Here is my best attempt at summarising my dealings with Peachy:

Date Borrowed Repaid Interest/charges

20/12/13 0200.00

02/01/14 0227.00 0027.00

03/01/14 0500.00

03/02/14 0645.00 0145.00

0500.00

03/03/14 0630.00 0130.00

04/03/14 0500.00

30/04/14 0677.00 0177.00

01/05/14 0250.00

29/05/14 0075.00(rollover) 0075.00

27/06/14 0327.50 0077.50

27/06/14 0500.00

25/07/14 0193.74 0141.00

29/08/14 0156.48 0089.05

26/09/14 0157.76 0060.82

31/10/14 0177.07 0056.69

27/11/14 0044.88(rollover) 0044.88

23/12/14 0047.25 (rollover) 0047.25

30/01/15 Final payment due: £162.51 principal + £61.75 interest + £5.00 fees = £229.26

Repayment failed

Total borrowed: 2450.00

Principle repaid: 2287.49

Interest + fees repaid: 1071.19

TOTAL REPAID: 3358.68

Principle outstanding: 0162.51

Amount claimed: 0996.09

Interest @ 8% (08/06/16): 0158.98

Total claim: 1155.07

Not surprisingly I have a late payment marker on my credit file, and have received twice-weekly text/email threats of a default marker for the last 18 months (together with "borrow more money!" emails every couple of days).

SAR was sent on 5/5/16 with £10 postal order, deadline is 16/6/16.

I have received no communication from Peachy other than threats/marketing, until yesterday, an email stating "We are pleased to inform you that we have successfully collected your loan payment" of - you guessed it - £10.

They've used the SAR fee on my outstanding balance.

Looking for guidance on how to proceed. I think I have enough information without the SAR to go ahead and complain/claim, but I'd also like to make a complaint regarding their handling of DPA requests - can anyone advise?

Thanks in advance.

We generally recommend that these kinds of fees are paid by cheque it is much easier to keep track of what is going on.

Anyway, clearly they are committing some breaches here.

Firstly they are misusing the funds which have been supplied to them for a statutory purpose – and secondly it seems that they are going to breach the SAR deadline.

I think that the first thing you should do is that you send a strong letter of complaint to the Information Commissioner and explain what has happened and say that your money has been misappropriated and misapplied.

Secondly, I would send a registered delivery letter to Peachy and tell them that this is a formal complaint because of their abuse of your funds and because they have misappropriated money just been sent to them for a statutory purpose.

I would also send an exactly similar complaint to whoever deals with complaints against these people – here is the government website http://www.claimsregulation.gov.uk.

As to what other action you feel that you want to take, it's up to you. You could simply hope that you have stirred up some trouble for them and that your statutory disclosure arrives quickly or else you could sue them in the County Court for breach of the data protection act – and I think that we could find a way to put in a claim for misappropriation of your funds. Your chances of winning on this would be better than 90% but it might be some hassle. On the other hand, it would probably be fun. I don't know where you are in the country but they would be obliged to come to you and they wouldn't like that. Frankly I think that they would put their hands up. If you wanted to do this, then I would suggest that you sue for a very modest amount – maybe £50 or you could even try £100 on the basis that you have an bang to rights and eventually they're going to prefer to pay the money out to you rather than go to the hassle of coming to court and losing.

If you like this idea then you should send them a letter before action and demand that they supply the data disclosure on time and that they confirm that the £10 has been allocated for that purpose. Tell them that if you do not receive all of this within 14 days then you will see them in the County Court. If you don't think you're prepared to go ahead with this, then don't bother to make the threat.

If you do send an LBA then make sure that this is in a separate letter and a separate envelope to the complaint. These people have difficulty reading one letter, if they received two letters in the same envelope or if they received two messages in the same letter, they generally speaking have to take the rest of the week off

Ha ha, thanks BankFodder

You probably also have a case against them for irresponsible lending of unaffordable loans. If you had other debts at the time and were using payday loans to pay off other debts, I'd put a claim in for your interest back.

I think taking legal is best course of action. It's really not at all as daunting as it sounds. I would bypass the FOS and ICO altogether. If they don't respond by the SAR due date, do as BankFodder suggests and send them a letter before action. You can have two aspects to one claim as it falls under the same account... their breach of the DPA and irresponsible lending.

These idiots will NOT want to be taken to court and will in all likelihood settle your claim in full before it's even submitted.

thanks fairhead - that is indeed my plan.

I got myself into a terrible mess robbing Peter to pay Paul over a 3 year period - about 130 loans with 18 lenders.

That alone should have alerted each and every one of them that I was in financial meltdown, let alone the fact that when I took the first one out it was because my credit rating had been trashed by late payments and defaults left right and centre, and a CCJ, all courtesy of a horrific divorce and long-term unemployment.

I'm coming to get them...

Keep us posted along the way. Initiating legal action is the most effective way to go now. The FOS are far too soft, inconsistent and incredibly slow. Go straight for the jugular!

SAR response received via email. In the form of 40 attachments...

Right, I haven't done anything about this recently due to "life". On 17th October Peachy emailed me a default notice demanding repayment within 14 days or end up with a default on my file. My payment is 21 months overdue (I thought defaults had to be registered in a timely manner?).

If I submit my complaint NOW will that suspend any collection/CRA activity?

