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Night Garden

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  1. Thanks for your help. I thought I could just write and tell them my circumstances haven't changed, but wasn't sure if there was a more formal letter to send them. I will have a look in the library and if not will just send them a letter explaining.
  2. I would appreciate some advice with regards to Link. I have been paying a debt they have taken on from Barclaycard for approx 18mths now. I have it set up on a standing order so I have full control on how much I pay. Over the last couple of weeks or so, I have been receiving 'withheld' calls on my home phone. I knew for well that it was more than likely them, so I never answer them, if they want to leave a message on the answer machine (which they don't) they are more than welcome, but I still will not call them. Saying that they have left 2 messages in the last week asking me to call them, and they even phoned me at work last week. I had no choice but to speak to them on that occasion, but I told them in no uncertain terms that are not to phone me and all communication has to be written. She said she would remove the numbers they have (yeah we'll see) and would write to me. I received a letter from them yesterday and it's basically saying that even though I have been making payments on my account which has reduced the outstanding balance (really, I never realised that was what happened lol), my account is now due for a review. So can I complete the I&E, and send it along with the next instalment (which is a bit difficult as it's a standing order). It goes on to say that 'If you do not compete the review we reserve the right to request the immediate repayment of the outstanding balance' Now I have never completed an I&E for any creditors - and I am not going to send them one now. However, do I need to acknowledge this letter and if so what should I write? or shall I ignore it and just carry on making payments as I have been for the past 18mths, as I am not in a position to increase these anyway. Many thanks in advance.
  3. The reconstituted agreement they have sent me has no details on there whatsoever. No name, address, dates, signatures, that would relate to me. The only signature on there is from Andy Lord Company Secretary.
  4. Any help on this matter will be gratefully appreciated. I had a letter from EOS back in Nov 2010 - I sent a CCA to which I never received a reply in the specified amount of time (12 working days). Around Xmas 2010 I then received a statement of account from EOS showing the balance I owe. Again I send them a CCA and I hear absolutely nothing. Then on 2nd March 2013 I receive another letter from EOS stating that I have not replied to their previous correspondence, and how I should contact them immediately etc. So on 5th March 2013 another CCA is sent to them, it is delivered on 6th March 2013 giving a reply date of 21st March 2013 (12 working days). I receive nothing until today (9th April 2013 - which I make 11 working days over the date I expected to receive a reply from them). Anyway, the letter today reads: I am writing in response to your recent request for a copy of your credit agreement. We are unable to provide a signed copy of your agreement so will not be taking legal action to enforce recovery of the outstanding balance. Please find enclosed, however a reconstituted copy of your current credit agreement with our client. This approach is consistent with the requirements of the Consumer Credit Act 1974, as amended. As you will be aware the reconstituted credit agreement as supplied complies with all legal requirements. As such it is our intentions to recommence collections activities on this account. Please be advised that the account has been placed on a 2 week hold to allow you time to receive this information. So what is my next move?
  5. Ist Credit did keep sending them out to me asking for them to be completed, but I never did, and they have now been receiving payments for about 4 months and they are quite happy. I will request a statement from Link again, and see what happens. Thanks CitizenB
  6. Update: After looking into all the above, I agreed that I had made payments in the past. So on 1st February 2012 I made my first cheque payment to Link along with an offer letter, clearly stating in big bold lettering - clearance of this cheque is your acceptance of my offer (or words along those lines),which they have cashed. Today I receive a letter thanking me for my letter, and stating in order to accept my offer they would need a completed I&E to make sure I could afford the repayments and would continue to make them. I had the same problem with 1st Credit - I never sent them an I&E, I just sent them a cheque each month with a letter of offer, which they cashed and they have just allowed me to make repayments using a standing order. With Link, I have asked a couple of times for them to provide me with a statement of account so I can see exactly the amount outstanding (I had paperwork from them showing payments made in 2006/2007 with an outstanding balance on it which I was sent within the last 6 months), so I can make sure that the payments are being deducted. They have not provided this yet, and on all their letters there is never an outstanding balance shown. Should I request it again, stating that in order to see how long it will take to repay I need the balance, I will not mention the I&E as I am not planning on returning one, they will get a cheque each month and a letter as I did with 1st Credit. I thought that these companies had to send out statements on a regular basis - but obviously not. Your help and advice is very much appreciated
  7. Update: First Credit have allowed me to now make payments via standing order, which makes life a lot easier, as I have been paying by cheque (and as I don't have a cheque book I have to get one every month from my parents - which is a right nuisance). They are quite happy with my offer and I didn't send them an I&E at all. Thanks to all that have replied to my threads offering support and advice
  8. I've got a feeling that payments were probably made in branch using cash - possibly cheque (but not 100% sure), I would imagine using payment slips. Unfortunately I don't have any copies of these to my knowledge, as we've moved and a lot of stuff had been shredded - hindsight eh? Can I request copies of payments made to Barclaycard? If so how - as I kinda presumed it would show up on the SAR. The paperwork from BC are copy statements date range 18/11/2005-20/03/2007, the default date is 31/08/2004, and the dates I made payments to Link were 13/07/2006-22/02/2007 (6 payments in total) according to the Link printout.
