Aci - peachy

[Jameskel]

Good Afternoon
Have been chased by ACI for an alleged debt with the now gone, Peachy Loans (back in 2019). Asked for a copy of the agreement (memory to be jogged), but suprisingly got a reply stating they could not provide this. They have continued to chase, ignoring their previous statement. Is there something I should send, to put a stop to this or simply ignore. Would be nice to have it removed from my credit file

Thanks for any help

[echat11]

Hi JAMESKEL

Welcome to LB

Although the debt is 'unenforceable' because they can't provide a copy of the agreement, they can still chase the debt, providing they do it reasonably. Providing it doesn't escalate, ignore them.

https://www.citizensadvice.org.uk/de...-by-creditors/

[R0b]

Unfortunately, I have a different opinion to echat11 and would argue that they cannot continue to pursue you.

Under the FCA Rules, CONC Handbook, Rule 7.5.3 says:

A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

Given that they are unable to provide information on the agreement, I would go back to them and say that until they are able to supply the appropriate information, they need to stop sending you demand letters or contacting you by other methods demanding the debt be repaid, and quote the above. You may also want to mention that if they continue to ignore you, then you will be reporting them to the FCA's Enforcement Team who may look into their breach of the rules.

[echat11]

Unfortunately, I have a different opinion to echat11 and would argue that they cannot continue to pursue you.

Under the FCA Rules, CONC Handbook, Rule 7.5.3 says:



Given that they are unable to provide information on the agreement, I would go back to them and say that until they are able to supply the appropriate information, they need to stop sending you demand letters or contacting you by other methods demanding the debt be repaid, and quote the above. You may also want to mention that if they continue to ignore you, then you will be reporting them to the FCA's Enforcement Team who may look into their breach of the rules.

You can lodge complaints with the FCA, they will write back sympathetically, log the complaint, but won't investigate individual complaints, having had previous communications with the FCA's Enforcement Team. It does help them to build up a picture, for action to take place if a lot of people have complained about an entity.

[R0b]

You can lodge complaints with the FCA, they will write back sympathetically, log the complaint, but won't investigate individual complaints, having had previous communications with the FCA's Enforcement Team. It does help them to build up a picture, for action to take place if a lot of people have complained about an entity.

You're quite right and that is pretty much the same with all regulators, but the point is that without informing the FCA, they won't be aware of the problem and I've known are couple of occasions where a serious breach from a single complaint has transitioned into a full blown investigation, so it is possible but for the majority of cases, you are correct that individual complaints are not looked at.

[echat11]

Farage had banking issues and the noise he made (media stuff), they looked into the matter 'off their own bat', far as I'm aware he didn't complain to them, but Government Ministers did. So they looked into the matter. So you are right, they can do, but very rarely do.

[Robertson92]

Have they provided any documentation as I am going through a similar thing