ACI prove it

mrchimps

Hello,

I have had some letters from ACI regarding a MYJAR account I have no knowledge of.

I send them the prove it letter end of last week and today had an email stating:

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Thank you for your recent email.

We purchase all balances in good faith that they are outstanding, undisputed and overdue.

We would ask that you please provide some further evidence and details of when you previously made payments and confirmation this cleared this debt so that we can handle this accordingly.

We have placed this balance on hold for 7 days to allow you time to come back to us.
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Shouldn't they be proving I owe the debt. not that me proving I don't?

DjangoUnchained

if they purchased them on good faith sounds like their problem ,you dont have to prove anything to them, they have to prove it to you.

sourcrates

You need to send the follow up to the provit, as they have decided to play silly beggers with you -

Dear [Debt Collection Company],
COMPLAINT

On dd/mm/yy I asked you to provide proof that I owed the alleged debt to xxxxxxx. I attach a copy of my letter.

The FCA rules are clear that ” Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.”

I do not owe this money. You have failed to produce any evidence that I do. If you do not cease contacting me about this debt I shall be complaining to the Financial Ombudsman.


Your name

mrchimps

Many thanks - will send that over to them

mrchimps

Ok so I have finally had a reply stating:

Subject: Complaint Final Response

Private and Confidential

 

Account number: ----

Dear Mr

I have now completed an objective investigation into your complaint; I outline my findings and the outcome below.

Your complaint

As I understand it, you have contacted us in relation to an account held by you, stating that you have not received the credit agreement in relation to this account.

My findings

For clarification purposes, this balance is in relation to MyJar, loan ID 10186259, that was assigned to Perch Capital (“Perch”) on the 4th February 2022 with a total outstanding balance of £311.39. Perch subsequently appointed ACI-UK Limited (“ACI”) as Master Servicer to manage the account on their behalf.  A Notice of Assignment was sent to you on the 16th February 2022 explaining all of this.

On reviewing your recent interactions, I can see that you have contacted us on the 19th April 2022 stating that you had know knowledge of this outstanding balance. In response to this, we explained that the account was in relation to MyJar and we were going to obtain the Credit Agreement for you.

I can confirm that the Credit Agreement was sent to yourself on the 21st July 2022 via email.

However, there was no further engagement from yourself until the 21st July2023 when you emailed us to dispute the balance as it had already been paid/settled. We requested that you provide either a letter/email from MyJar to support that this account has been paid. Unfortunately, you have not provided this.

Outcome

Based on the above information, your complaint has not been upheld as I can confirm we have provided the documents that you requested. I have attached the Credit Agreement to this email for your records. This is password protected with your date of birth in format DDMMYYYY.

This is our final response and if you are dissatisfied with our decision, I have outlined out the next steps below.

You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.  Further information can be found by visiting https://www.financial-ombudsman.org.uk.

ACI is also a member of the Credit Services Association (CSA), and we subscribe to their Code of Practice. If you believe we have breached this code at any point, you can contact them to log your concerns. A copy of the code, including details of how you may refer your complaint to the CSA, is available on their website www.csa-uk.com.

Next Steps

Your account will remain on hold now for a further 7 days from today’s date to allow you time to consider our response.   We would encourage that you please contact us so that we can fully understand your situation and come to an amicable arrangement to commencement repayment of this outstanding balance or an understanding of when payment will commence.  

Regards 

S--

Customer Experience

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Still no idea what they are on about? Have no knowledge of them.
They sent me a pdf of a 'credit agreement' with the MYJAR logo on it and my name and address at the top. No signature or bank details etc. This was dated 2015.

Not sure about next steps.

RAS

When are they suggesting this was last paid? Could be statute barred anyway?

mrchimps

I'm just looking back though all the emails I have had of ACI and they don't say.

How would I go about getting that information?

sourcrates

To be clear, you deny this debt is yours, does anything appear on your credit file ?
If its not your debt, there will be no record of it there, so finding a default date will be impossible.

It seems strange they have your details, can you explain why this might be ?

It does state above that you say the debt was settled ???

Is it possible identity theft ? or, didn`t get drunk one night and take out a payday loan (it has happened).

If your certain you never applied for a payday loan via My jar, then all you can do is escalate the matter to the FOS.
But keep in mind they only deal with facts and what is fair, they will see the same information you have been given, you will need to explain why they have your details attached to a payday loan they say you owe.

mrchimps

Whilst it is possible I took out a loan with them, I have no recollection of it at all - normally I have piles of letters and emails going back years. I just cant find anything with MYJAR at all. Thanks for the credit file suggestion. I'm going to check my credit file and see if I can find anything.

mrchimps

OK - so after a bit of searching I can find 2 references to MYJAR one in 2015 and one in 2016 both notices for missed payment.
I can only presume I must have had a loan with them - Should ACI have a copy of the default or notice of last payment? Do I simply email them asking for it?

RAS

Don't contact them at this point. 

If you didn't pay them in 2016, and haven't paid since, or made a written acknowledgement within a clear 6 year period, this debt should be statute barred.

If so, they can ask you very nicely to cough up but there is no legal action they can take to chase it, nor can they add any marker to your credit file. Once you tell them it's statute barred, they have to stop chasing you.

So you really need to check for anything about payments or acknowledgement in 2017 or more recently. Them writing to you does not affect this, it needs to be from you to them, or a payment.