  9. Just had a look on RBS website and they are branches we could've gone too - so not looking good
  10. Hi DX On all the CR checks I've done they only ever state the default date and nothing about any other payments after that. I sent a SAR to Barclaycard and the paperwork I got back makes no sense whatsoever, it came on two separate occasions and I can't find anything about any payments made. One lot was copies of letters the other was stating the closing balance and when the payments were due, this is the only info on there, and it's only the date that changes never the balance. When I sent a SAR to Halifax for a different debt, even though they sent me pages and pages of stuff, I did finally find the dates I needed. Link sent me a printout showing payments but it's a photocopy (I think) and it's from Link on their paper not from Barclaycard. It shows payments being paid from 13/07/2006 to 22/02/2007. The info states:- Bank date, Bank, Transaction, Description, Credit, Debit and Balance. The bank is always RBS (I do have an RBS account), transaction always OTC, description varies (it's always the same a/c no but the sort code changes), credit amount always the same and obviously the balance decreases. Is there any where that I can check the sort codes to see where the branches are? Maybe this will shed some light - as they may not even be around my area.
  11. Ok, so I sent Link, both the harassment and account in dispute letters, and today I receive the following: Harassment letter - acknowledgement of my letter, and at this time they are unable to resolve my complaint, although it has been passed onto the Complaints Manager and they will contact me within 4 weeks. Account in dispute - Thanked me for my letter and reiterated that they informed my in Nov that they did not hold the original documents and they would have to source a duplicate from the original vendor (yes they did tell me that), and they now have enclosed a duplicate. They also say that the can inform me that the 12 working days (CCA request) is only applicable to running accounts which is not the case herein as the account has been in default since 31.08.2004. Now I know it was in default from that date, but unfortunately I did make payments (very infrequently) since that date, the last being sometime in 2007 - so I know that it's not Statute Barred, but is there any loop holes due to the fact that it took them in excess of 40 days to provide the paperwork from the CCA request (plus it's a really bad photocopy parts are very dark and eligible) or am I just going to have to give in and make an offer. Again all advice is gratefully appreciated.
  12. Thanks ims21 Will get one of those off to them too. Would you suggest posting separately or together in the same envelope?
  13. I am going to send Link an harassment letter tomorrow with regards to their constant phone calls. I have had 18 calls within a 4 month period to date (although there were more, but I don't have a record of dates etc for those), and 3 of these have been to my place of work. All are from a with held number. Also I sent a CCA request to them and they replied on 7th Nov 2011 saying that they had requested it from Barclaycard and it could take up to 30 days for them to send it to me - it's now been 42 days from the date I received that letter. Any advice on what the next step is on this one?
  14. Thanks guys, really appreciate your help, I know I should just ignore the letters and carry on paying what I can, as they are cashing the cheque each month, so it's not like I'm not paying or acknowledging it, but every time I get a slightly different letter I always panic and I don't really need too.
  15. Update: Letter received this morning, telling me that despite numerous attempts to discuss a mutually acceptable arrangement on this account, they now intend to pass my account onto Connaught Collections (whom I believe having read some posts on here are in fact part of 1st Credit) for them to purse the full outstanding balance unless they receive a completed I&E from me. I have received a couple of these in the past and had decided against completing, as I had had replies to this thread previously saying that only a Judge can ask for one, or it was my own decision as to whether I completed one. I also had a reply saying that I did not have to include my partners wages (as we are not married), and also that I did not have to include child benefit or tax credits, but if I just put my wages and nothing else, and split all the bills in half (as if me and my partner were paying half each) I don't even earn enough to cover my half. On the previous I&E's that they have sent they ask how many people in the household - so do I include my partner even though his money is not being taken into account? They ask for my employment status, which is ok, but they then ask for employers details - can I refuse to give this? It does asks for child benefit and tax credits, with the tax credits - can I halve the amount as with all the other bills as in theory my partner gets half of these as his wages are taken into account when this is calculated? Or do I not include them? On the form I received this morning, they are asking for a lot more, they want assets (which I don't have as we rent), vehicle value, and a whole host of other stuff, but a lot of it has been split into separate items like (food/milk, cleaning/toiletries, cigarettes/tobacco/sweets) - but all these things if I buy them come under my whole shopping allowance. Was going to just put a grand amount on the food section. So basically if anyone can let me know answers to any of the above, and whether I can leave parts of the form blank i.e. employers details would be great. Think I may have to send them a I&E but may send the more basic one rather than the long winded one I got today, but for now, I am just about to send off my 3rd cheque to them, they have cashed the last 2 and taken the amounts of the balance - so I thought that they had accepted my offer, and with the cheque is always a letter and I clearly state in big bold letters 'clearance of this payment will be seen as your acceptance of my offer and I will continue to pay accordingly'. Again any help and advice is appreciated.
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