mackenzie hall

[jimbo999]

Re: mackenzie hall

Hi,

Some advice please - I have been paying £20 per month for a large debt to a DCA for probably around 4/5 years, I contacted them for a balance update in January and they said that the debt had been passed to someone else several months ago, I immediately stopped the payments to them. The original debt dates back to late 90's, but I have been paying some money towards it since then.

Today I have received a letter from Muck Hall, attempting to contact me etc, etc. I have some experience dealing with debt agencies, but want to check whether the statute of limitations applies as the debt is very old.

I have not contact Muck Hall yet, please can anyone advise???

Cheers

[CleverClogs]

Re: mackenzie hall

Welcome to Legal Beagles!

If you'd been continuously paying towards the debt, it will not have become statute barred.

However, as Mucky Hall seems to specialise in buying unenforceable and statute barred debts, I'd first of all want to know about the alleged debt that was the cause of their letter. Was it the same one to which you'd been making payments or was it another?

If the debt was incurred in the late 90s and you only started to pay 5 years ago, had you made any payment at all or acknowledged the debt in writing in any way between having run up the debt and starting to pay? If six years (X) had elapsed between the debt becoming collectable and your starting payments, that debt was already statute barred and, despite what Mucky Hall might wish to pretend, a statute barred debt cannot be unbarred by subsequent payment.

(X) This refers to the Limitation Act 1980 - link; in Scots Law, the statute is the Prescription and Limitation (Scotland) Act 1973 - link - and the period is only 5 years - link.

[mr.ton]

Re: mackenzie hall

Who were you paying this £20 per month to in the 1st place?
This is typical DCA behavior really and why they should never be paid a penny ever.

[jimbo999]

Re: mackenzie hall

Thanks guys, I was paying a company called experto credite who agreed the £20 per month, I will have to ask Muck Hall for a statement before I commit to anything not sure if 6 years elapsed or not?