Mackenzie Hall Letter

[MaryBurns]

Re: Mackenzie Hall Letter

Will they threaten to collect his doorstep?

May be they can if its under there rules and regulation.....

[bluebottle]

Re: Mackenzie Hall Letter

May be they can if its under there rules and regulation.....

DCAs have very little power in law, other than that granted to them under a court order. However, a number of DCAs have been abusing Statutory Demands with the result that judges and the courts are sick to the back teeth with such abuse of the legal process. Sooner or later, a judge is going to rule a DCA to be a vexatious litigant and that can have a serious effect on their ability to pursue debt.

[CleverClogs]

Re: Mackenzie Hall Letter

They'll set MeritFirce on you soon enough

Will they threaten to collect his doorstep?

May be they can if its under there rules and regulation.....

Do you really think so?

[Rie1234]

Re: Mackenzie Hall Letter

I have spoke to my dad who is a very worldly man and he said any DCA have no power and can't do anything even if the debt is dead or still running! He said they are just bully's and they can only threaten ,but can't do anything! He said even if it did ever go to court the judge would rubber stamp it in our favour, they hate DCA ! But he said the chances of it going to court are very unlikely! He said the only persons u should worry about is county court, which would only be for things like fines from the police , unpaid council tax , or anything from the government. But anything under DCA is not worth worrying about! Even though he has told me all this and I'm sure he is right as he normally is, I still am worried, I can't tell him that otherwise he will tell me off he says as long as your important bills are paid ie, mortgage , rent , council tax and house hold bills don't worry bout DCA !!!!!!!

[FlamingParrot]

Re: Mackenzie Hall Letter

She tried to call again yesterday and left a voice mail telling me its urgent and i must call her back be fore 4pm! I didn't and don't intend to, the debt has come from a loan in that we had about 8 years ago , unfortunately we defaulted on the payments in 2008 and haven't been able to pay since, I know that sounds terrible that we have never paid it but our life has been turned upside down through unwell daughter. The letter says that we must contact them urgently to stop further action and quote ref, e.c.t! Thank you for your reply to my post as has made me me feel so much better ,also love the song me and hubby did have a giggle :dance:

No, it does not! :nono: Financial institutions create money out of thin air, all they are doing is making an entry on a database saying they've given you a certain amount, it's not the same as borrowing money from friends and family or paying for a service. And you should always put your family above your creditors!

Oh also never have written to them or any one to acknowledge debt, just phone calls. Last payment was Christmas 2008 trough an iva that we canceled as couldn't afford it in the end !

Just over 18 months to go :clock:

I have spoke to my dad who is a very worldly man and he said any DCA have no power and can't do anything even if the debt is dead or still running! He said they are just bully's and they can only threaten ,but can't do anything! He said even if it did ever go to court the judge would rubber stamp it in our favour, they hate DCA ! But he said the chances of it going to court are very unlikely!

Indeed, as there's been no legal action in so many years, they probably know it wouldn't be enforceable. Of course you can only be 100% sure once it's SBd. :grin:

He said the only persons u should worry about is county court, which would only be for things like fines from the police , unpaid council tax , or anything from the government. But anything under DCA is not worth worrying about! Even though he has told me all this and I'm sure he is right as he normally is, I still am worried, I can't tell him that otherwise he will tell me off he says as long as your important bills are paid ie, mortgage , rent , council tax and house hold bills don't worry bout DCA !!!!!!!

The county court can be used by anyone including DCAs, as well as you and me if we had a reason to issue a claim. What he probably means is that, once there's judgment against someone in the county court, it's easier to enforce the judgment, and CCJs never go SBd as such. Fines and council tax are the mean reasons why people experience trouble with bailiffs and HMRC like to bankrupt people for unpaid taxes so he's right in that sense, DCAs dealing with unsecured debt are at the bottom of the pile.

[CleverClogs]

Re: Mackenzie Hall Letter

HMRC like to bankrupt people for unpaid taxes

Why?

