credit card misinformed me - now wants to charge me! Legal rights?

carolt

Hi

I'd really like some legal advice - about whether i'm liable for full interest on fully-paid off balance when given the wrong info on the phone by the credit card company 3 TIMES!!!

I have recently been trying to pay off all my credit cards from money in savings accounts to simplify my life and reduce money spent needlessly on credit ard interest. I had 6 cards to start with, total balances around 30K, and have been paying them all off. As I had been doing lots of balance transfers, using 0% interest deals etc which had run out etc I wanted to check whether there was any advantage to be gained by paying cards off by due date or whether this would not be the case - as I know that sometimes balance transfers attract interest even if you pay off the total balance by the due date (unlike purchases).

So I checked this on the phone in each case - no point putting myself out to pay by a certain date if it makes no difference. Most credit card companies said I wouldn't save anything so I paid them off accordingly. But Barclaycard told me on 3 SEPARATE OCCASIONS!!!! that I would pay no interest if I paid it off in full before the due date, even though almost the whole balance was made up of balance transfers. So, at great inconvenience, as the amount was around 7K, I paid it off using my and my husband's overdrafts and so incurring heavy costs (as the savings account I needed to access was going to take about 2 weeks to do so - but I wanted to follow Barclaycard's advice to avoid interest and pay it off by the due date).

Finally, despite checking and being told the same info 2 minutes earlier for the 3rd time, the girl on the phone from Barclaycard changed her mind immediately after I'd made the payment and it could not be recalled and said "Oh, sorry, I gave you the wrong information - that doesn't apply to balance transfers". But despite her apology - after the event - I am now going to be about £30 out of pocket compared to what Barclaycard told me I would be.

A Team Leader I spoke to offered £10 of the £30 back - but their repeated error will cost me a lot more than that in bank charges and inconvenience. His argument was that it was my fault - it was in the small print on my Credit card conditions (I took the card out about 17 years ago!) and so I should have known and am liable to pay the interest.

Does the fact that I was repeatedly given the wrong information on the phone within the last few weeks not override some small print I signed up to years ago? I'd like to take them to court for my fees back - I don't really care less whether they close the account down as I don't want it anyway given their (lack of) customer service. Does anyone know what my legal rights are in this situation?

Many thanks! Sorry it's so long - I'm still fuming after my less than helpful chat to the customer service rep. Some customer service.

mintymoneysaver

Sorry Ican't help , but I don't understand.Surely if you clear a balance by a due date that is the end of it, how can there be any more to pay?

Chadsman

IMHO they are on very dodgy ground. If they have told you one thing but then try to claim something else you are entitled to claim you thought you were being offered a variation of T&Cs.
I would phone them up and ask for the address of their complaints department saying you want to put a complaint in writing if they are not prepared to refund the charges (I would also ask for compensation of an amount commensurate with the penalty charges they levy for the inconvenience you have been caused... but some might say that is unethical )
If they still refuse to waive the charges say you want to take your case to the ombudsman and they will probably cave in. If not write to the ombudsman and he will more than likely tell B'card to cough up.
Then sit back and enjoy the smug feeling of having got one over a big multinational
Best of luck
:beer:

carolt

Thanks for replies. Who is the ombudsman and how do I contact them? Or should I just use one of the letters to do with bank penalty charges elsewhere on the site to threaten court action/take them to court?

Any advice?

galileo

I agree. You must get heavy with them and give them an ultimatum - unless they resolve matters to your satisfaction, you will take the matter up with the Financial Services Ombudsman (do a google search to find website).

In the first instance, you must set out in full what has happened in writing to their complaints department, and tell them why you think you are entitled to what you are claiming. you must also give them a deadline within which to respond (I believe they have up to 8 weeks to give you a substantive response, but check this with the ombudsman). You can contact the ombudsman for an informal chat anyway, and they are very helpful. If you explain your situation to them they can advise you, but in any event, the rules state that you must first exhaust barclaycard's complaints procedure before you can take matters up with ombudsman.

Best of luck.

sicker

Ask Barclaycard to listen to there recorded phone calls to prove that you had indeed been misinformed (3 times) and then ask them why you should not be repaid for your losses. Probably won't work but certainly worth the effort to try.

John