGARDED AS HARRASSMENT AND TREATED AS SUCH

[tiglet]

Tiglet as far as the debt avoidance goes, I think it is only classed as illegal debt avoidance if you change your name or produce a false death certificate (as it could be argued that all your paperwork got lost in the move) Whatever the situation the debt is statute barred after either not paying or acknowledging that the debt is yours in 6 years. Although DCA's will try and make you pay statute barred debts - (until this is challenged by stating this) - I have never heard of a DCA quoting in writing (sure they may say that on the phone !!) that they would chase a 6+ year debt on the basis that they were deliberately avoiding paying...I may be wrong of course...

 

I will try to find some threads for you tonight as the anklebiter is harrassing me, but this CAN be construed as debt avoidance and therefore negate the statute barred argument. Not only have DCA's trotted this out, legal bods have confirmed on the forums that this could potentially be used in a court in oredr to overturn the statute barred argument.

 

I would certainly send the statute barred letter; however, I wanted the OP to be informed of this possible eventuality so that it would not come as a shock if they trotted it out. Sending a letter from a foreign address, rather than a C/O in the UK may raise MH's suspicions.

 

The fact that they can now contact him through his parents would say to me that they are unlikely to use this argument, but it is always better to be as prepared as possible.

[ODC]

Tiglet

 

I think MH would have to PROVE the OP went abroad to deliberately avoid the debt.

 

Let me think

 

 

MH taking someone to Court and winning

 

MH having the Correct Paperwork

 

Somehow I dont think Malta Man has too much to worry about do you???

 

 

 

 

 

 

Whopps there goes another of those flying pigs

[tiglet]

Probably not - was only advising on the possibility so taht the Op would be careful, as i've alraedy said.

[tiglet]

Sorry, that sounded a little sharp - ankle-biter was in full destruction tantrum mode as i tried to quickly type that.

 

What I meant to say was that although i fully acknowledge the likelihood of MH having bog roll, nevermind anything else, is slim, the OP should be prepared for them attempting the "You left the country so we could not trace you, therefore statute barred does not apply" argument and, if it came to it, some judge, after a particularly agreeable caseload that day, agreeing. Judges, after all, are not always going to agree with the defendant and it may be difficult for the OP to get back to the UK to defend in person.

 

I would send the statute barred letter and if they try that tactic, just to be on the safe side, get ready to send them a CCA request.

 

PS Love you ODC xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx