Peachy/friend asked me to post this

[Placidbob]

Basically, i had issues with my car (which i need for work) and had to get a new one, had a lot of bother with "contact issues" i'll post the email jargon, long read(TLDR also): sorry for that fact , help is appreciated (READ FROM BOTTOM UP):

 

My most recent emai ((included in TLDRl (i was on holiday)),

 

TLDR:

 

"I tried to arrange other repayment, this was there response:

Thank you for the email.

 

Your cancellation request of continuous payment authority is not lawful as this is a financial agreement.

 

Please note that a continuous-payment authority is not covered by any bank guarantee and can only be cancelled by the business that holds the authority. Please note that the cancellation of continues payment authority does not free you of your obligation to make the payment and can be cancelled only when you have an alternative payment method in place or in case you have already made the payment. No payments have been wrongly collected nor disputed.

 

 

We would like to draw your attention to the fact that even though you have contacted us prior your due date, it does not change the fact that you must have had funds available to repay your loan on the agreed date.

Your loan is overdue and we are not obliged to provide you with any discounts at all, however we are still willing to settle your account with £50.

 

If this is not suitable for you or we do not receive funds by Friday 12/07/2013 latest, offer will not be valid any longer and additional charges will be added according to our Credit Cycle until your balance is cleared in full or debt is forwarded to a debt collection agency" :

 

My respnose:

 

 

I am now making a formal complaint as i have tried to contact yourself regarding a payment that was due on the 1st June 2013. As i would not have then funds available on the card registered contacted your company via the "Contact us section" of your website to explain this and to arrange alternative payment via my second bank card as i was unsure a bank transfer would be quick enough, and i could not get an agent over the phone. Your company decided not to contact me but instead let the payment default, to which my response from the collections team was "We would like to draw your attention to the fact that even though you have contacted us prior your due date, it does not change the fact that you must have had funds available to repay your loan on the agreed date.", this breaches multiple OFT guidelines and by ignoring my request to gain profit from a lack of response (To which i have still had no explanation as to why i was not contacted) If required i can state the necessary guidelines breached as a result of this and can forward the full conversation with the collections team highlighting the guidelines breached (As you may be aware speedcredit recently lost its credit license due to following such practices) Furthermore your company refused to provide me with bank details to make the payment (which has been refused) and a letter of final response (which has been ignored) which I am BOTH STILL REQUESTING as i am NOT refusing to make payment, only that i can pay what i know is due and to pay in a manner that i am comfortable with. Finally, you may be aware that a CPA is still active on my account and that you have taken APPROX £130 from my account even though i have requested for this to be cancelled. As a result of this, i will be issuing a charge-back with my bank to recover the funds unlawfully taken, as i stated would happen if this was not investigated and resolved to my satisfaction, i now request that you either resolve this matter and provide a paper letter stating my amount to pay is £32.50 or you send a letter of final response so i can take this further with the Financial Ombudsman Services (F.O.S.). Failure receive a letter of final response or a resolution i will be eligible to take my case to the F.O.S. at the end of this month, as the 6 weeks default period will have passed: or you can arrange a court date with myself for a date i will not be working as this will further reduce my funds. I have already reported your practice to the OFT and shall continue to report on malpractice.

 

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

 

ACTUAL FULL EMAIL (READ FROM BOTTOM UP)

 

To whom it may concern,

 

 

I am now making a formal complaint as i have tried to contact yourself regarding a payment that was due on the 1st June 2013. As i would not have then funds available on the card registered contacted your company via the "Contact us section" of your website to explain this and to arrange alternative payment via my second bank card as i was unsure a bank transfer would be quick enough, and i could not get an agent over the phone. Your company decided not to contact me but instead let the payment default, to which my response from the collections team was "We would like to draw your attention to the fact that even though you have contacted us prior your due date, it does not change the fact that you must have had funds available to repay your loan on the agreed date.", this breaches multiple OFT guidelines and by ignoring my request to gain profit from a lack of response (To which i have still had no explanation as to why i was not contacted) If required i can state the necessary guidelines breached as a result of this and can forward the full conversation with the collections team highlighting the guidelines breached (As you may be aware speedcredit recently lost its credit license due to following such practices) Furthermore your company refused to provide me with bank details to make the payment (which has been refused) and a letter of final response (which has been ignored) which I am BOTH STILL REQUESTING as i am NOT refusing to make payment, only that i can pay what i know is due and to pay in a manner that i am comfortable with. Finally, you may be aware that a CPA is still active on my account and that you have taken APPROX £130 from my account even though i have requested for this to be cancelled. As a result of this, i will be issuing a charge-back with my bank to recover the funds unlawfully taken, as i stated would happen if this was not investigated and resolved to my satisfaction, i now request that you either resolve this matter and provide a paper letter stating my amount to pay is £32.50 or you send a letter of final response so i can take this further with the Financial Ombudsman Services (F.O.S.). Failure receive a letter of final response or a resolution i will be eligible to take my case to the F.O.S. at the end of this month, as the 6 weeks default period will have passed: or you can arrange a court date with myself for a date i will not be working as this will further reduce my funds. I have already reported your practice to the OFT and shall continue to report on malpractice.

 

 

 

Many Thanks, James

 

Thank you for the e-mail.

 

If You have a complaint, We will investigate it and give any redress

to which We feel You are

entitled. In order for Us to investigate Your complaint please send it

to our info@peachy.co.uk.

If You are not happy with Our final response, You have a right to have

Your complaint dealt with

under the Financial Services Ombudsman Service at:

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Website: http://www.financial-ombudsman.org.uk

 

Consumer helpline:

0800 0234 567 (from a landline)

0300 123 9123 (from a mobile)

 

Email: complaint.info@financial-ombudsman.org.uk

Switchboard: 020 7964 1000

Fax: 020 7964 1001

 

 

--

Kind regards,

Daniel Erma

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

Actions

James 7/10/13

To: Peachy Collections

Picture of James

Clearly you do not have an understanding of the law, i have not refused to pay and the bank does have the authority to cancel a CPA as well as applying for a chargeback.

 

It is not your decision as to whether the debt is in dispute but the debitors, you have stated that even though i have contacted you it does not matter...it does, because you have refused to allow me to resolve this before the payment was due and are therefore using an admin error to profiteer from a debitor. You have also stated i do not have another payment method so you cannot cancel the CPA (which legally you have no right to refuse) however i have requested the company bank details so i can give a direct bank transfer, you have not provided this.

 

Thank you for confirming that is company policy as it will only benefit my case when taken to the F.O.S

 

As this is your final decision please confirm you are sending a letter of final response so i can register my complaint with the F.O.S. If you choose not to i will wait the 6 weeks required and the report it anyway.

 

You have also yet to give me the procedure for registering a formal complaint, which i am still requesting.

 

James

Sent from Samsung Mobile

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/10/13

To: James

Picture of Peachy Collections

Thank you for the email.

 

Your cancellation request of continuous payment authority is not lawful as this is a financial agreement.

 

Please note that a continuous-payment authority is not covered by any bank guarantee and can only be cancelled by the business that holds the authority. Please note that the cancellation of continues payment authority does not free you of your obligation to make the payment and can be cancelled only when you have an alternative payment method in place or in case you have already made the payment. No payments have been wrongly collected nor disputed.

 

 

We would like to draw your attention to the fact that even though you have contacted us prior your due date, it does not change the fact that you must have had funds available to repay your loan on the agreed date.

Your loan is overdue and we are not obliged to provide you with any discounts at all, however we are still willing to settle your account with £50.

 

If this is not suitable for you or we do not receive funds by Friday 12/07/2013 latest, offer will not be valid any longer and additional charges will be added according to our Credit Cycle until your balance is cleared in full or debt is forwarded to a debt collection agency.

 

 

 

--

Kind regards,

Alesja Tsernoseva

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

James 7/10/13

Pleas confirm you are sending a letter of final response and that you hace removed your CPA from my bank card. Please also provide bank details so i can transfer the remainding £37.50 to your account

 

Actions

James 7/09/13

To: Peachy Collections

Picture of James

I contacted you 2 days prior to the debt being due via the contact us section of your website to which you failed to respond, I have explained why you were not able to contact me on the due date. As before i do not authorize any collections via CPA until this matter is settled, which by law you cannot refuse. Please sebd a letter of final response.

 

 

Sent from Samsung Mobile

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/09/13

Thank you for the e-mail. Please note on 29/06/2013 you were advised the amount repayable on 01/07/2013. We also sent you a remainder email and a text message before you loan was due. You did not make

Picture of Peachy Collections

Actions

James 7/09/13

To: Peachy Collections

Picture of James

You were unable to reach me as i was working, this is the reason i contacted you BEFORE the payment was due to try pay with an alternative debit card. As you have failed to even acknowledge this fact in any of your recent correspondence, have chosen to previously ignore this in order to profit from an admin error and as you are refusing to remove the additional charges, I am officially stating for legal purposes that this debt is now in dispute. As such, I demand that any CPA's (continuous payment authority's) are cancelled from my debit card and any method of collection from my bank will now be deemed as fraudulent. I will be sending a copy of this to my bank, and any moneys taken from my bank account will be recovered through a Charge-back procedure.