Yes, should you complain, FCA Rules state they must cease collection activity until resolution of said complaint

Yes, should you complain, FCA Rules state they must cease collection activity until resolution of said complaint

Many thanks. Complaint ahoy!

You probably also have a case against them for irresponsible lending of unaffordable loans. If you had other debts at the time and were using payday loans to pay off other debts, I'd put a claim in for your interest back.

 

I think taking legal is best course of action. It's really not at all as daunting as it sounds. I would bypass the FOS and ICO altogether. If they don't respond by the SAR due date, do as BankFodder suggests and send them a letter before action. You can have two aspects to one claim as it falls under the same account... their breach of the DPA and irresponsible lending.

 

These idiots will NOT want to be taken to court and will in all likelihood settle your claim in full before it's even submitted.

Is it feasible to submit a complaint and a letter before action simultaneously? I would imagine not as I would need to be seen to have given the PDL reasonable time to resolve the complaint?

Following on from that, how much time is reasonable?

Of course you can, mark the top of the letter you send

"Letter Before Action"

You dont have to complain to start legal action, but as per the preaction protocol set out by the courts, they should be given reasonable time to respond and resolve.

I would say 14 - 21 days but then again you can set your own timescales. Only use a LBA if you ARE going to start legal action as it has empty threats and it makes you lose credibility.

However.... As this is a PDL reclaim, Id like to help if i can BEFORE you go legal.

Tell me whats been going on... Etc

Can i see the statement from Peachy in PDF form?

Of course you can, mark the top of the letter you send

 

"Letter Before Action"

 

You dont have to complain to start legal action, but as per the preaction protocol set out by the courts, they should be given reasonable time to respond and resolve.

I would say 14 - 21 days but then again you can set your own timescales. Only use a LBA if you ARE going to start legal action as it has empty threats and it makes you lose credibility.

 

However.... As this is a PDL reclaim, Id like to help if i can BEFORE you go legal.

 

Tell me whats been going on... Etc

Can i see the statement from Peachy in PDF form?

I think I'll go for a complaint on the basis of breach of DPA and irresponsible lending, with a separate, simultaneous LBA.

I could do with some help putting them both together though!

What information do you need, fkofilee? The SAR info supplied by Peachy comprises:

In PDF format:

Email Correspondence

Internal Notes

Text Message Correspondence

3x Credit Agreements

10x Loan Statements

Standard European Consumer Credit Information

In mp3 format:

5x Incoming Calls (from me to Peachy) 20/12/2013 - 31/10/2014

1x Outgoing Call (from Peachy to me) 01/05/2015

In png format:

10x Loan Information/Payment Schedules

Address Details History

Bank Account Details History

Bank Card Details History

Contact Details History

Employment Details History

Financial Details History

Personal Details History

That's 40 files in total, all of which would need editing for privacy/confidentiality.

I have redacted the loan & repayment info, which I am happy to supply in whatever format suits you.

Just loan statements for now... Ill ask for the other info later (Not attachments )

The attachment uploader won't play nice - it'll only accept 1/3 of the pdf statements (they all have short file-names, no special characters, and are small file sizes). Meanwhile, here's my summary of the statements, if it helps!

Peachy Summary.pdf

First thoughts... There is a claim here, dates and amount of loans. Good thing your SAR'd them.

SO tell me in full about what happened with them... Sorry to ask you again but I want to understand a timeline of events now you have had a DSAR back.

Also answer the below for me. While it is generic, it can help me better gauge exactly what I can do to help you if you need it

Questions for you

 

- What companies were the loans with?

- How many loans with each?

- When were they?

- How many defaulted?

- Amounts of defaults?

- How many times did a rollover occur with each lender?

- Was any false info ever given to try and qualify for a larger loan?

- Grab reports from Noddle and Clearscore... Save them at this time, could be needed in future. Once done let me know?

First thoughts... There is a claim here, dates and amount of loans. Good thing your SAR'd them.

 

SO tell me in full about what happened with them... Sorry to ask you again but I want to understand a timeline of events now you have had a DSAR back.

 

Also answer the below for me. While it is generic, it can help me better gauge exactly what I can do to help you if you need it

Thankyou - I can see where you're leading (building as watertight case as possible) and I'll put the information together. However, that will take time, and I am conscious that I need to submit a formal complaint in the next couple of days to stop the clock on the default notice. I don't think the complaint needs to be chapter and verse - a complaint is a complaint - but I think this needs to go in now, to buy me some time with which to assemble an LBA.

Well dont worry about the default notice... Peachy could be forced to amend any negative information if irresponsible lending is found either by a court or by a FOS Rep.

Did you formally complain to Peachy?

Not yet, I've been working on a spreadsheet of my overall sorry PDL history. It's not definitive but it certainly tells the tale. I've PDF'ed it - would you like to see it?

Here it is. I ran out of steam trying to work out which of the clearaccount and myjar loans were rollovers/reloans - it's pretty depressing reading. I'm just amazed that the outstanding amounts are so low, relatively speaking.

Overall history.pdf

Let me take a while to get back to digest this... And I'll come back to you on it later today... With that spreadsheet at first glance, you could be looking at a very strong case.

Havent forgotten about you, Im going to look at this tonight when i finish work.

thankyou

Howdi ho.... Could you spreadsheet this and attach it to the forums?

Howdi ho.... Could you spreadsheet this and attach it to the forums?

Hi. The pdf was from an excel spreadsheet. Here it is.

Overall history.xls