PEACHY, Problems Payday Loan Companies

[liam1985]

Good Evening can anybody help. I have taken out a payday loan and have a repayment plan setup. However this month i was unable to make a payment due to another payday loan company that i thought i had setup a repayment plan which i hadn't took all my funds therefore making me unable to make the required payment. I have since spoken to the National Debt Line and they helped me create a financial statement with my income and expenditure and told me to forward it to my Lenders and make pro rata payments. Every lender apart from Peachy has helped but i don't know what to do as they won't help at all.

 

I have made a formal complaint and i know i can speak to the Financial Ombudsman after 8 weeks but i would you guys to have a look at emails i have sent and i am right what i am saying or whether they are right.

 

Please see below and i'm sorry there's a lot of text. All replies and advice is greatly welcome.

 

My first email was a letter with my Financial Statement and a 2nd Attachement asking for help

 

On 3 Dec 2013, at 09:23, "Peachy Collections"

 

Thank you for the email.

 

Please be advised that unfortunately we will not be able torearrange the the payment plan once it

has been finalised by the Credit Committee.

 

Please note that you may only delay your payment up to 10 days

fromthe original repayment date.

 

In case we have not received the payment on the 10th day of the

original repayment date the latest your loan will be in default

andwill be handed over to our Debt Collection Partner.

 

Kind regards,

Alina Samsina

Peachy Collections Department

 

On 3 December 2013 21:23, Liam McLoughlin

 

Good Evening

 

Many thanks for your email. Unfortunately as previously stated I

cannot

make the required payments and am very disappointed that I am

unable to make a satisfactory compromise in this case. As I have already explained I can

only afford £6.05 per month and this is the only realistic payment

proposal bearing in mind my financial statement.

 

Once my circumstances have changed and my priority debts have been

cleared I will be able to increase my offer and get the

outstanding balance sorted in accordance to my financial statement.

 

I would rather that this doesn't go to a Debt Collection Agency as

I would only be able to offer the same amount.

 

On my previous email which doesn't seem to have been read properly

I have asked if you can send me your Bank Account Details which you

have not sent me. I would again like to ask for these so I can make

payments on a regular basis.

 

After seeking professional advice and with this instruction being

dismissed by yourselves I am now advising that with immediate

effect I am withdrawing my authority for all future payments to be debited

from my card in respect of my loan. This is in accordance with my rights under the

Payment Services Regulation 2009' which state:

 

The payer may withdraw it's consent to a payment transaction at any

time before the point at which the payment order can no longer be

revoked under regulation 67.

 

Please confirm in writing that this instruction has been received

and actioned.

 

Kind Regards,

 

Liam

 

Date: Wed, 4 Dec 2013 13:20:29 +0200

Subject: Re: Peachy Loan

 

Thank you for the e-mail.

 

As stated before in case we do not receive the agreed payment within

the next 5 days, your loan will be defaulted and will be handed over

to our Debt Collection Partner.

 

Kind regards,

Daniel Erma

Peachy Collections Department

 

On 4 December 2013 11:42, Liam McLoughlin

 

Can you tell me please why you keep ignoring my request for your bank

details and also that the instructions I have supplied with regards

to the continuous payment authority has been ignored.

 

Yesterday on my email that you will be able to see below I wrote:-

 

“After seeking professional advice and with this instruction being

dismissed by yourselves I am now advising that with immediate effect I am

withdrawing my authority for all future payments to be debited from my card in

respect of my loan. This is in accordance with my rights under the Payment

Services Regulation 2009' which state:

The payer may withdraw it's consent to a payment transaction at any

time

before the point at which the payment order can no longer be revoked

under regulation 67.

Please confirm in writing that this instruction has been received and

actioned.”

 

I would also like me reference number as well so I can make these

payments.

 

Kind Regards,

Liam McLoughlin

 

 

Thank you for the email.

 

We acknowledge receipt of your request to cancel the continuous

payment authority as per section 55(3)of the Payment Services

Regulations 2009.

 

We will not attempt to collect payment using these details as the

continuous payment authority is now cancelled for further 5 days.

 

Please be advised that if there will be no communication from the Debt

Management company until the 9th of December , the debt will be handed

to Debt Collections agency.

 

Kind regards,

Alina Samsina

Peachy Collections Department

 

On 4 December 2013 15:31, Liam McLoughlin

 

Good Afternoon,

I have never advised that I am using a debt management company. If you

read through the emails and files I have attached I haven't mentioned this

once.

