What can I do when RBS refuse to remove a late payment from credit profile?

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  • SLZ
    SLZ Posts: 233 Forumite
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    RBS_Sucks wrote: »
    They removed the charge but just wouldn't remove the missed payment. This would be the only one I've ever had so looks like you got a better deal than I dead. Not sure how that would fall under the 'treating customers fairly' guidelines but seems they chop and change their mind as they please from what I can gather.
    They removed the charge which they didn't have to do but they did as a goodwill gesture. How late were you actually? I was late by literally 5 hours to make a payment and I didn't realise until a couple of days later (incredibly stressful time) at which point I called to smooth things over.

    I think that if you weren't that late with the payment and you were polite, explained the situation, you'd be able to get the late payment marker removed.
  • RBS_Sucks
    RBS_Sucks Posts: 49 Forumite
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    SLZ wrote: »
    They removed the charge which they didn't have to do but they did as a goodwill gesture. How late were you actually? I was late by literally 5 hours to make a payment and I didn't realise until a couple of days later (incredibly stressful time) at which point I called to smooth things over.

    I think that if you weren't that late with the payment and you were polite, explained the situation, you'd be able to get the late payment marker removed.

    I'm not sure of the specific timescale. As well as the minimum payment set up each month as a direct debit I regularly make lump sum payments over and above this.

    I would say I'm intentionally polite especially in a matter like this as I realise how easy it is to get on the wrong side of someone who has some form of authority and becomes stubborn with it.
  • fifeken
    fifeken Posts: 2,702 Forumite
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    RBS_Sucks wrote: »
    If we start playing the game of "we sent it so you must have received it then we enter into an unruly set of circumstances".

    You keep saying this and posters keep telling you that you're wrong. Sometimes you just have to suck it up when your ignorance/lethargy/stubborness gets you in a situation not to your liking. I think this is one of those times.
  • eskbanker
    eskbanker Posts: 31,226 Forumite
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    fifeken wrote: »
    You keep saying this and posters keep telling you that you're wrong. Sometimes you just have to suck it up when your ignorance/lethargy/stubborness gets you in a situation not to your liking. I think this is one of those times.
    I asked OP a couple of days ago what their original Ts & Cs said about how subsequent variations would be handled but no response!

    If (as most expect) the variations clause says something to the effect of "we'll give you 30 days written notice of changes" then OP doesn't have a leg to stand on.

    If, on the other hand, OP has a set of Ts & Cs that say "in the event of us wishing to change any of these terms, we'll personally come to your door, enter into negotiations and mutually agree something that we'll both sign in blood before they take effect" then that would be a different story....
  • RBS_Sucks
    RBS_Sucks Posts: 49 Forumite
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    fifeken wrote: »
    You keep saying this and posters keep telling you that you're wrong. Sometimes you just have to suck it up when your ignorance/lethargy/stubborness gets you in a situation not to your liking. I think this is one of those times.

    You say I'm wrong but how can that be where only opinion is concerned? Until someone with significant/current experience in these matters from a professional perspective comments I believe all is opinion and nothing more. You're welcome to yours as I am mine.
  • RBS_Sucks
    RBS_Sucks Posts: 49 Forumite
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    eskbanker wrote: »
    I asked OP a couple of days ago what their original Ts & Cs said about how subsequent variations would be handled but no response!

    If (as most expect) the variations clause says something to the effect of "we'll give you 30 days written notice of changes" then OP doesn't have a leg to stand on.

    If, on the other hand, OP has a set of Ts & Cs that say "in the event of us wishing to change any of these terms, we'll personally come to your door, enter into negotiations and mutually agree something that we'll both sign in blood before they take effect" then that would be a different story....

    They do say sarcasm is the lowest form of wit. I see some meaning in that saying.
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
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    This ongoing discussion on the subject of terms and conditions is very interesting but looses sight of the original problem - that the OP claims the original terms and conditions of this card did not require full repayment of the difference between the statement balance and the credit limit when the credit limit has been exceeded.
    I do not believe that such a set of terms and conditions ever existed. I have held many credit cards over the course of many decades and have never encountered such a set of terms and conditions. In fact, for many valid reasons I do not believe that such a set of terms and conditions could exist.
  • molerat
    molerat Posts: 31,930 Forumite
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    edited 5 May 2016 at 8:28AM
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    What have the original T&Cs got to do with it. One of the conditions within the T&Cs is that they can vary them and, once informed of them, by continuing to use the card you accept the new T&Cs.

    Any overlimit amount has always been immediately due.

    The only argument here is if the op was informed of the change.
  • Stevie_Palimo
    Stevie_Palimo Posts: 3,306 Forumite
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    This will never go in the OP's favour and you simply have to suck it up as you made the mistake here by not monitoring your actual spending limits so cannot possibly expect the bank to bow to your every whim, Sometimes in life you need to realise what is worth fighting for and what is not, This my friend is a situation and battle you will not win 100%.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
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    molerat wrote: »
    What have the original T&Cs got to do with it. One of the conditions within the T&Cs is that they can vary them and, once informed of them, by continuing to use the card you accept the new T&Cs.

    Any overlimit amount has always been immediately due.

    The only argument here is if the op was informed of the change.

    Yep!

    The minimum payment is not normally immediately due, but the amount by which you go overlimit generally is. So it comes down to definitions and what has been authorised. If "minimum" is defined to include the overlimit amount and then it is probably authorised. If it doesn't, then it's only authorised if the instruction is to take the minimum plus any overlimit amount. Since the OP's T+Cs doesn't support either of these, it comes down to how (according to those T+Cs) the CC is entitled to vary T+Cs and whether they followed the correct procedure.

    Oh and by the way, for those that think the CCs do no wrong in this regard, people do push the wrong buttons on IT systems. I had some revised T+Cs from MBNA a while back with a covering letter saying that they were sent out late in error - they had been intended to apply several months earlier.

    RBS haven't handled this well by claiming that the T+Cs apply allowed them to take the overlimit amount and failing to supply of copy of those to the OP.
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