 

I am also making you aware that any communication through door collection visits/telephone calls will be deemed as harassment and any correspondence can be posted or emailed to me. If you wish to pass this over to a debt collection company they will be informed with the supporting evidence that they have taken on a debt that is currently in dispute and requested that the debt is returned to yourself wherein a further complaint will be made to the OFT

 

Furthermore due to your inadequacy, lack of empathy and failure to follow current guidelines I will be reporting your company to the OFT for this breach of guidelines. I shall also be making MP Stella Creasy aware of the way you handle your customers and request that you provide the correct information in order for me to make an official complaint to your company, as well as providing a "Final response/Letter of deadlock" (if this is your final decision) in order to make an official complaint with the financial ombudsman service. Merely ignoring the contents/evidence that I have provided within the emails and repeating "£50 settlement figure" as a reply is totally unacceptable.

 

Below you will find exact guidelines set out by the OFT to be followed by all Consumer Credit License Holders for your consideration:

 

Section 2.2:

 

- treat debtors fairly – debtors should not be subjected to

aggressive practices, inappropriate coercion, or conduct which

is deceitful, oppressive, UNFAIR or improper, whether unlawful or

not.

 

-exercise forbearance and consideration, in particular towards

debtors EXPERIENCING DIFFICULTY – we would expect businesses to

WORK WITH debtors with a view to providing them with

reasonable time and opportunity to repay debts and, where

appropriate, to signpost them to sources of free independent

debt advice.

 

-establish and implement clear, effective and appropriate policies

and procedures for engaging with debtors and other relevant

parties, including having appropriate mechanisms for

RESPONDING TO REASONABLY QUERIED and DISPUTED debt.

 

These are the guidelines from section 2 of the OFT guidelines in which you are in breach, further breaches in guidelines within section 3 can be highlighted on request, however if you are struggling to find the information please refer to:

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

Or you can got to the OFT website and manually search for the guidelines,

 

Yours sincerely, James

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/08/13

To: James

Picture of Peachy Collections

Thank you for the email.

 

 

We have been trying to contact you on 02/07/2013 (the next day after

your due date) and unfortunately were unable to reach.

As was stated previously, the minim repayment amount we are willing to

accept is £50.

 

 

 

--

Kind regards,

Alesja Tsernoseva

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

Actions

James 7/08/13

To: Peachy Collections

Picture of James

As previously stated you chose mot to contact me until after the bill was due even though correspondance was sent on the 29th of june. As a result of this you have allowed me to default and applied charges INSTEAD of contacting me prior to the payment which would have resolved the issue. As this is the case i refuse to pay any additional charges the amout due to be paid back was £62.50 I am unwilling to pay a total of £75 when you have deliberatly ignored me in oder to gain profit. Please either agree to drop ALL additional charges on the account or provide a letter of final response so i can register my complaint with the FOS and OFT

 

 

Sent from Samsung Mobile

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/08/13

To: James

Picture of Peachy Collections

Thank you for the e-mail.

 

The £25 that we have been able to collect is already reduced form the

balance and the remaining balance is £89.50 and as stated before we

are willing to accept £50 to settle your account.

 

 

--

Kind regards,

Daniel Erma

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

Actions

James 7/08/13

To: Peachy Collections

Picture of James

Please confirm that i am only due to pay £25 as a settlement figure as you have already debited £25 from my account

 

 

Sent from Samsung Mobile

 

 

Peachy Collections wrote:

 

 

Thank you for the e-mail.

 

 

Please be so kind and provide us with the exact date on which you will

be able to repay your loan and we will then be able to calculate the

exact amount to be repaid. Please be advised that we follow strict

policy procedures determined by our Credit Risk Committee and

therefore we cannot freeze your loan, additional charges and interest.

However, we are able to make an exception this time.

 

Once you have provided us with the date on which we can expect the

payment, we can negotiate with our Credit Committee to see if we could

write off some of the additional charges. Until that, our system is

automatic and still tries to collect the full amount and also

additional charges and interest will be added.

