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
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Am i right in what i'm saying?