Cabot/Mackenzie Hall

[roux76]

Could someone please help me,

 

I have a debt which was originally with First Direct which I defaulted on 13/06/06 for £14625.

 

The debt was then sold on to Cabot on 21 June 2007,

now I am sure the last payment was made on 27 December 2006

& there has been no acknowledgement from me since this date

so I know that they would need to have issued proceedings by 27 December 2012.

However, I am also aware that once proceedings have been issued they have 4 months to effect service.

 

Mackenzie Hall have now been representing Cabot since 1st February 2013

and I have received 2 letters from them,

 

the first one offered a reduced settlement of £12432.07

and the second letter received on 04th April 2013 offering an Amazing Settlement Offer (their words) of £2925.19 which is an 80% reduction.

 

They have said this is a One Time Offer for which payment must be made by 22 April 2013.

 

It says that if no contact is made by 22 April then collection activity will commence for the outstanding balance in full.

 

On my calculations they would need to serve the court documents on me by 27 April 2013 at the latest.

 

Their last offer, gave me 16 days for acceptance,

which seems to be an unusual acceptance period (as I understand matter normally offers are open for 7, 10, 14 or 21 days)

and I am concerned that they have deliberately stated that the offer expires on 22 April to allow them a couple of days to serve the proceedings by 27 December

and ensure that they are still in time.

 

However, I appreciate that they will be running right to the limit of the time periods and I'm not sure that they would do this?

 

I have a friend who has said that they will pay the £2925.19 for me. However, I am concerned that

 

1. Payment may not be made in time. The offer says I have to make the payment before 22 April, it is now 20 April (a Saturday) and so I can't guarantee when it will "hit" their account"

 

2. If payment does not hit their account in time, I will have re - started the limitation period.

 

Please could anyone assist with the above or let me know whether you have any experience of MacKenzie Hall and their tactics.

[maroondevo52]

Hello and Welcome,

 

I have moved this thread to the appropriate Forum.

 

Regards,

 

Scott.

[roux76]

One other thing the system for making the payment is online & they have given me a PIN to log in and make the payment, if I log in, but don't pay will this count as an acknowledgement. Also will they trace the bank details if my friend makes the payment and try and see if there is any link between us.

[maroondevo52]

If the last payment was in December 2006 and no further payments or acknowledgement has been made this debt is Statute Barred, hence the massive 'discount'.

[filrobbo]

Don't pay any thing ask for proof of debt and loss to them

[maroondevo52]

What was the 'debt' ?

[roux76]

Thanks, I am aware that they would have had to issue proceedings by 27 December otherwise it will be statute barred, but once proceedings have been issued they have 4 months to effect service which means I could actual still get a court summons within the next week.

 

Are they likely to have issued proceedings, but then make an offer prior to service of papers? Is this a tactic MH are known to use?

[roux76]

The debt was a loan maroondevo.

[maroondevo52]

The debt was a loan maroondevo.

 

Like I said, if there was no payment or acknowledgement of this debt for a period of 6 years, it's Statute Barred.

Whether or not you feel you have to take up their amazing 'offer' and pay what they have suggested is entirely up to you, bearing in mind they have purchased this debt for peanuts.

 

They can continue to ask you nicely to take up their 'offer' or if for some reason you feel it will put you in financial difficulty you can write to them stating this debt is Statute Barred and you will not be making any payments towards it.

[citizenB]

If the last payment was made in December 2006, then it would have become statute barred in January 2013 !

 

Send the statute barred letter - until you advise that it SB and that you will not be making any further payment toward the debt, then they will continue to pursue .

 

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued.It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

[citizenB]

Link to statute barred letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[roux76]

Thanks CitizenB,

 

Just so that I am clear does the limitation period run from the date of the last payment made (in this case 27 December 2006) or the date of the first missed payment (where no other payments have been made) i.e. 27 January 2007 in this case?

 

Also, will it depend on the terms of the loan?

[citizenB]

Thanks CitizenB,

 

Just so that I am clear does the limitation period run from the date of the last payment made (in this case 27 December 2006) or the date of the first missed payment (where no other payments have been made) i.e. 27 January 2007 in this case?

 

Also, will it depend on the terms of the loan?

 

It applies from when the first missed payment is due and not paid. Which is why I said in the earlier post that your debt would become SB'd in January 2013.

 

Not quite sure what you mean about the terms of the loan, what are they ?

[roux76]

I've seen elsewhere that the limitation period could start after 2/3 missed payments, depending on what was provided in the terms of the agreement (unfortunately I don't have a copy).

[maroondevo52]

I've seen elsewhere that the limitation period could start after 2/3 missed payments, depending on what was provided in the terms of the agreement (unfortunately I don't have a copy).

 

I always thought it was from the last payment date, default date would be after.

[dx100uk]

can you please get your CRA file

 

and tell us the default date

and if it is showing at all please

 

its a spoof debt no-one offers a £10k discount!!

 

dx

[renegadeimp]

From the info OP has given so far, the debt is SB and laden with charges. No way would the OC sell a debt that big for pittance. Especially to cabot who rarely have the correct paperwork and only care about the big number.

[roux76]

Hi, my default notice date was June 2006 (has now drop off the CRA) but I have paperwork showing the last payment as 27th December 2006 (at the very latest)

[renegadeimp]

Send them the SB letter and see what comes back. I reckon theyll try and say you made a payment for £1 in late november 2007 or early march 2008.

[roux76]

Hi, thanks for the help.

 

Is this a tactic that they generally use then? any particular reason for those dates?

 

In your experience, do you think it is likely that they would have issued in late December/early January but delayed serving proceedings (given that they have 4 months to do so) in order to make further offers? Or do they generally serve proceedings as soon as they are issued?

[renegadeimp]

It is a tactic and legally its fraud, although they claim its an "admin error". Thats why you need to send the SB letter and see what comes back. If they try to claim as i stated above, you need to demand proof of payment and inform the OFT asap. Until you inform them that the debt is Statute Barred, they are entitled to continue chasing you for the money and they wont be breaking guidance or regulation.

[dx100uk]

where are you getting this 4mts thing from?

 

tell them its SB'd

 

its for them to PROVE its not sb'd

 

not for YOU to prove it is!!

 

 

dx

[Andyorch]

Subbing to thread

[Feebee_71]

Hi, my default notice date was June 2006 (has now drop off the CRA) but I have paperwork showing the last payment as 27th December 2006 (at the very latest)

 

If your default notice was June 2006 then the LATEST date the account would have become statute barred was June 2012 so, even allowing for this 4 month action period (something I've never heard of before - though I'm no expert but an avid reader of this forum), they would have had to do something by the end of October 2012!!

 

Feebee_71

[renegadeimp]

Stop worrying about 4 month periods and follow the advice already given.