What can I do when RBS refuse to remove a late payment from credit profile?
Options
Comments
-
What a lot of fuss over a simple cock-up. I'd be embarrassed to admit I was out in my mental sums by multiples of thousands of pounds.0
-
I'm also surprised the OP doesn't have more up to date T&Cs... He asked for the original ones on the phone, and this is what he seems to have been sent. I think this may be the cause of the confusion.
OP - you should have asked for the most recent T&Cs, as I quite frequently get letters which override the previous terms of my cards and tell me what to do if I don't accept the changes. Is it possible you've had such a letter and dismissed it (I dismiss them - I couldn't tell you which cards I've had them for, I just skim, make sure nothing important to me has changed then throw them away).
The point the OP makes about the terms not saying it is possible to go over the credit limit I find hard to believe too - all the quoted T&Cs (and all those of the cards I have to hand) mention the charge that will be applied if the balance goes over the credit limit. If you can't go over it, there's no need to mention this charge.
Also be careful that the T&Cs do not say that you should be checking statements, I know some do. If they do, then you are also in breach and the time to question the payment being taken was between the statement and payment dates, which the OP has failed to do.
I also can't understand why payment wasn't made immediately when the DD bounced, if this had happened you probably would have paid before any marker was registered and saved the whole issue.0 -
Several people have been able to find the T & C's which show the overlimit amount will be taken along with the minimum. I really can't see why you're still questioning this.
Indeed several have. But until now, RBS have been unable to provide the OP with a copy of the T+Cs that they say apply to his account, despite his request. Why is it so difficult for them to do this? Meanwhile the version he has shows something different from what they claim and they won't respond any further.
On that basis, the OP has a legitimate complaint. Indeed it might be settled very swiftly if RBS send him the T+Cs and a note to the effect when and how they were re-issued.As for not knowing you were over your limit, this is not RBS fault, it's yours.
I agree with that. But I think lambasting the OP further is not helpful, because it's not relevant to the main issue.0 -
RBS do a credit limit alert that lets you know when you're reaching your limit.0
-
If you have asked RBS for a copy of the original T and C's, then they don't necessarily prove that RBS is in the wrong by trying to take the overlimit amount. They have done as you asked in providing the original terms. You should be asking for the current terms that apply to your product and proof that they notified you of the variation(s), specifically looking for the addition of the clause that they could take the overlimit amount plus 2.25% when they provide this.
You should be logging into your statement. The time between the statement and DD date gives you time to dispute anything on the statement (in your case you could have disputed the £2000 at this point and found out the position before the DD attempt was made.) If you don't check your statement, there could be fraudulent transactions on it that you are paying for (as cardholders have a limited time to raise any disputes.)
The terms should mention an overlimit fee, which although they may not talk explicitly of you being able to exceed your limit; implies that you can.
The FOS will decide what they think is reasonable given the evidence and they may decide for RBS as there are quite a few errors/oversights on your part. You were always going to exceed the limit if only paying the minimum each month and continuing to spend on the card. If RBS had stopped you at your limit and blocked transactions, you'd still have been charged fees for these.
Have you since paid the amount? Your credit file is only going go get worse if you withhold payment while going to the ombudsman. You could pay and have it put onto record that you dispute the amount. If you don't pay, RBS may go to their 'setting off' terms and take the amount from another account you have with them that meets the criteria.0 -
chattychappy wrote: »In my (real) experience, this is also all that a court would be interested in. Hopefully the FOS would have a similar attitude, rather than the emotional approach below:
With the greatest respect, and I mean that as I consider you a valued contributor to this part of the forum, my "emotional approach" was clearly contextualised by the preceding paragraph which you didn't quote.
I do accept that it's more than possible that the T&Cs of a business credit card may not reflect those for a personal credit card. But when a fee tariff (which is an accepted extension of T&Cs) quotes an over limit fee it's going to be difficult in the extreme to convince anybody that the OP wasn't aware that it was possible to go over a credit limit.0 -
PeacefulWaters wrote: »With the greatest respect, and I mean that as I consider you a valued contributor to this part of the forum, my "emotional approach" was clearly contextualised by the preceding paragraph which you didn't quote.
Didn't mean to quote you out of context (have edited the post to insert the para concerned). Just I think the context you referred to (ie the stuff about not going above the limit and the OP's "negligence") would not be relevant to the facts on which a court would have to make a decision. But it wouldn't help though! I'll give you that...0 -
Several people have been able to find the T & C's which show the overlimit amount will be taken along with the minimum. I really can't see why you're still questioning this.