 

I do want to carry on making payments but you won't accept my offer

which as previously stated and also on my financial statement as this all I can

afford at this moment

 

It seems to me that my emails are not being take seriously because again

from my last email you haven't supplied with my reference number so I

can make payments and also your bank. This is getting beyond a joke now as I

have asked for these on numerous occasions and in your responses they

haven't been mentioned once.

 

Would you be able to tell me why this keeps being ignored.

 

Kind Regards,

 

Liam McLoughlin

 

Date: Wed, 4 Dec 2013 15:46:13 +0000

Subject: Re: Peachy Loan

 

Thank you for the email.

 

Please be advised that unfortunately we will not be able to accept a

reduced payments of £6.05.

 

We always aim to consider cases of financial difficulty

sympathetically and treat our customers in default or difficulties

with understanding, forbearance and due consideration. As soon as the

customer misses the payment on the due date, we try to get in contact

with them, in order to try to come to an agreement that would be

suitable for both parties.

 

Please note that the repayment plan has been finalised and we have

received your confirmation on the 25th of October 2013 that the

repayment plan is suitable.

 

In case we have not received the payment on the 10th day of the

original repayment date the latest your loan will be in default and

will be handed over to our Debt Collection Partner.

 

Kind regards,

Alina Samsina

Peachy Collections Department

 

Date: Wed, 4 Dec 2013 16:20:34 +0000

 

I find it very hard to understand why you won't accept any payments surely

if I want to make payments you would accept them as it is paying off my

debt.

 

I know my offer isn't acceptable on your side but surely anything is better

than nothing.

 

I also cant understand why you won't give me my reference or your bank

number so I can make some payments.

 

As you have been really unhelpful I will now be seeking more legal advice on

how I can resolve this matter with your ignorance on withholding this

information and whether you can do this.

 

Kind Regards,

 

Liam McLoughlin

 

On 4 December 2013 23:26, Liam McLoughlin

 

Good Evening,

 

After now speaking to the correct people and the poor responses that i have

been receiving from yourselves you have given me no other option but to now

raise this matter as a formal complaint with a view to speaking to the

Financial Ombudsman Service if this isn't resolved in a satisfactory manner.

 

As i have told you previously that my circumstances have changed and i am

unable to stick to the repayment plan and would like help from yourselves

instead of going via a Debt Collection Company. You can see by my emails

listed below that i have made an offer of £6.05 a month until my priority

debts have been paid off and then this will then increase.

 

I have also previously attached my financial assessment to you look at

which shows what i can afford but still no joy.

 

I would also like to know why i have asked for your bank details on 5

occasions looking through my emails and attachments and also why everytime i

ask there is no response from yourselves that relates to this so i can make

payments. You also keep ignoring requests for my reference number as well,

which you can see on my emails below i keep asking and your responses back

each time just show ignorance and are deemed to myself and others

unsatisfactory because you haven't even acknowledged this.

 

You have also said "Please be advised that unfortunately we will not be able

to accept a reduced payments of £6.05." I would also like to know why you have said this

because this is actually incorrect as you cannot refuse any tender towards a

loan.

 

All i am trying to do is to be friendly and sort this debt out but your

company is being so unhelpful and not allowing to make payments as you won't

accept any payment.

 

On your website you state "Peachy is also a certified partner with the

Consumer Finance Association. This means that we follow the CFA code of

practice for lending, which protects and benefits you"

 

If this correct then i have a few issues that i would like your response

to:-

 

3 GENERAL OBLIGATIONS

Members shall:

3.1 Conduct their business lawfully and comply with all relevant

legislation.

You have told me via email that you won't accept a payment, surely this is

illegal and you can see on a previous email. You also won't give me my reference number or your bank details to make payment. Whether this is

illegal or not i am unsure.

 

3.2 Trade honestly, responsibly and treat customers with respect.

You aren't trading honestly because you are telling me that you can't accept

a payment of £6.05 when after seeking advice you actually can. I also feel

that i haven't been treated with respect as continuous requests for Bank

Details and a Reference Number still hasn't been acknowledged and i also had

to write a few times for written confirmation that the Continuous Payment on

my card has stopped. How can any of this be respectful to a customer when

you won't even answer my requests or even deny them. You can see my emails

regarding this below.

 

3.8 Provide adequate training for members of their staff, agents,

associates and any other person who performs any duties on behalf

of the member, bringing this Code and the principles contained in it

to their attention and requiring them to carry out their duties in

accordance with it and in addition members shall monitor their

actions and decisions to ensure they are in line with this Code.

There is a member of staff who works for you called Alina Samsina and it

really would surprise me if she has had the correct training because with

some of the responses, ignorance to my requests and lack of detail she has

sent me are legally incorrect. If she has had the sufficient training then i

would suggest that she is retrained and is aware of the CFA Code Of Practice

and follows this as there are numerous things that haven't been followed.

This also applies to Daniel Erma but not in as much detail who sent me 1

email which probably took 30 seconds write with no thought or care. It

wouldn't surprise if that email was copied and pasted.

 

3.12 Ensure fairness in all dealings with customers including, but not

limited to, their dealings with customers both before and after the

making of the agreement and the manner in which those agreements

are enforced. I for one have not been treated fairly at all. I have been

friendly and notified you of my spiraling problems yet i have not been

offered any help whatsoever. I have asked for help and all you say is if i

don't make the required payments it is going to a Debt Collection Agency.

Being fair to a customer would be to actually acknowledge what they say and

try help but despite continuous attempts for a Reference Number and Bank

Details i have had no such look. I can go into more detail but at this

moment i don't have the time.

 

5 DEBT COLLECTION

5.1 Members shall ensure, by regularly reviewing their debt collection

procedures and those of any third parties they employ, that they

conform to high ethical standards and allow for proper consideration

of the customer’s circumstances.

 

I have told you my circumstances have changed and all you have said as

detailed on previous emails is:-

"We acknowledge receipt of your request to cancel the continuous payment

authority as per section 55(3)of the Payment Services

Regulations 2009 We will not attempt to collect payment using these details

as the continuous payment authority is now cancelled for further 5 days. Please be

advised that if there will be no communication from the Debt Management

company until the 9th of December , the debt will be handed to Debt

Collections agency"

 

Well here there couldn't of been proper consideration as i haven't mentioned

anything about a Debt Management Company and i wasn't even aware what one

was at the time of your response.

 

5.5 Members shall allow for alternative, affordable, payment amounts

when the borrower or his appointed debt advisor or representative

makes a reasonable proposal.

 

As per my Financial Statement i have shown you that i cannot afford the

payments on my plan and i have shown what i can afford. You haven't made any

reasonable proposals since my circumstances have changed and haven't allowed

for alternative, affordable, payment amounts. The only response i seem to

get is something along the lines of "As stated before in case we do not

receive the agreed payment within the next 5 days, your loan will be

defaulted and will be handed over to our Debt Collection Partner"

 

6 DEALING WITH CUSTOMERS EXPERIENCING FINANCIAL

DIFFICULTIES OR HARDSHIP

6.1 Members shall consider cases of financial difficulty sympathetically

and positively, treat customers in default or with arrears difficulties

with understanding, forbearance and due consideration and not bully

or threaten but encourage their customers to contact them should

they experience financial difficulty.

 

I feel i have not been treated sympathetically or positively as my requests

for things like bank details, reference numbers etc still haven't been

acknowledged. You encourage to contact yourselves yet you won't do anything

for me and continue to threaten me with Debt Collection Agencies if i don't

make the payments you ask for and not what i can afford. Even if i could i

wouldn't be able to pay as you refuse to acknowledge my requests for Bank

Details and Reference Numbers.

 

6.3 Members shall, where appropriate, refer customers to debt

counselling organisations and notify customers where they can get

free advice, such as Citizens Advice Bureaux, Money Advice Centres,

National Debtline or the Consumer Credit Counselling Service.

6.7 Members shall make available to customers, considered to be in

severe financial difficulty due to unforeseen financial circumstances a

Hardship Program.

Firstly, i haven't been made aware of a Hardship Program and at the time of

writing this email i still don't know what one is. Not once have you

notified me about debt counselling organisations, but due to a News Report i

was made aware of the National Debtline who helped me to create my financial

statement and have also provided advice on the emails including this one i

have been sending and receiving. The advice they have given me about my

Priority Debts and Non Priority Debts and all my Debts apart from yours are

now looking up where they have frozen the interest and set up affordable

plans.

 

If you fail to resolve my complaint within 8 weeks, or if matters are not

settled to my satisfaction, i will have no alternative but to refer my

complaint to the Financial Ombudsman Service and your Trade Association and

at this moment i have not been dealt with positively unlike the other

companies on my financial statement.

