mackenzie hall / cabot financial europe

[kippyboo]

I have received a demand for payment today deadline noon 6/11/2008 from Mackenzie hall it says the pursuers are Cabot Financial Europe and the original creditor is Barclaycard. I know my ex partener who had an hsbc credit card in my name continued to use it after we parted but that was 13 years ago, and although I have changed address twice during this time I have never lived more than 1/2 a mile away from my original address and hsbc have never contacted me. I did receive a couple of letters 2 years ago from "winged messenger" asking me to contact them when i googled them it appeared they were connected to Global debt recovery and I ignored them.
The question is should I send them a letter saying the alleged debt is statute barred or should I just ignore them and let them waste money on letters phone calls ETC.
Advice appreciated
Thanks

[enaid]

Re: mackenzie hall / cabot financial europe

Welcome to Beagles kippyboo,
Here is some info for you to digest and I am sure someone with a little more know about this will be along to help you soon Enaid x

Originally Posted by Law relating to debts: statute-barred debts

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are

* in simple contracts (credit cards, loans, etc.), 6 years
* in contracts under seal (mortgages), 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

[Amy]

Re: mackenzie hall / cabot financial europe

So they are pursuing your Barclaycard debt as opposed to your HSBC debt and it is your HSBC debt that is statute barred?

[kippyboo]

Re: mackenzie hall / cabot financial europe

I have never had a Barclaycard I only ever had one card oops sorry it was Mbna card not hsbc are they part of the same group? As i said that was 13 years ago.
Shall I send the statute barred letter or shall i just ignore them?
thanks for your help

[Amy]

Re: mackenzie hall / cabot financial europe

Yes, MBNA is Barclaycard. From your post it appeared as if you were talking about 2 separate cards.

I'd be inclined to ignore them if this is their first communication with you and if you are absolutely sure the last acknowledgement of this debt was 13 years ago.

[kippyboo]

Re: mackenzie hall / cabot financial europe

Thanks for your quick reply
Yes im sure I have never acknowleged this debt for 13 years, My ex may have opened correspondence from them when I first left but didnt pass this on to me as it was him who created the debt. He has not lived at that address for 10 years now and as I said no one has contacted me and I have always been on the electoral roll.
I will ignore them and see if they pursue it , Im sure its unenforceable anyway, will let you know if I hear anything
Thanks