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Missed Payment - daily calls from Santander

Hi,

I have read some really good advice on here in the past, but can't find what I'm looking for today.

A work colleague has a Santander credit card. It's well managed, with no problems for six years, until last week, when they called him at home to say that he had missed a payment. He recalls writing his cheque and leaving it our to be posted, but can't remember putting a stamp on, so fully accepts that there is a chance his payment has been missed due to this.

The first call advised him that there would be a late payment charge. He was fine with that and advised them he would send a cheque to cover it.

They have now started calling him at work, and have told him they will call him every day until they receive payment. I am sure I have read here that this constitutes harassment and is not allowed. Could anyone point me in the right direction?

(Only goal here is to have the grounds to object to their behaviour. There's no question about him not paying the charge, and he's able to stand up for himself and tell them where to stick their account if necessary, but we both really object to the way they're handling this for one oversight, and also how this would affect someone less able to cope with it)

thanks
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Comments

  • System
    System Posts: 178,491
    10,000 Posts Photogenic Name Dropper
    Community Admin
    rather than sending a cheque why not pay by card over the phone then they would have no reason to call.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • bengal-stripe
    bengal-stripe Posts: 3,359
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    ....until last week, when they called him at home to say that he had missed a payment.
    .....but we both really object to the way they're handling this for one oversight,

    So, your friend knows for a whole week he hasn't paid.......and he still hasn't paid yet. Obviously, there must be reasons he drags his feet and the continuing 'one oversight' is accidentally-on-purpose.
    He was fine with that and advised them he would send a cheque to cover it.

    Well the first cheque he forgot to post, the next one he can forget to sign.
    Does your friend really wants to shoot his credit rating to smithereens? :eek:

    Cheques are soooo 1980s!
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    they are in their right allowed to chase everyday, however as above send a online payment be no probs. Whats he going todo when chqs no longer are about
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 8 October 2010 at 12:51AM
    From what I remember, it CAN constitute harassment, but doesn't necessarily. Firms do have a right to pursue their legitimate interests. I did some legal analysis in:

    http://forums.moneysavingexpert.com/showpost.php?p=24715443&postcount=17

    Possibly something in the Lending Code too. Hopefully they will stop as they will get the cheque anyway. If it's not resolved in a couple of days I'll pick up the thread again.

    As for all the remarks about paying by cheque - I just don't get this. Santander accept payment by cheque - the OP's colleague wishes to pay by cheque - so no problem there!
  • Thank you Chattychappy, that's great information. Looks like they're still on the 'reasonable' side, but at least I know.

    It will be resolved within a couple of days when they receive the cheque.

    Personally I would pay it by card, but as you say, they accept cheque and he wants to pay by cheque, so shouldn't be a problem. Just as personally I don't have any credit cards in my possession which aren't at least set up to DD the minimum payment. But he doesn't like too many DDs.

    Thank you
  • hansi
    hansi Posts: 3,001
    Part of the Furniture 1,000 Posts
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    Hi,

    I have read some really good advice on here in the past, but can't find what I'm looking for today.

    A work colleague has a Santander credit card. It's well managed, with no problems for six years, until last week, when they called him at home to say that he had missed a payment. He recalls writing his cheque and leaving it our to be posted, but can't remember putting a stamp on, so fully accepts that there is a chance his payment has been missed due to this.

    The first call advised him that there would be a late payment charge. He was fine with that and advised them he would send a cheque to cover it.

    They have now started calling him at work, and have told him they will call him every day until they receive payment. I am sure I have read here that this constitutes harassment and is not allowed. Could anyone point me in the right direction?

    (Only goal here is to have the grounds to object to their behaviour. There's no question about him not paying the charge, and he's able to stand up for himself and tell them where to stick their account if necessary, but we both really object to the way they're handling this for one oversight, and also how this would affect someone less able to cope with it)

    thanks

    Apologies if I sound a little sarcastic, but when I saw your post, I thought "Oh dear, Santander again". but maybe it's not totally their falt. Why, oh why, don't people set up a DD to repay the minimum or full payment. It completely take the onus and responsibility off you for regular payment!
  • bengal-stripe
    bengal-stripe Posts: 3,359
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    ........they accept cheque and he wants to pay by cheque, so shouldn't be a problem.

    I'll take it........he wants to pay by cheque, but not just yet!

    First class mail arrives (usually) the next day.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 8 October 2010 at 8:42AM
    hansi wrote: »
    ]Why, oh why, don't people set up a DD to repay the minimum or full payment. It completely take the onus and responsibility off you for regular payment!

    Here we go again... the great DD panacea. Seems to be the stock answer for a variety of problems. And yet there are plenty of threads of people who get into trouble with them.
  • hansi
    hansi Posts: 3,001
    Part of the Furniture 1,000 Posts
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    Why would they get into trouble with DD's. If a mistake is made, the bank has to put it right.Simples! I have used DD's for years, not a single problem.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    hansi wrote: »
    Why would they get into trouble with DD's. If a mistake is made, the bank has to put it right.Simples! I have used DD's for years, not a single problem.
    (emphasis added)

    If a mistake is made by the bank and it's accepted as such...

    I agree, why would people get into trouble with DDs? 25 years of credit cards here. Not a single DD signed and not single problem. Simples!

    My point is, without DDs people can forget, make other mistakes, and they are on the hook.

    With DDs, people still make mistakes - and end up on the hook.

    Either way "people get it wrong" and mess up.
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