What can I do when RBS refuse to remove a late payment from credit profile?
RBS_Sucks
Posts: 49 Forumite
in Credit cards
Hi everyone,
I'm hoping I can find some good advice here.
I've ended up with a late payment logged on my credit profile. I make sure funds go into a bank account each month from my primary account which then covers all my direct debits as well as the minimum payment for my credit cards. As I own my own business I use my credit cards a lot especially for bigger transactions such as international transaction which offers me a bit more security. My limit is £12,500 however for some reason RBS let this go upto just under £14,500 which I think is ridiculous but I didn't know I was over my limit as I complete so many transactions. The problem arose when they tried to take the difference between my limit as well as the minimum payment amount which I wasn't aware they would do and wasn't expecting so correct funds quite simply weren't available in that specific account.
After speaking to the complaints team (Hi Jobsworth, I hope you're well) they tell me they won't remove the mark from my credit profile and that it's in their terms and conditions that they can do this. This is actually not true but they simply won't listen to my complaint and told me to contact the Ombudsman if I don't like their response. I spoke to both an advisor of which their attitude is astonishing and I can only assume they forgot they were speaking to a customer rather than a rodent.
I've went over the terms and conditions with a tooth comb and the defence they use is that a part says if you go over your credit limit there is a £12 charge. Surely the purpose of setting a credit limit is that you cannot go over and to create matters like this? The defence they used was that what if it was an emergency and I couldn't get home however surely a small amount would be required and not the best part of £2000 as was allowed to happen.
Further to this, the minimum payment on my terms and conditions states to be either 2.25% of the balance or £5, whichever is greater. They tried to take the £2000 as well as the 2.25% which is more than the agreement states.
Either way I feel they have broken the terms of the agreement and are responsible for this matter happening yet they refuse to accept this and tell me they won't falsify my credit profile. The mannerism of both these members of staff was absolutely ridiculous to the point the manager disconnected the call rather than addressing my concerns as she could not answer my questions which I believe to be very valid. I was very calm and made sure to be polite throughout so I do not feel she had any reason to do this other than being stubborn over a decision which was made and not having the answers to some very valid questions.
Further to this, the original advisor told me he had made his final decision and that I would now have to go to the Ombudsman however he repeatedly advised he does not have the terms and conditions to look at so couldn't comment on certain things. How could he possibly come to a final decision without having all facts in front of him. When I advised him of this he put me on hold for quite some time of which he 'claimed' to now have read them however we could not read any of the terms as shown on documentation so I believe this to be a lie.
For the record, I don't think I'm blameless as I should've monitored by accounts better however I put in procedures to ensure all my bills were covered each month (with slightly more in case of additional charges) however I don't feel the bank have acted fairly here and I believe there terms and conditions do not comply with the actions they've taken.
A credit limit to a standard person would imply that you could not exceed this amount therefore by not allowing this then the correct amount would've been available as per our contract.
If for any reason the above was not the case then they should only have taken 2.25% of the balance which is just over £320 and would still have been fine however they attempted to take over £2000 which is again different to the terms of the contract.
Why do they have confusing contracts then fail to accept ownership of the mistake then imply that I'm asking them to falsify my credit profile record.
This is an absolutely terrible experience with this bank and I wonder if anyone knows how I can resolve this or if I should just go straight to the Ombudsman?
I have a credit card, business bank account, personal bank account and mortgage with RBS but after this situation I'll seriously consider banking elsewhere as they have been nothing but trouble to me and the attitude of the staff I spoke to is downright terrible.
Sorry for rambling on but thank you in advance for any responses.
Regards
James
I'm hoping I can find some good advice here.
I've ended up with a late payment logged on my credit profile. I make sure funds go into a bank account each month from my primary account which then covers all my direct debits as well as the minimum payment for my credit cards. As I own my own business I use my credit cards a lot especially for bigger transactions such as international transaction which offers me a bit more security. My limit is £12,500 however for some reason RBS let this go upto just under £14,500 which I think is ridiculous but I didn't know I was over my limit as I complete so many transactions. The problem arose when they tried to take the difference between my limit as well as the minimum payment amount which I wasn't aware they would do and wasn't expecting so correct funds quite simply weren't available in that specific account.
After speaking to the complaints team (Hi Jobsworth, I hope you're well) they tell me they won't remove the mark from my credit profile and that it's in their terms and conditions that they can do this. This is actually not true but they simply won't listen to my complaint and told me to contact the Ombudsman if I don't like their response. I spoke to both an advisor of which their attitude is astonishing and I can only assume they forgot they were speaking to a customer rather than a rodent.
I've went over the terms and conditions with a tooth comb and the defence they use is that a part says if you go over your credit limit there is a £12 charge. Surely the purpose of setting a credit limit is that you cannot go over and to create matters like this? The defence they used was that what if it was an emergency and I couldn't get home however surely a small amount would be required and not the best part of £2000 as was allowed to happen.
Further to this, the minimum payment on my terms and conditions states to be either 2.25% of the balance or £5, whichever is greater. They tried to take the £2000 as well as the 2.25% which is more than the agreement states.
Either way I feel they have broken the terms of the agreement and are responsible for this matter happening yet they refuse to accept this and tell me they won't falsify my credit profile. The mannerism of both these members of staff was absolutely ridiculous to the point the manager disconnected the call rather than addressing my concerns as she could not answer my questions which I believe to be very valid. I was very calm and made sure to be polite throughout so I do not feel she had any reason to do this other than being stubborn over a decision which was made and not having the answers to some very valid questions.