 

 

 

--

Kind regards,

Alesja Tsernoseva

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

 

On 3 July 2013 17:15, James

To whom it may concern.

> I have used the contact us section of your website on the 29th to inform you

> i cannot access my online account nor can i text the 5-digit number to

> retrieve the password. I have a screen recording program and have video

> evidence of this being sent as companies tend to 'lose' these

> communications. You have failed to contact me and have instead allowed a

> default on my account which breaches OFT guidelines, as you are using an

> admin error as an excuse to apply charges and gain a profit. Please provide

> information on how to reset my password without texting the 5-digit number.

> I also do not deem the additional charges applied as justified due to your

> lack of response and request that they are removed immediatly, failure to do

> so will result in an official complaint being made to both your own company

> and the OFT. James

>

>

> Sent from Samsung Mobile

Actions

James 7/05/13

To: Peachy Collections

Picture of James

As you have already taken £25 from my account i am under the impression that i am only due to pay a further £25

 

 

Sent from Samsung Mobile

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/05/13

To: James

Picture of Peachy Collections

Thank you for the e-mail.

 

The current outstanding balance is £76.00. As an exception, we would

be willing to accept £50.00 as the final settlement payment.

 

Please confirm if this is suitable for you, in order to finalize the

arrangement. Until that, our system is automated and still tries to

collect the outstanding amount and also additional charges and

interest will be added for the overdue time.

 

--

Kind regards,

Karen Randoja

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

Actions

James 7/04/13

To: Peachy Collections

Picture of James

The paymebt can be made immediatly on the condition that the charges are removed and any additional charges are removed

 

 

Sent from Samsung Mobile

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/04/13

To: James

Picture of Peachy Collections

Thank you for the e-mail.

 

 

Please be so kind and provide us with the exact date on which you will

be able to repay your loan and we will then be able to calculate the

exact amount to be repaid. Please be advised that we follow strict

policy procedures determined by our Credit Risk Committee and

therefore we cannot freeze your loan, additional charges and interest.

However, we are able to make an exception this time.

 

Once you have provided us with the date on which we can expect the

payment, we can negotiate with our Credit Committee to see if we could

write off some of the additional charges. Until that, our system is

automatic and still tries to collect the full amount and also

additional charges and interest will be added.

 

 

 

--

Kind regards,

Alesja Tsernoseva

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

 

he paymebt can be made immediatly on the condition that the charges are removed and any additional charges are removed

 

 

Sent from Samsung Mobile

Actions

Peachy Collection​s (collections@peachy.co.uk)Add to contacts 7/04/13

To: James

Picture of Peachy Collections

Thank you for the e-mail.

 

 

Please be so kind and provide us with the exact date on which you will

be able to repay your loan and we will then be able to calculate the

exact amount to be repaid. Please be advised that we follow strict

policy procedures determined by our Credit Risk Committee and

therefore we cannot freeze your loan, additional charges and interest.

However, we are able to make an exception this time.

 

Once you have provided us with the date on which we can expect the

payment, we can negotiate with our Credit Committee to see if we could

write off some of the additional charges. Until that, our system is

automatic and still tries to collect the full amount and also

additional charges and interest will be added.

 

 

 

--

Kind regards,

Alesja Tsernoseva

Peachy Collections Department

http://www.peachy.co.uk

collections@peachy.co.uk

Actions

James 7/03/13

To: collections@peachy.co.uk

Picture of James

To whom it may concern.

I have used the contact us section of your website on the 29th to inform you i cannot access my online account nor can i text the 5-digit number to retrieve the password. I have a screen recording program and have video evidence of this being sent as companies tend to 'lose' these communications. You have failed to contact me and have instead allowed a default on my account which breaches OFT guidelines, as you are using an admin error as an excuse to apply charges and gain a profit. Please provide information on how to reset my password without texting the 5-digit number. I also do not deem the additional charges applied as justified due to your lack of response and request that they are removed immediatly, failure to do so will result in an official complaint being made to both your own company and the OFT. James

Edited August 5, 2013 by Placidbob
Clarification

[renegadeimp]

I only have time to skim read that post, but in almost every response they break the terms of their credit licence and oft guidelines.

[PDLVictim]

Hi Placidbob,

 

I would pay them the remaining 37.50 GBP into their bank account. Their bank details are Sort code 20-03-53 Account 43882942

 

This will give you a better position when it goes to FOS (although I doubt it will go there, they probably settle).

 

Once you have paid them the 37.50 GBP send them an email asking for confirmation that the account is now closed.