[Rie1234]

Re: Mackenzie Hall Letter

The county court can be used by anyone including DCAs, as well as you and me if we had a reason to issue a claim. What he probably means is that, once there's judgment against someone in the county court, it's easier to enforce the judgment, and CCJs never go SBd as such. Fines and council tax are the mean reasons why people experience trouble with bailiffs and HMRC like to bankrupt people for unpaid taxes so he's right in that sense, DCAs dealing with unsecured debt are at the bottom of the pile.


i think your so right with what my dad was trying to, he said anyone can use the courts, but I think he was trying to say that it's unlikely for DCA to go that far ! As you put it there at the bottom of the pile! I'm cross really as if we hadn't taken the IVA we would would have been so clear by now, as some of the debt we have has come from past marriage and shouldn't even of happened including to fraud accounts and even the police were involved , but cos it our name the DC is still on our case, these are years old like 13 years, but cos this IVA it started it all over in 2008 ! If I new what I new now I would never have done it! Thank you so much for your wise words !

[CleverClogs]

Re: Mackenzie Hall Letter

I'm cross really as if we hadn't taken the IVA we would would have been so clear by now, as some of the debt we have has come from past marriage and shouldn't even of happened including to fraud accounts and even the police were involved , but cos it our name the DC is still on our case, these are years old like 13 years, but cos this IVA it started it all over in 2008 ! If I new what I new now I would never have done it!

Does that mean that, before the IVA started in 2008, the alleged debt had been last been acknowledged (or paid towards) in 2000 or 2001?

[Rie1234]

Re: Mackenzie Hall Letter

Yes that right , the debt from our first marriages defaulted in 2001 to2002, but from our marriage we got into trouble from 2004 when our poorly daughter was born and the last payments to that debt was 2006 !

[Rie1234]

Re: Mackenzie Hall Letter

Until the IVA in 2008 ,so annoying !!!

[FlamingParrot]

Re: Mackenzie Hall Letter

Does that mean that, before the IVA started in 2008, the alleged debt had been last been acknowledged (or paid towards) in 2000 or 2001?

Are you saying it was Statute Barred at the time of entering into the IVA? :noidea: Isn't it true that once barred, it can't be un-barred? In which case, it would still be SBd!

[CleverClogs]

Re: Mackenzie Hall Letter

Are you saying it was Statute Barred at the time of entering into the IVA?

That was what I had in mind, not least of which because that would explain how the coprophagous Mucky Hall got it.

Isn't it true that once barred, it can't be un-barred? In which case, it would still be SBd!

Section 29 (7) of the Limitation Act 1980.

[FlamingParrot]

Re: Mackenzie Hall Letter

If that's the case, it's really a disgrace that those greedy outfits that promote IVAs shouldn't provide their clients with suitable advice with regards to the Statute of Limitations before setting up an IVA. Maybe an IVA wouldn't have been the right avenue for the OP to take in 2008 when their debts were already SBd. I would be making a complaint against the outfit that offered such an option. :rant:

[CleverClogs]

Re: Mackenzie Hall Letter

If that's the case, it's really a disgrace that those greedy outfits that promote IVAs shouldn't provide their clients with suitable advice with regards to the Statute of Limitations before setting up an IVA. Maybe an IVA wouldn't have been the right avenue for the OP to take in 2008 when their debts were already SBd. I would be making a complaint against the outfit that offered such an option. :rant:

They probably also used the sales patter about "a little-known piece of Government legislation" which allows "up to 70% of your debts to be written off"; when asked what legislation that might be, the usual response is something like "The Consumer Credit Act 2007".

They seem unable to explain what forms of legislation there might be other than "Government legislation", but they are certainly accurate to describe "The Consumer Credit Act 2007" as "little known"...

Not even the Statute Law Database knows about it. :rofl:

[FlamingParrot]

Re: Mackenzie Hall Letter

They probably also used the sales patter about "a little-known piece of Government legislation" which allows "up to 70% of your debts to be written off"; when asked what legislation that might be, the usual response is something like "The Consumer Credit Act 2007".

They seem unable to explain what forms of legislation there might be other than "Government legislation", but they are certainly accurate to describe "The Consumer Credit Act 2007" as "little known"...

Not even the Statute Law Database knows about it. :rofl:

I used to think IVAs were something new the government had set up to help people with their debts after the credit crunch. When I read you could pay £200 a month for 5 years and then forget about your debts (as advertised), I thought it was a great idea - it sounded like the perfect solution. I was even tempted to sign up for one of them things, not knowing it was actually a form of insolvency! :scared: