Mackenzie Hall - we paid - can we get it back?

[ohwhatafool]

Hi all

 

I wish I'd found this site May last year! My husband received letters from J2Solutions re 'attempting to contact' ... being an upstanding citizen I persuaded him to call them as I didn't want any CCJs against our name, and he seemed to think it was about a debt him and his ex wife had which he thought may have been paid off. Anyway, after several months of receiving letters from Mackenzie Hall, on behalf of Cabot Financial, and not receiving any documentation regarding the original debt, I bottled it and when we got a full and final settlement offer for under half the original debt, I persuaded my hubbie that we should pay it. Which we did, and I have to say the chap on the phone sounded pretty surprised when we paid by switch over the phone

 

Do we have any leg to stand on to try and get it back? He's not sure if the original debt actually was paid off or not, he doesn't have any paperwork, and I see from other posts, its unlikely they do either. We asked for written confirmation that the debt was cleared but never got it!!! I've no idea whether the debt is time barred - if it is, does this give us any legal rights?

 

Should I write this off to bitter experience?

[NailPost]

It doesn't really matter if your man doesn't have any paperwork because its up to the other side to prove the debt exists.

 

I stand to be corrected but sending the CCA letter to MHall and Cabot will make a start to prove the paper trail. It will cost £1 to each company and the letters must be sent by recorded delivery.

 

If they cannot provide the evidence you would have a case tyo get the money back. It may prove difficult to persuade these leeches the money was paid in error and that is still some time off in the future - both companies have 12 working days to come yp with the necessary details. If they don't then after a calendar month of non-compliance they commita criminal offence. This won't actually mean any official body will actually do anything about it but it gives youa stronger platform to argue.

 

In addition a SARN letter should be sent to original creditor. This will elicit information about the alleged debt - was it paid, when was it sold, how the sum was reached and any letters sent to you by them in pursuit of the cash.

 

This may take a little time but you should be firm in your objective. If ther money was obtained when it was not due it should be repaid - with interest and a sum on top for nuisance and distress plus your costs.

 

If it gets to the "pay it back" stage be ready to issue a court claim for the money. Don't worry its surprisingly easy. Read the other threads in this forum.