Aci my jar help

LunaLater

Is it your debt?

sourcrates

Proof of ownership is not determined by sending a copy credit agreement, that is always retained by the original creditor, it never leaves them even when an account is sold, so it doesn't prove anything with regard to ownership.

What you need to be asking for is the "notice of assignment", not the "Deed of assignment" the "notice of assignment".

This should have been sent to you when the debt was sold, if you weren't sent it, or have lost it, that is the proof you need.

You cannot ask for a copy of the "Deed of assignment" as that is a document put before the court containing names and account details of a list of debtors whose accounts have been bought the same as yours.

As that contains other individuals private information, you are not privy to it due to data protection laws.

sourcrates

Yep, that`s good enough, Perch Capital are a major player in the debt purchasing business, they have appointed ACI as their chosen collector, and this document tells you as much.

However aside from the ownership issue, they have not actually produced your copy credit agreement, that does render the account unenforceable currently, so what you do with that information is up to you.

Robertson91

Good morning, 
Today i received this email back from ACI as I have sent them a subject access request. They still state the document they have sent me which is posted here is a default notice even though I have advised it is a 
 "notice of default sums in arrears" and not a default notice. Also neither my name nor address appears on any documents they have sent me,only an advance number reference is on the document. 


The email sent is as follows. 

Dear ######
Regarding your point raised in relation to the notice of assignment, this was sent to you by ACI when the debt was purchased by Perch Capital and ACI instructed to collect the balance. 

In relation to the documents we have sent you, the loan drawdown agreement is in relation to the debt that was purchased from My Jar. Please note the loan drawdown document refers to a top-up loan you received from My Jar which is the debt purchased. You will have received an original loan from My Jar, which we are not able to provide documents for, as this was not the debt purchased from My Jar.

The notice of default we sent to you, does explain the missed payments you were in arrears for with My Jar.

We note that you have raised a data subject access request with us, which is currently being processed by the relevant team and will be sent to you in due course.

Please note your account will remain on hold in the meantime.

sourcrates

You had what is termed a "rolling or running, credit agreement" with My jar, where credit is granted, with an option to keep topping up the loan balance, you sign an agreement to that effect.
This is different to a "fixed sum credit agreement".

They are trying to make you believe that the loan they bought was not the loan you originally took out, which is rubbish, the top up loan was granted according to the terms and conditions agreed in the original credit agreement, a copy of which they cannot provide you with.

The only alternative to that would be to say the loan was a fixed sum credit agreement, but either way, they can`t produce a copy agreement.

Section 77 of the consumer credit act applies to "fixed sum credit agreements".
Section 78 of the consumer credit act, applies to "running or rolling credit agreements"

They should supply you with a copy of your original credit agreement under section 78 of the consumer credit act, when an official written request is sent to them, and the statutory fee of £1 is paid.

Failure to provide a copy, or a reconstructed copy, of said agreement, renders the account unenforceable until such time as they rectify this breach, however long that may be.

Robertson91

Thank you so much for your help and advice. I really do appreciate it and extremely grateful as I would not have had a clue regarding the points you made . I guess the best thing to do is hold tight and see if they produce a copy of the original credit agreement. Once again thank you for your time and help. 

Robertson91

Well after many failed requests to Aci for them to produce a true copy of the credit agreement,which they say they do not have, today i get the following reply to my request again for documentation proof of the alleged debt. I honestly am exasperated with them as they just will not provide the documents I have asked for many times. I just don't know how to stop them as they cannot supply any copies of the documents I ask for as eveidence.I have asked for a copy of a default notice, instead they just send me a notice of default sums in arrears instead of the requested default notice.I requested a true copy of the credit agreement, instead they send me a loan drawdown summary instead of a true copy of the original credit agreement. None of those documents they sent me even have my name or address on them. They also say they can not provide a copy of the original credit agreement, yet still they write to me dispite me constantly asking them not to until they provide me with the requested documents.

The following is their latest justification trying to prove their case :- 


Dear #####
Thank you for your recent correspondence.

Please be advised, the Credit Agreement was e-signed by yourself. The procedure for e-signing is that a code is sent to your mobile telephone number, and a link sent to your email address. On clicking on the link, you are obliged to enter the code thus completing the signing. This is standard industry practice for agreements of this type.


We note that you have raised a data subject access request with us, which is currently being processed by the relevant team and will be sent to you in due course.



Please note your account will remain on hold in the meantime.


So I sent the following reply today :-

I do not acknowledge this debt. 

Dear Sir or Madam, 

Thank you for your email. Your reply however is not acceptable as proof of debt. A true copy of the original credit agreement is required, not a reference number, not a code, not a website link,or anything else you seem to falsely claim as proof of any alleged debt including unnamed documents. This matter is in dispute and unless  you can provide me with a true copy of the original credit agreement I will see any further communication requesting payment as harassment. I bring your attention to section 78 of the consumer credit Act. 

Once again I do not acknowledge this debt. 

Yours sincerely 

#####

Honestly I am at my witts and with them. I hope my reply to them is acceptable. Is this standard behaviour for these companies to ignore requests for specific documentation and so they just send documents that they feel fit as a sort of substitute? 
Thank you again in advance

Robertson91

Hi, just received the subject access request from ACI for all the information they have regarding this matter.They have not sent me a true copy of the original credit agreement I requested as they say they cannot supply any copy of the original credit agreement as they do not have it.
They have sent me just 4 documents which are as follows :-
A loan drawdown summary with no name or address on it.
A statement of payments to myjar with no name or address on it.
A notice of a default sums in arrears with no name or address on it. 
A notice of assignment that is from ACI, I was not informed in any way by myjar of this transfer to ACI. 
Any advice would be amazing so thank you in advance.
I attach the accomanying letter they sent with along with the S.A.R :-

Dear Sirs,

Please find enclosed a copy of the personal data that we hold for you, as requested. We note your request included a statement of accounts, however as no payment has been

received for ACl reference no #### a

statement of account cannot be provided for this account. In regards to you request for the deed of assignment, please be advised this debt was assigned pursuant to the Law of Property Act 1925 and as you are not a party to the agreement Perch Capital Limited have with the original creditors, a copy will not be provided to you due to it being subject to confidentiality and containing commercially sensitive information.

If you wish to discuss the outstanding

balance/s further, please contact

01235531512 or email in to info@aciuk.co.uk.

sourcrates

For accounts opened online, a screen shot of the agreement you digitally signed should be provided along with the terms and conditions set out in the agreement, you can continue to dispute this matter, but only a court can decide if this complies with legislation or not.

Just because they haven`t provided what you have asked for does not mean they cannot continue collection activity, they can, and likely will.

What is your end game here?

Robertson91

Thank you Sourcrates so much for your answer. In regards my end game I shall try and explain the best I can. I suppose would like to test these unscrupulous companies and challenge the legality of their claims as they seem to try all sorts of trickery into making people think they have to pay them where I feel is no legal basis for them to do so. They seem to flout guidance and regulations which I feel they are doing here. So my end game is I guess is that I would like to feel vindicated. Section 78 of the cca states, as you rightly told me, that they have to provide a copy of the agreement upon request yet they state they cannot do so as they admit they do not have a copy. Therefore I feel that they are trying to skirt around the regulations and that bothers me and makes me dig my heels in even further when these sort of companies do that. I feel as if my lawful right to ask for ia copy of the agreement as per regulations do not matter to this company.