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greenflamingo

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  1. Further email from the finance company: "What we have requested is copy that you should hold, of your contract with the retailer ASC. On the reverse of this purchase contract will be printed the terms and conditions including further warranty detail that is referred to in the guarantee that you have kindly forwarded this morning. The guarantee specifically refers to 'The benefits of this warranty are in addition to any warranty provided by the glass manufacturers guarantee detailed elsewhere' ... the reverse of your purchase contract should give some indication of this glass manufacturers guarantee. The Consumer Credit Act joins a connected lender in the contract made with the retailer ......therefore, following the demise ofASC, our obligation is to act under the terms of that contract .. which is exactly what would have happened if your retailer ASC, was still trading." Unfortunately I cannot find the contract (which is not the HP Agreement as I thought). Does this mean if I cant find it I cant claim for a repair? What should I put in my email to respond?
  2. my sympathies oldsnowborder Its disgraceful how BPF can bombard people with telephone calls - you become nervous in your own home - this is pure harrassment yet no-one seems to do anything about it. Reported them to the FSA but a waste of time.
  3. Thank you Brigadier Yes I have a copy of their 10 year guarantee
  4. I purchased a conservatory in 2006, signing a Credit Agreement for Finance. If you can look on my profile you should be able to see that I scanned it onto this website a couple of years ago. To cut a long story short the money borrowed was paid back in full - no interest charges applicable. Shortly afterwards the double glazing installer went bust. There have been two repairs to the conservatory (via Barclays Partner Finance) over the past couple of years. I have a 10 year guarantee but obviously this is not worth the paper it was written on. When I had the second repair the installer hired by the finance company mentioned that they had made mutterings about not carrying out any subsequent repairs. Another window failed last week and I notified BPF as per usual. Today I received a letter from their agent asking for the copy of the HP document and the Guarantee. I fear they are trying to wriggle out of paying for the repair and have told them that they already have these documents and to look at their own files. Obviously I have the letters from BPF confirming that the two subsequent repairs were carried out. The problem is that I only have a scanned copy of the HP agreement and cannot really send them a copy which is legible. Are they entitled to refuse a third repair? Should I say I have lost the original HP document and request a copy from them?
  5. Hope someone can help with this one. In 2009 I was made redundant but managed to change to an interest only mortgage just before the redundancy was announced. I decided not to look for another job and am a stay at home mum. My partner (who is on the joint mortgage) works full time in a relatively secure job. I did not inform the mortgage company of a change of circumstances as there was no problem paying the mortgage (only 10% of my partners take home salary). We have never missed any payments. We have now put our house up for sale and the mortgage has said subject to a credit check/underwriters etc. that we can port our mortgage over to a new property (yet to be found). The amount currently borrowed is based upon both of our salaries when we both worked full time. If we try to port the mortgage will the provider reduce the amount we could borrow on interest only? If the sale of our property fell through and we didnt buy another property would the provider try and say we couldnt keep our existing mortgage anyway as one of us is not working? We have a viewing on ours at the weekend and are now worried in case someone offers and we dont know what is going to happen with the mortgage?
  6. Just received a statement from child tax credits saying that I owe £1100 for the period ending April 2003. My partner moved in and I did not inform the child tax credit office. This is over 6 years old. Are they legally allowed to try and claim back monies over 6 years old? Unfortunately I am now unemployed and my partner is on a 4 day week so things are very tight. Any help appreciated.
  7. Barclays response to my letter: "I have thoroughly investigated the issues you have raised and I am sorry that you are dissatisfied with the administration of your account. As you are aware, a payment was applied to your account in error and the zero balance status was subsequently issued to you in writing. As this error has now been identified, the payment has been transferred to the correct account. Whilst we acknowledge that we have made an administration error, by your admission you were aware that this error had occurred and opted not to advise us that you had not made the payment of £10,680.00. As you have failed to make payment to the account, you are currently in breach of the agreement terms. I am sorry to note that, as a result of these actions, you are no longer in a position to make payment to the account. However, I can confirm that payment remains due. In order to assist, we will accept the cash price of £10680.00 provided this is received within twenty eight days. Should full payment not be recceived, we will continue to administer your account in line with the terms and conditions of your signed finance agreement. With reference to my previous correspondence, I am sorry for any misunderstanding regarding the information you had given. However, where you are disputing your liability for repaying the account, it is reasonable for us to assume that you were implying that payment had already been made." So they have waived the £7000+ interest charges. Would it be a wise move to offer say 60% of the outstanding amount in full and final settlement? I doubt really that a judge would say I didnt have to pay anything but I would say that Barclays are also in breach of the agreement as they failed to take payment on the first and subsequent payment dates.
  8. Thanks Steven and Slick for help with credit agreement. I am going to donate to CAG after all this is over. Yes I am going to send the letter mid next week so am thinking I may get a response from Barclays the week after. Jumping on a stage am wondering whether if the response is negative and they threaten court action would it make sense for me to be one step ahead of them and file my own court action in the Small Claims Court? I was thinking it might save me money on legal fees and/or some type of collection fees imposed by any credit collection agency/solicitor employed by Barclays?
  9. Thanks Slick - do I put this on say the photobucket website and paste in the link onto the forum?
  10. Checked through the credit agreement and everything seems ok. The only thing I can see is the Right to Cancel section which states I have "5 days starting with the day after you received this copy. " There is then a cancellation form actually on the credit agreement so they havent written to me separately giving cancellation information. Is this legal as I thought you had 14 days cooling off period?
  11. Thanks everyone for your help. I have today received a letter from Barclays Partner Finance: "I write with reference to the above numbered account. Unfortunately I was unable to contact you by telephone today. As discussed with our customer services department, a payment was applied to your account with cleared your balance, and this was confirmed in writing. However, it has since been identified that this payment belonged to another account, and has since been transferred. Therefore, your account is not settled. I understand that you have advised that a payment for this value was sent by you to the above account and that your balance should be settled. In order that I can locate this payment and resolve matters swiftly, I require proof of the payment you had made. On receipt of this, I will endeavour to finalise your account as quickly as possible. I have placed a hold on your account for a period of fourteen days to allow for receipt of the above information. Should you require longer obtaining the information, please advise me at the earliest opportunity. I trust you will by now have received a copy of your finance agreement although please do not hesitate to contact me should you require any further information." I did not at any time advise BPF that I had paid the £10K on this account as I wouldnt lie. I wonder if they are trying to catch me out? Is it good news that they have admitted they made a mistake? What should my next written response be? Is it too early to mention estoppel and change of circumstances to them? Obviously I cant produce receipt of payment.
  12. Thanks Slick Feeling confident I can take them on just on the basis that they are a real nuisance with the telephone calls. I am going to report them to Trading Standards on Monday.
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