 

My debt is out of control and since making the original agreement and

repayment plans my circumstances have changed,all i am asking for is help

 

I look forward to hearing you and hope that this email is acknowledged and

that all my points are looked at and responded to.

 

Yours Faithfully

 

Liam McLoughlin

 

On 5 Dec 2013, at 08:11, "Peachy Collections

Thank you for the email.

 

Please be advised that our Credit Agreement is regulated by the

Consumer Finance Association and Standards of Fair Trading and by

singing this agreement you are obliged to provided us with needed

documentation.

 

Please note that once we have received your email about your financial

problems on the 22nd of October 2013 we have immediately notified you

that we are able to offer you a reasonable repayment plan but we will

also require a down payment.

 

We have the right to require supportive documentation regarding the

cause of the financial difficulties to determine the time of the

change and whether the cause was unforeseen or not. The reasonable

payment arrangement can be set up only when the Customer provides

documentation regarding the monthly income and expenditure.

 

In your case, we have provided you with the repayment plan without any

supportive document and we have made another

exception by agreeing on the repayment plan without any down payment.

 

Please note that the you have stated the reason for your inability to

cover the full payment on your email dated 22 nd of October 2013

by telling us that there is simply no funds in your bank.

 

We have provided you with the reasonable repayment plan and the copy

was sent to your email address with the new Financial Statement.

 

Please note that by the 9th of December the debt will be handed over

to Debt Collections agency as unfortunately we are not able to

rearrange the repayment plan.

 

In case we will received any letter from the Financial Ombudsman , we

will send a reply immediately with all the supportive documentation.

 

Kind regards,

Amy Stone

General Manager of Peachy Loans

Peachy Collections Department

 

On 5 December 2013 11:16, Liam McLoughlin

 

Well again the information there that you have supplied is also incorrect as I am not obliged to provide any supportive documentation but I have done to help show you my problems. Also you have mentioned about reasonable repayments how can this be classed as reasonable when I have shown you all I can afford.

 

On my previous email you haven't acknowledged the majority of my points on my emailed detailed below and I would like to know why and why you still won't provide me with a reference number and your bank details to make payments.

 

I believe it is my right to make payments and withholding this information is making this impossible.

 

I would also like you to address everything that I have wrote on my previous email instead of just trying to fob me off again as this is just making me mad now. It took me a long time to write my last email and for me to have a response within 11 minutes of you opening shows that the email hasn't been read properly and hasn't been actioned as I have asked.

 

All these emails I am sending and receiving are being recorded incase I do need to take this further and I would also like to remind you that with every email I receive I am seeking professional advice on what to write so I do know my rights.

 

As stated on my previous email I am raising this as a complaint and I would like this to be forwarded to your Complaints Department or for you to supply the email address.

 

Yours Faithfully

 

Liam McLoughlin

 

On 5 Dec 2013, at 12:55, "Peachy Collections"

 

Thank you for the email.

 

Please be advised that the previous email has been sent to your from

our Head Manager and this email has been sent as a response to your

complaint.

Please note that as soon as we receive any letter from the Financial

Ombudsman, we will then reply immediately and supply with all the

needed documentation and email conversation saved under your profile.

 

 

Please note that unfortunately we were unable to accept the payment

offer you have provided us with and the debt will be passed to Debt

Collections agency on Monday the 9th of December 2013. They will be in

touch with you shortly, as unfortunately we were unable to reach any

agreements with you.

 

 

Kind regards,

Alina Samsina

Peachy Collections Department

 

On 5 December 2013 12:59, Liam McLoughlin

 

But I don't understand how you can expect me to make a payment when you won't give me any details.

 

Please explain

 

Yours Faithfully,

 

Liam McLoughlin

 

On 5 Dec 2013, at 13:04, "Peachy Collections"

 

Thank you for the email.

 

Please be advised that we will not be able to send you a direct

transfer details, as you confirmed that you no longer able to meet the

repayment plan payments.

 

Kind regards,

Alina Samsina

Peachy Collections Department

 

 

Right ok not a problem I have just spoken to the National Debt Line and read your emails to then and they have said that it seems now that you want me to go through the financial ombudsman as you are denying me the right to pay off any part of my loan

 

As previously stated my offer still stands and whilst this is ongoing I will be putting the payments I can afford to pay to one side.

