Aktiv Capital/Mackenzie Hall

[susiec]

Dear All
Some advice needed please! I have received a letter today from Mackenzie Hall on behalf of Aktiv kapital addressed to me using my old married name , which I have not been known by for 8 years. It refers to a debt with Halifax RBS & is for 4584.00.
About 10/12 years ago I did have a Halifax credit card with a £900 limit which I can only think is what this refers to. They are requesting a payment of £24.82 now and further payments of £40 per month. If I don't comply they will"sanction a doorstep visit by our field collectors Meritforce".
This has really got me rattled as I live alone having recently been widowed. I know that I haven't made any payments on this debt for at least 7 years. Can they send people to my home?
Please could someone give me some guidance ? Should I send a prove it letter or just ignore this letter which is not in my name.
Any help gratefully received
Thank you
Susiec

[teaboy2]

Re: Aktiv Capital/Mackenzie Hall

Simply write back to them stating the "You do not acknowledge the debt as the debt is over 10 years old, without any acknowledgment or payments being made in that time, making it statuted barred."

As for their threat to make a door step visit, include this - "Also with reference to coming to my home address, please also note the following:

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and any necessary action will be taken."


Then make a complaint to OFT about them chasing a statuted barred debt.

[susiec]

Re: Aktiv Capital/Mackenzie Hall

Thank you Teaboy2. My old married name has no connection to this address- what name would I put on the letter?

[teaboy2]

Re: Aktiv Capital/Mackenzie Hall

Put your current name on it. But do not sign by hand, PRINT YOUR NAME IN CAPITALS. As iw ouldn't put it past low life DCA's like aktiva and Mackenzie hall, trying to lift your signiture and fabricated an agreement using your signiture. Also if they tell you you made a payment less then 6 years ago, ignore them as its usually a lie to try fool you into paying.

Also check you credit file, if they have issued any defaults on your credit file you may have grounds for suing them for libel. As they can not register a default notice twice, and you can bet your house on them registering a default when you originally defaulted on the account over 10 years ago, which will have dropped off your file after 6 years.

[susiec]

Re: Aktiv Capital/Mackenzie Hall

Sorry Teaboy but I'm a bit reluctant to use my surname as it is now, and has been for 8 years. Wouldn't that give them more ammunition ? I know my credit file doesn't have this on it , and there are no references on my file with my old name either.

[Curlyben]

Re: Aktiv Capital/Mackenzie Hall

In all honesty don't do anything.
Mucky Hall are well known for dealing with utterly unenforceable and statute barred debt.
Also as they are "acting" for another DCA they have ZERO legal powers to do anything.
So save you time and effort and IGNORE them completely.
ANY contact will simply encourage them to harass you for a while until you crack.

[susiec]

Re: Aktiv Capital/Mackenzie Hall

Thanks Curlyben - letters I can deal with - its the thought of someone coming to my home that rattles me- I live alone with no family or friends close by. What's the likely hood of a doorstep visit ? I'm terrified of some bully boy showing up .....

[teaboy2]

Re: Aktiv Capital/Mackenzie Hall

Instead of signing the letter with a name just sign it as the occupier with your address at the top of the letter on the right hand side.

Even if you decide not to send the letter, there's a 50/50 chance they will assume silence is guilt and start hounding you by phone as well as letters.

[Curlyben]

Re: Aktiv Capital/Mackenzie Hall

Don't sweat the doorstep threats as that's all they are.
There's very few DCA's that really do send doorsteppers and Mucky Hall is NOT on that list...

[susiec]

Re: Aktiv Capital/Mackenzie Hall

Thanks Curlyben- I might just balance some boiling water on top of the door tho - accidents happen......
Seriously I am very grateful for your comments. I will ignore this letter and wait to see if any mote arrive. If they do I'll come back here.

[brandy1966]

Re: Aktiv Capital/Mackenzie Hall

Dear All
Some advice needed please! I have received a letter today from Mackenzie Hall on behalf of Aktiv kapital addressed to me using my old married name , which I have not been known by for 8 years. It refers to a debt with Halifax RBS & is for 4584.00.
About 10/12 years ago I did have a Halifax credit card with a £900 limit which I can only think is what this refers to. They are requesting a payment of £24.82 now and further payments of £40 per month. If I don't comply they will"sanction a doorstep visit by our field collectors Meritforce".
This has really got me rattled as I live alone having recently been widowed. I know that I haven't made any payments on this debt for at least 7 years. Can they send people to my home?
Please could someone give me some guidance ? Should I send a prove it letter or just ignore this letter which is not in my name.
Any help gratefully received
Thank you
Susiec

hi have had dealings with this company they will send you loads of treatening mail and harras you on the phone my advice is to contact the fso and report them as they are well known for this type of thing

[tware667]

Re: Aktiv Capital/Mackenzie Hall

Today (10/03/14) I received the below from Aktiv Kapital, which appears to say we cannot prove the debt but we're going to pursue it anyway:


Please be aware that whilst, at this stage we cannot provide the documents you have asked for, this position could change in the future at which point we will of course contact you further and supply copies to you.

We appreciate this may not be the response you hoped for, however if you were to confirm the reasons the documents were required we may be able to assist you further or alternatively consider your proposals.

Your account will shortly be returned to our collections department. You will then be able to arrange a payment plan and benefit from our incentive programme called ‘New Deal’.

‘New Deal’ enables you to access benefits that reduce the amount you owe. You may also be able to take advantage of our loyalty scheme called Aktiv Kapital Plus which enables you to accrue additional money from the payments you make. This is put to one side for you in your ‘New Deal’ account and can then be used towards settling your debt.

To find out more about the benefits of ‘New Deal’ you can visit our website www.aktivkapital.co.uk/newdeal or just call us and we will go through the details with you.