As for not knowing you were over your limit, this is not RBS fault, it's yours. If you kept check on what you were spending you wouldn't be in this situation. It's quite simple. Arguing the toss on here isn't going to change anything.
I believe the part you're overlooking is that people are doing Google searches and coming up with various links to terms and conditions which are not necessarily applicable.
What is applicable is the exact terms and conditions provided to me by the bank as a copy of the terms and conditions which apply to me as an agreement between me and the bank. There are far too many products and variances in products to assume that people are posting relevant terms and conditions to the product and variation of product I have with the bank.
To avoid absolutely any confusion with the various terms and conditions posted online by RBS or third party websites I specifically requested a copy of my terms and conditions which shows my agreement. This is the only relevant terms and conditions in my opinion and I can't see why any reasonable person would view any differently.0 -
If you have asked RBS for a copy of the original T and C's, then they don't necessarily prove that RBS is in the wrong by trying to take the overlimit amount. They have done as you asked in providing the original terms. You should be asking for the current terms that apply to your product and proof that they notified you of the variation(s), specifically looking for the addition of the clause that they could take the overlimit amount plus 2.25% when they provide this.
You should be logging into your statement. The time between the statement and DD date gives you time to dispute anything on the statement (in your case you could have disputed the £2000 at this point and found out the position before the DD attempt was made.) If you don't check your statement, there could be fraudulent transactions on it that you are paying for (as cardholders have a limited time to raise any disputes.)
The terms should mention an overlimit fee, which although they may not talk explicitly of you being able to exceed your limit; implies that you can.
The FOS will decide what they think is reasonable given the evidence and they may decide for RBS as there are quite a few errors/oversights on your part. You were always going to exceed the limit if only paying the minimum each month and continuing to spend on the card. If RBS had stopped you at your limit and blocked transactions, you'd still have been charged fees for these.
Have you since paid the amount? Your credit file is only going go get worse if you withhold payment while going to the ombudsman. You could pay and have it put onto record that you dispute the amount. If you don't pay, RBS may go to their 'setting off' terms and take the amount from another account you have with them that meets the criteria.
Thank you for your post Kim.
I did ask for both the original terms and current terms however unfortunately they only provided the original terms. I agree this could be updated however I believe it to be reasonable for any update on an agreement to also obtain consent and certainly at least proof the update was not only communicated but acknowledged which has not been the case.
I appreciate your comments on checking transactions however we use third party software which pulls transactions from the account and allows the transactions to be checked without the need to log into the account and this allows our bookkeeping/accounts to be completed regularly without any issues or for any unexplained transactions to be acknowledged.
In regards to the overlimit fee, I appreciate the mention of this may 'imply' the ability to exceed the limit however I feel a massive organisation such as RBS should do far more than imply within contracts and make this crystal clear to avoid any confusion. Equally you could state there are further variations of products provided by the bank such as an overdraft facility on a credit card which acts as a buffer should additional finance be required. Of course this is me just 'implying' that the terminology could mean something else therefore in the interests of being clear I believe RBS could specifically state that although a credit limit is in place, it is possible to exceed that credit limit in which the next payment would be the difference between the balance and the credit limit as well as the minimum payment amount. That to me would be crystal clear and I'm sure they could word it well enough to remain clear.
In relation to paying the minimum amount, this is only set as a direct debit to cover the worst case scenario. We actively pay bulk payments into the account separately however as the card is used for business purposes, transactions are often into the thousands for stock purchases meaning it can be very quick for us to reach the credit limit. We've found ourselves actually in credit with the credit card if we foresee future purchases which might exceed the credit limit set on the account as has been the case on a few occasions.
In regards to paying the amount since, we have indeed paid this and have actually cleared the full balance several times as well as building it back up for reasons mentioned above.0 -
But, as other people are alluding to, did you ask for the current Ts & Cs applying to your account (including any variations from the originals)?
If no, then you have to ask them for this. If yes, and you received current terms and conditions without any explicit mention of them having the ability to take the overlimit amount plus the standard interest, you would have a valid complaint IMHO.
However, to be frank, I would expect most people (particularly those in business) to know how bank accounts and credit cards work. The 'limit' in these cases is hardly every a hard cut-off. Can you honestly say that you've never heard of people going over their limit before?
Nonetheless, you may have a valid complaint on the DD point if you can obtain a copy of your current terms. The other arguments are masking the real issue on this thread. I don't think you'll get any further useful input here.
ETA: my post crossed with yours - you clearly state that you don't have the current Ts & Cs. PLEASE get these and then come back if there is still an issue. I suspect this will clear things up for you.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards