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    • not sure what you think is going on but they are nothing to do with any official court forms... it's merely a process and fleecing debt buyer must go thru should they be thinking of requesting northants bulk issue a speculative court claim on their behalf.   just send it as is dont change it.   as for d: just put .....the debt purchaser has yet to provide any or all of the required documentation.   dx    
    • if you type in auxillis is our search top right in the red banner you'll see this con over auxillis and supposed courtesy cars , but it's not its an HP agreement is well known here.   9/10 it's ends up with you fronting a court claim out of your own pocket for auxillis against the other parties insurance company that you don't stand a chance of ever winning for a claim against them for the excessive HP hire car costs you got scammed with.   may i be frank that whomever told you looking at the circumstances of you incident that you'd ever win a claim and it not be 50/50 was wrong.   you were in a narrow road in a housing estate with cars parked down one side on a blind sweeping bend exceeding the speed you should have been doing for the stated weather conditions. running into someone's side that pulls out infront of you in such an area and it being where you live too so you know it well would never be the other parties sole fault even without the poor weather. if this were to go to court IMHO you would lose.   sadly shows you were not p'haps driving with due care and attention. hence your ins companies stance.
    • I did see not to give those details out, but as these could wind up official court forms, I dont want to be on the wrong side of it.   the areas in boxes D and I, is it ok to say ""refer to appendix A, refer to appendix B"? There s a REALLy long list of "what the hell" I want out of them as this is making zero sense. Not only that, I've got a long list of "this is the hell" I need to send back in the dispute too.
    • the debt has been sold not passed on and yes there is no legislation that prevent a disputed debt being sold.   as for your other questions go read post 4 of that thread again carefully it's all there.   dx  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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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.

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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

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Ha ha, thanks BankFodder :-)

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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.

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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... :boxing:

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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!

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

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  • 4 months later...

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?

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

 

Many thanks. Complaint ahoy!

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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?

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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?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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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.

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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

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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?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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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.

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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?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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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?

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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

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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.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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thankyou :-D

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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

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