 

Kind Regards,

 

Liam McLoughlin

 

Thank you for the e-mail.

 

We are not refusing payments, you are refusing to pay the agreed payments.

 

Please note that you were not able to make the full payment and we

agreed to arrange a repayment plan for you without any proof or the

required down payment.

 

So far we have received only 1 payment of £15.02 since 17/08/2013 when

you took out the loan.

 

Your behavior towards repaying this loan is considered as a deliberate act

to avoid the repayment of your loan and as a breach of the terms of

the Credit Agreement.

 

In case you are not able to make us the agreed payment

within 4 days your loan will be in default and will be handed over to

our Debt Collection Partner.

 

Please note that you may have to pay extra charges to the Debt

Collection Agency in addition to the amount you owe us. If you do not

co-operate with Debt Collection Agency a County Court Judgement may be

entered against you.

 

 

 

Kind regards,

Daniel Erma

Peachy Collections Department

 

Good Evening,

 

How can i make payments through my bank if you won't give me my reference number and your account details.

 

You have told me today " Please be advised that we will not be able to send you a direct

transfer details, as you confirmed that you no longer able to meet there payment plan

payments" I want to send you what i can afford but you allow it.

 

You have also told me today "Please note that unfortunately we were unable to accept the payment offer you have provided us with and the debt will be passed to Debt Collections agency on Monday the 9th of December 2013. They will be in touch with you shortly, as unfortunately we were unable to reach any agreements with you" This again is you not accepting a payment when i have asked your details.

 

And again at 15:46 yesterday " Please be advised that unfortunately we will not be able to accept a

reduced payments of £6.05." Surely me wanting to make payments of £6.05 is we wanting to pay off my loan. Whether you setup a plan that includes this is irrelevant but when you say on your last email Your behavior towards repaying this loan is considered as a deliberate act to avoid the repayment of your loan and as a breach of the terms of the Credit Agreement. How can this be me avoiding repaying my loan when i have sent numerous emails asking for your bank details and you either declining the request or just ignoring what i have wrote as if i haven't wrote.

 

I would also like to know why i am not getting replies from a Manager each time now this has been raised as a complaint and i am still dealing with the same members of staff that i have previously complained about.

 

Yours Faithfully,

 

Liam McLoughlin

=====================================

Am i right in what i'm saying?

[renegadeimp]

Way too long and youve started letter tennis with them. All you need to do is go to your bank and cancel the CPA

[liam1985]

Many thanks renegadeimp I know it is long and I do apologise for that but I wanted to give a full description on what's actually happening. I take it letter tennis isn't a good thing? I really am new to this so excuse my ignorance but I thought speaking to them regularly and being as cooperative as I can would be good.

 

Also can you tell me why they won't give me a reference number or there bank details. I have asked them about 6 times but no joy and they just either ignore my request or decline to give them to me.

 

I have done a CPA and raised a complaint but no joy and they have said they are happy to speak to the financial ombudsman so I think the best thing to do is to get their final response on the complaint and then when the 8 weeks have passed to then get in contact with them

[renegadeimp]

lenders sometimes refuse to give out their info so they can add on charges and interest, or try and make you think that you have to meet their demands.

 

If they wont follow the plan, then we can use the postal order tactic against them.

[letsgetitsorted]

i had similar experience with Wonga....in my last email which they finally listened to i said, that as they are refusing to accept my offer to pay xxx per month then i take it they dont want my money and if i didnt hear from them in 7 days with them accepting my offer, i take it the account will be closed and i will owe them nothing....that worked for me

[letsgetitsorted]

hope you get the res

ponse you are after from them

[mapadale]

Get in touch with the Financial Ombudsman immediately, though the time frame is usually 8 weeks for a complaint. They can and have done for me, send out a letter to say the complaint has also been raised to them.

[renegadeimp]

You cant use the FOS until you exhaust the lenders complaints procedure. The only time the FOS will get involved before that is in exceptional circumstances.

[mapadale]

You cant use the FOS until you exhaust the lenders complaints procedure. The only time the FOS will get involved before that is in exceptional circumstances.

Yes you can, I have done and currently in the process of using them against my insurance company. My complaint has only been with the insurance company for 1 week and I've involved FOS as I felt my insurance company was not taking the complaint seriously. I can also provide proof of this if you wish!

[renegadeimp]

As i said, exceptional circumstances. They will notify the lender/creditor, but they wont do much at all in the first instance.