ACI took on Myjar payday loan, offered and got a crazy reply

[charleydaves]

I have a payday loan for £100 which was doubled to £200 for missing a payment in Novemeber 2017. There is no trace of this debt on my credit file.

In order to clean up my life i offered £100 without taking responsibility for the debt (followed a letter). They have replied £190.

I am confused about this not being on my credit file but the paperwork in the reply saying that its a loan etc. Can i just ignore them and then get it barred in November or have i messed up by writing the letter?

Edit: they have been sending threatening letters which is scaring the gf, all over £200

Edited July 21, 2023 by charleydaves

[whitelist]

Naming the payday loan company would help

[BankFodder]

Yes, why are you protecting this company by not naming them?

A £100 penalty for missing a payment is an excessive penalty and unenforceable. They would have to satisfy the court that the £100 penalty is in fact reflected in costs which they have incurred caused by you missing your loan repayment.

[BankFodder]

Of course we don't know the details – but if you had breached the loan agreement in 2017 then it was almost statute barred and in effect by making them an offer now you may well have renewed the enforceability period of the loan by a further six years.

You had better give us all the details of the loan – and failed payments

[charleydaves]

So the payday lender was Myjar. I took the loan out in Oct 17, the payment was due Nov 17, i missed that and the debt was doubled.

There is also no sign of this debt on my credit file, how is that possible?

Have i really cocked this up with the letter, it was carefully worded with no names and asking for proof of the debt. The letter seemed good

[BankFodder]

Post up the letter please in PDF format.

If you didn't admit the debt but simply asked for proof of it then it may be all right.

You've been here since 2021 – what on earth are you doing going it alone?

[AndyOrch]

Topic moved to the appropriate forum Payday loans.

[charleydaves]

ASCI.pdf

The reason why i didnt come on here was i already had the letter but was playing for time with them. I didnt have the knowledge of the credit file and didnt have the forethought to ask for help, stupid!

[BankFodder]

Give us the date you took the loan out – and the last time that there was a payment which should have been made but wasn't.

 

Also, when did you send this letter?

[charleydaves]

The loan was taken on 7.11.17 and the next payment was 28 days later, from memory it was the 3 or 4th of December. 

I sent the letter on the 10.7.23

[AndyOrch]

Have you checked a few credit ref agencies ? not just 1 ?

[BankFodder]

Well the loan would have become unenforceable in December of this year but I'm afraid that your letter very clearly acknowledges the debt and so your six years begins again from the date of the letter.

There is a debate whether the six years should begin from the date of the last defaulted payment or the date that the default is marked with the credit reference agency.

I think the CRA references an unfair date because it allows creditors to keep a debt running forever which is certainly contrary to the spirit and even the letter of the Limitation Act.
However, whatever the case afraid you've got the six years to run.

Maybe you had better come here in future before firing off letters.

However the hundred pounds penalty that they are trying to impose upon you for a missed payment is unfair and unenforceable.

I would suggest that you now ignore all correspondence from this company or any other company on the same kind of issue and come here first.

[charleydaves]

There is no report of this on either Credit Noodle or Experian. This is baffling.

Does this happen often?

Does this loan show to the banks even though its not with credit agencies?

BankFodder, the letter included no names, just the account number.

I have the choice of ignoring or just paying? 

[dx100uk]

i will suspect this is ACI on behalf of perch capital, their stated client?

one and the same & TM legal solicitors are their in house legal team.

if the debt is not showing on credit files anywhere, then no-one will know about it.

ACI are a DCA, 

a DCA is NOT A BAILIFF

and have ZERO legal powers on ANY debt - no matter what it's type.

stop panicking, 

never seen a single letter lose a court claim with regard to admittance.

if takeout date was 7.11.17 and you made no payments, then most probably the SB date will be several months later when myjar issued a default notice. 

have you moved since taking this loan out?

dx

 

 

[charleydaves]

Thanks for the reassurance, i will monitor my credit file. Even a quick scan of that post fills me with confidence about the future. 

Yes i have moved since taking the loan out, they were sending me letters and emails on a few day basis it felt like. 

Looking at the cost break down i was in default within 100 days of the loan. It was something like a £ a day 

[BankFodder]

If you have moved then you need to make sure that you keep your address updated. Otherwise you stand the risk of having a default judgement against you as they may decide to issue proceedings against your old address which is the one they have on record.

The default judgement would be for the entire sum – even the excessive penalty – because you would not have known about the claim and you would not have been able to defend it.

It may well be that the letter they sent you was a fishing letter and unfortunately they have hooked you.

Once again, you've been here since 2021 – why on earth didn't you come here first

[fkofilee]

Personally I have been through this. Let me enlighten you on Perch Group  

 

The default will be missing from your Credit File because Perch Group bought the Loanbook from Myjar when they went into Administration.

When they did so - it was one of 2 statuses;

 

- Either was never Lodged / Or was Settled before sale

- It was there, but the reporting is in the process of being updated where itll disappear from your CRA and come back. 

 

My example was the settled example with Equifax and nowhere else and they confirmed they are not updating those ones, but also they have to pay to report it, and with less than a year for it to drop off (Default in 2017 right?) - its not worth it for them.

Where is the crazy reply? The thread title is like clickbait for me  - If you mean that they say £190? Thats MO for them, they will squeeze and offer like  2% discount.

 

Their Call centre has moved to South Africa and their Customer Service is atrocious. 

For 15 months, I played them at their own game and eventually they relented. 

 

There is another thread here recently where they showed a complete disregard and lack of awareness of how to handle Mental Health Issues. 

 

They are pushing quite a lot recently to get people to pay up and putting more accounts over to TM Legal - Their Litigation Team (Next Desk in the same office) 

The SB clocks are running on their purchase of the loan book and I think they are struggling to make profit off the purchase. 

 

The amount outstanding is legal under the HCSTC Rules put in place (High Cost, Short Term Credit) - Basically 2 x the value borrowed - Including default fee in that amount

 

Please please please - Make Sure you address is correct with them so you dont get a backdoor CCJ - These guys can and do both go Legal and bend the rules.

They are not quite as bad as BW Legal but they are almost at that level (That is a low bar to clear) 

 

 

 

 

[fkofilee]

----------------------

 

By the way - I could spend hours enlightening you on how to play hardball with them and your rights in dealing with DCAs. 

[charleydaves]

 

Thats the letter. How do i make sure they use my present address, the one this letter was sent to?

ACI letter.pdf

[dx100uk]

std scamming letter now they think they have a mug that one more letter will make them wet themselves as they thought we were bailiffs!!

simply write to PERCH CAPITAL (they are stated at the top of that letter PDF as ACI's Client i bet)

with ref your Ref No A/C xxxxx

please note my correct address is as above.

(PS you also need to do this to the owners of any other debts you had say within the last 7yrs of use/pay)

NEVER EVER RUN FROM DEBT.

 

dx

 

[charleydaves]

The address is ACI but its different town etc to their registered address, Blyth?!? 

Sending the letter today with proof of postage. 

[dx100uk]

ACI should be quoting their client as perch capital?

[charleydaves]

No mention of anyone but ACI and myjar in older letters

[fkofilee]

Perch bought Myjar Loan book so will be the Portfolio Holder, 

Original Creditor will be Myjar.

 

ACI will work on behalf of Perch (Even though they are the same company as well as TM Legal)

 

Thats 100% how it will be. Myjar doesnt exist anymore.