Aci myjar my jar help

[Robertson92]

Hello. I was recommended to this site by a very helpful person.
Aci collections are pursuing a myjar debt. I have asked them to send me a copy of the credit agreement and a copy of the default notice.
What they did send me was a notice of "default sum in arrears" which I am advised is not a copy of a default notice
Also instead of a copy of the original credit agreement they have sent what is called a "loan drawdown summary" ( I don't know if this counts as proof of the credit agreement?)
Either way neither of the above documents have neither my name nor address on them, only a account reference number on the loan drawdown summary.

I also have asked for proof they own the debt and they have given me a copy of an Aci, Not a my jar headed letter saying they own the debt from my jar.

Is a loan drawdown summary the same as a credit agreement as far as enforcement goes?

Also any pointers on the other points I have made regarding the aci headed letter and the default notice I would be so grateful for and very much appreciate.
Would this debt be enforceable in the eyes of the law on the documentation they have sent me?

Thank you so much in advance.
Kindest regards

[Robertson92]

Does anyone have any ideas at all? Thank you

[MIKE770]

Subject Access Request Letter no charge send to them, they have 30 days to supply all date they have on you, keep a file date order and get free proof posting

[Robertson92]

Hello Mike and thank you for reply. I have sent them a subject access request and have has the results back as follows :-

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. They have also sent an unnamed, unaddressed copy of a "loan drawdown summary" which says its linked to the original credit agreement. They have told me they cannot supply the original credit agreement and that the loan drawdown summary is proof of debt.


The email they 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, which was approximately **** February 2022.

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.


Is that enough proof on their part being as no name or address on any document.?

Many thanks in advance

[MIKE770]

echat11

[MIKE770]

What kinds of debts and credit agreements does the Consumer Credit Act not cover?

These are referred to as ‘unregulated’ debts and include:

• Buy Now Pay Later finance
• Certain types of business debts
• Charge cards (these are not credit cards)
• Debts to individuals (including family and friends)
• Debts to local Government (such as council tax, benefit overpayments, etc.)
• Debts to unlicensed lenders (such as loan sharks)
• Mortgages
• Some credit union loans.

[Robertson92]

Hi Mike. You sent me the echat11 link. Can I ask what I should do with that? Thank you for your help

[MIKE770]

it is just on line request to that person asking to pop in here to the thread and advise if possible.

[Robertson92]

Thank you Mike I appreciate it.

[echat11]

a) What they did send me was a notice of "default sum in arrears" which I am advised is not a copy of a default notice

What they have sent is not a 'default notice', it's what is sent before a default notice after two payments has been missed.

b) Also instead of a copy of the original credit agreement they have sent what is called a "loan drawdown summary" ( I don't know if this counts as proof of the credit agreement?)

They should send a copy of the original Consumer Credit Agreement (albeit they can reconstruct it from different bits of info they hold, but it needs to have all the prescribed information and T's and C's). What they have sent isn't compliant.

c) Either way neither of the above documents have neither my name nor address on them, only a account reference number on the loan drawdown summary.

The Consumer Credit Agreement and Default Notice should have your name / address on them.

d) I also have asked for proof they own the debt and they have given me a copy of an Aci, Not a my jar headed letter saying they own the debt from my jar.

Again, Letters of Assignment need to have specific information. Normally both parties would send a letter, one party saying 'goodbye', the other part saying 'hello'. The debtor should who the party's are.

e) Is a loan drawdown summary the same as a credit agreement as far as enforcement goes?

As above.

f) Also any pointers on the other points I have made regarding the aci headed letter and the default notice I would be so grateful for and very much appreciate.

As above.

g) Would this debt be enforceable in the eyes of the law on the documentation they have sent me?

I don't think so, but that's down to Courts / Judges and they can be 'fickle'.

[echat11]

Regarding their email:

'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, which was approximately **** February 2022.

Notice of Assignment - you would think they would know the actual date (they should know), if they want to convince a Court that one was sent.

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.

There is one account number, an agreement exists for that account number, that agreement covers all activity under that agreement, i.e. loans etc. To my mind what they are saying is 'ridiculous'. So they can't provide the original or a reconstructed agreement.

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

A Default Notice is a requirement, they can't just send anything and call it a 'Default Notice'.

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.'

If they are 'minded' to take you to Court, then I would let them, as It stands I don't think they have complied with your requests.
See what they do next. If they intend on taking you to Court, they will send a Letter Before Action because they need to follow Pre-action Protocols.

[echat11]

EXC Can you approve my post, thank you.

[Robertson92]

Thank you so much echat11. I can't thank you enough. I'll keep this updated and thank you again for taking the time to help me.

[echat11]

Thank you so much echat11. I can't thank you enough. I'll keep this updated and thank you again for taking the time to help me.

I've addressed their email, the post has been filtered, but will show soon.

[Robertson92]

Thank you so much I shall look out for your post on here.