Further to this, the original advisor told me he had made his final decision and that I would now have to go to the Ombudsman however he repeatedly advised he does not have the terms and conditions to look at so couldn't comment on certain things. How could he possibly come to a final decision without having all facts in front of him. When I advised him of this he put me on hold for quite some time of which he 'claimed' to now have read them however we could not read any of the terms as shown on documentation so I believe this to be a lie.
For the record, I don't think I'm blameless as I should've monitored by accounts better however I put in procedures to ensure all my bills were covered each month (with slightly more in case of additional charges) however I don't feel the bank have acted fairly here and I believe there terms and conditions do not comply with the actions they've taken.
A credit limit to a standard person would imply that you could not exceed this amount therefore by not allowing this then the correct amount would've been available as per our contract.
If for any reason the above was not the case then they should only have taken 2.25% of the balance which is just over £320 and would still have been fine however they attempted to take over £2000 which is again different to the terms of the contract.
Why do they have confusing contracts then fail to accept ownership of the mistake then imply that I'm asking them to falsify my credit profile record.
This is an absolutely terrible experience with this bank and I wonder if anyone knows how I can resolve this or if I should just go straight to the Ombudsman?
I have a credit card, business bank account, personal bank account and mortgage with RBS but after this situation I'll seriously consider banking elsewhere as they have been nothing but trouble to me and the attitude of the staff I spoke to is downright terrible.
Sorry for rambling on but thank you in advance for any responses.
Regards
James
0
Comments
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Did you go over your agreed limit then?
Im not sure complaints was the first department to go to, if I'm honest.
Sorry to be harsh, but at the end of the day, its your own fault, the bank have not done anything wrong.
You should have kept track of your finances, especially if you run a business. Just get it paid off ASAP and forget about it.0 -
It's the customer's responsibility to stay under the credit limit. Most lenders will allow a breach, either as they say for emergencies, or because not all transactions are real time.
Regarding their taking the amount over you limit as well as the minimum payment, a example of their t&cs state the following -
Each month you must pay at least the Minimum Payment shown on your statement.
The Minimum Payment will be the greater of:
(i) £5 or the full balance if less.
(ii) that month’s interest, any Default Charges, 1/12th of any annual fee (until the fee is paid) and 1% of the remaining balance (excluding any annual fee).
(iii) the excess over your Credit Limit after deducting any overdue amounts from previous statements.
Is this not in yours? And if not, as you sure that you haven't had a notice of variation to that effect?
They have almost certainly acted correctly.0 -
@Paul
Yes I did go over but equally I did not expect to be able to. Surely the clue is in the name in which they refer to it as a credit limit.
Paying it off has never been the problem, I'm in the position to clear the balance any day of the week which makes it more frustrating as it's not an affordability issue and I believe it to be a matter which should not be allowed to happen in consideration of the terms and conditions.
I appreciate I'm not blameless however if it was truly a 'credit limit' this situation would not have occurred and equally if they took the correct minimum payment amount from the overall balance it would also not have occurred. Either way I believe they have made a mistake alongside my own mistake of not monitoring my card correctly.0 -
@ZX81
I suppose It's fair to say it's my responsibility to stay under the credit limit but if it's an agreed credit limit I shouldn't have the ability to go over it. If I did have that ability, surely it's reasonable to expect to be informed of this either verbally or via terms and conditions?
The terms you stated are not on my contract. Mines specifically state 2.25% of the balance or £5, whichever is greater as the minimum payment. Absolutely no mention of going over the credit limit or what would happen in these circumstances. I do not know what a notice of variation is but I do not believe I've had this either.
With this in mind and that these terms and conditions do not match those posted by you I do believe they have acted incorrectly.
Thanks0 -
Think about what a "limit" is, there is a speed limit, a drink drive limit, you can go over them, nothing will stop you.
Banks assume you can control your finances, if you cannot, you should take out a prepay card.
Pay it off and move bank. Why do you not use charge cards instead? IM sure they offer lots of protection also.0 -
A notice of variation is a change to your terms and conditions. It would have been advised to you via letter or statement message/insert.
Most people don't read them.0 -
@Paul
You know I thought of using the exact same example until I considered it further. A car manufacturer cannot control the speed limits of the road. A person drinking cannot control the drink drive limit.
A bank CAN control how much it allows you to use. With that in mind the comparisons are not the same as the bank controls all variables. A car manufacturer can control the top speed of it's cars but not the speed limit. A drinker can control how much they drink but not the drink drive limit.
A bank CAN control your spending limit and your abilty to spend.
Limit -
The point, edge, or line beyond which something cannot or may not proceed. A confining or restricting object, agent, or influence. The greatest or least amount, number, or extent allowed or possible.0 -
Please, its not the banks job to wrap you in cotton wall, despite what the nanny state says.
They should lend responsibility, and they did.
Im sorry to be harsh, but the bank are not at fault.
Edit: did you set up text alerts?0 -
@ZX81
Therefore it would be reasonable to suggest it may not have been received/sent.
If the bank cannot prove their position then surely they would consider the possibility of an error having taken place rather than making various assumptions.0 -
This discussion has been closed.
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