Debt collectors - What do I do?

[Fogel]

Hi forum people, I've been reading a lot of the posts here and I'm fairly

sure I know what I need to do but would appreciate your advice too.

 

I've been receiving letters/e-mails/texts and phone calls from Mackenzie Hall over

the past couple of months all saying the same thing, i.e. we ned to contact the named person

in relation to a personal matter etc but nothing more.

 

I've recently come back from holiday and have received a letter from them finally detailing

what they're chasing me for, the letter is below:

 

Date of Letter: 28th August 2012

 

Ref: M********

Client Ref: *******

Pursuers: Cabot Financial (Europe) Limited

Original Creditor: Egg

Principal Sum: £****.**

 

FAILURE TO RESPOND NOTICE

 

Dear Mr ******,

 

Despite previous correspondences you have failed to respond. We have obtained this alternative

address as a financial link, linking this address to the previous abode. The financial link information

was supplied by a credit reference agency.

 

We have been instructed by our client to recover this overdue amount on their behalf.

 

Our clients have informed us that they are unaware of any legitimate reason for non-payment of

their account and although they would prefer an amicable settlement, they will not hesitate to take

further action as may be appropriate.

 

We trust that this will not be necessary and would request that you send your payment by the

deadline below:

-------------------------------------------------------------------------------------------------------------------------------

Payment Deadline: Noon, 4th September 2012

-------------------------------------------------------------------------------------------------------------------------------

 

If you have recently forwarded payment or if there is any issue you would like to bring to our

attention then we would ask you to contact this office immediately by telephone on 0844 411 5068

 

Important: If you are not the named person above please contact us quoting Address ID:

CM******** to stop any further communication.

 

Now there are a couple of things I'm not sure about, I've checked my credit file (Check my file and Noddle) and they

both have the same thing on there, namely, Egg have a default on there against me which shows payment history ok until August 2006 (When I started having trouble) 1st missed payment in September 2006 and then it shows debt assignment in October 2009. Then there's an entry from Cabot starting on October 2009 and it's still showing as default now. Both entries are obviously for the same Egg card and they both say they're reported until October 2012.

 

My questions are this:

 

1. Is it normal to have 2 entries for the same account by 2 separate companies like this?

2. Can I send the Statute Barred letter now, or should I wait until October?

3. The date of default on the Egg entry states 26/10/2006 but the entry for Cabot says 01/10/2006, isn't

the date of default usually a few months after the actual last contact/payment?

 

I'm confident that I've not paid/acknowledged or contacted Egg in any way since the very beginning of August 2006 so I know

that 6 years has passed but I'm worried that if I send the statute barred letter now just before it comes off my credit file

will the timer reset? (Sorry if it's a stupid question but I'm really worried about this!).

 

Thank you so much for any help you can offer!

 

Ms Fogel.

[Stigman]

Hi,

 

First of all, what date did you make the last payment or send a written letter of acknowledgement?

It is from the above two that the debt becomes Statute Barred, please note that it is 6 years in England/Wales and 5 years if you live in Scotland.

 

If it is over the 5/6 years, then send the Statute Barred letter in the templates Library, do not send the Statute Barred letter until the time as elapsed.

 

If it is only a month away, just continue to ignore and let the clock tick away.

 

Stigman

[Fogel]

Hi Stigman,

 

Many thanks for the lightening quick reply!

 

The last payment I made was either in July or August 2006, guaranteed no later than August 2006 and I've not contacted them or acknowledged

any communication from them since.

 

I was thinking of ignoring them until after they fell off my credit report (This is the last thing then it's clear!) but this letter from MH

has me worried.

 

Many Thanks

 

Ms Fogel

[Stigman]

Hi,

 

Then the debt is Statute Barred, send the letter.

 

Now Muck Hall are at the bottom of the DCA scrap pile, never let a DCA worry you, that is what they thrive on, like a school bully who want your lunch money, give in and they want more, show fear and they pounce - get the drift?

 

The date deadlines are purely to get you to contact them by telephone so someone can lie, cheat, bully and intimidate you into making a payment which will go straight into their pockets and not off of the debt, also by paying you are then funding the DCA to attack more innocent people.

 

Expect the following... either Muck Hall will hand this back to Cabot who will then farm it out to another (possibly Arrow Global) or expect a phantom payment made in July 2007, this is a common tactic being used by DCA's but they still have to prove the payment was made by you.

 

Send the letter via recorded delivery so you have a trace system.

 

Stigman

[42man]

The letter is here - http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred send recorded delivery, and if they continue to harrass you then let us know.

[Fogel]

Stigman, 42man, I can't thank you enough! I did think about just sending the letter, but your comments have given me a great deal

more confidence in doing so.

 

One last thing, do you think it's worth sending it to MH and Cabot?

 

Thanks again

 

Ms Fogel

[Stigman]

One last thing, do you think it's worth sending it to MH and Cabot?

 

Send it to whoever chases you, in this instance Muck Hall.

 

Stigman

[Stigman]

When sending the statute barred letter be also best to insert the following...

 

Please note that I do not acknowledge any debt to you or any Company that you claim to represent.

 

Stigman

[Fogel]

Thanks Stigman, I'll send it this afternoon and I'll be sure to add the extra text.

 

Many, many thanks indeed!

[BRIGADIER2JCS]

Hi Welcome to CAG,

As Cabot now own the debt their entry should be removed, the Cabot default date is to your advantage anyway but the statute barred date is often up to six months prior to the default date so my guess is that it is statute barred now so you can send the following without compromising the status of or acknowledging the debt.

 

To the Compliance Manager

Mackenzie Hall

 

Ref: as on their letter.

 

Dear Sir or Madam

 

I refer to your letter regarding a debt you allege is owed by me to Cabot for an account originally from Egg please take note I do not acknowledge any dedt to Mackenzie Hall or Cabot, I have taken advice on this matter and have researched my credit history and have concluded that any such debt is statute barred, therefor I will not now or in the future make any payment or offer of payment in regard to this alleged debt.

 

I am fuly aware of the OFT Guidance 2003/2011 and the Limitation Act 1980 and the reference regarding the pursuit of statute barred debt.

 

You `will now cease to process all data relating to me and remove all information from your files you should also inform your client of the status of the account.

 

For claification this letter is NOT acknoledgment of any debt to any party mentioned in your letter, and I will not make any payment.

 

Send recorded delivery.

[Fogel]

Thank you BRIGADIER2JCS, that's a great letter, I'm printing it as we speak. If I receive anything back from MH I'll be sure

to update this thread.

 

May I also just say, you're all amazing! I shall be donating to this site so as to help keep it running!

 

Many Thanks again

 

Ms Fogel.