ACI- Home visit

[Leah1]

I have an old debt with MY JAR that was passed over to ACI

Last payment to MY JAR was April 2016.( no communication after that date) ACI put a default on my record on April 2018

I sent a prove it letter to ACI, all I got back was a loan drawdown summary. Is this correct??

I’ve now received an email from ACI with a Pre-notification of a reconnection home visit if I don’t pay within the next 21 days. Is there a way I can stop the home visit?

also, I’m not sure if this debt is statute barred with the default going on my record in 2018?

[R0b]

I’ve now received an email from ACI with a Pre-notification of a reconnection home visit if I don’t pay within the next 21 days. Is there a way I can stop the home visit?

Hi,

Yes you can. Under English law, there is an implied right of access which means a person is entitled to go onto your property and knock on your door e.g. postman, neighbour, friend etc. You can remove that implied right of access by confirming in writing that the implied right is now revoked and they do not have permission to come to onto your land for the purpose of a home visit.

If ACI ignore this, then it would constitute a trespass and you could take legal action to request an injunction and/or seek compensation although I would expect any compensation to be nomial at best.

I would suggest you respond back to the email along the lines of the above and ask them to confirm that the home visit will now be cancelled or if they choose to ignore your legal rights, then you reserve the right to bring legal proceedings against them.

As for the debt being statute barred, it's possible since the default date was April 2018, although that would possibly be the longstop date. They would have to prove a default notice was submitted but it sounds like they don't have much paperwork and would be reasonable for you to maintain that it is statute barred until someone else turns up that says otherwise.

[Leah1]

R0b Brilliant, much appreciated.

should I send this via email or post?

One more thing…looking through my credit reports the only report this is showing up on is Equifax as closed and settled. Is this still enforceable ?

[R0b]

Unless the email is an automated response it would be fine to respond back to the email you received. Otherwise email or post is fine but if there's an email address you can use, I would suggest using that since it would speed things up.

Are you certain ACI acting on behalf of MY JAR to collect the debt and that they are not acting on behalf of a third party who may have purchased the debt? ACI should have told you who they were acting on behalf of but at this stage, I don't think it is much of a worry so I wouldn't do any investigation at the moment.

The settled status could be that the account is now closed and I think it would be inaccurate under data protection laws to state the account is open and remains open with a balance when MY JAR have issued a default notice and the account has been terminated. The only other thought is that the debt has been sold on, per my question above or they have just written off the debt internally but that's not to be confused with the fact you are still legally responsible for the debt.

Either way, I don't think it tells you much or is of much use right now unless legal proceedings were issued for the recovery of the debt.