probs with Post Office CC

Hoof-Hearted_2

Hi all MSEers, 1st post, so be careful with me!

I'm having some serious problems with Post Office credit card, which has now resulted in a debt collection agency and my card being cancelled! :mad:

Brief history:

August-ish 2010, PO CC claimed I had missed a payment, dispite me paying by cheque at a Post Office. Phoned to discuss, they agreed my a/c had been run exemplary, paying in full every month. They agreed to cancel the late payment fee, along with interest. But they subsequently failed to do so!

I asked them about paying by Direct Debit, discussing payment options. They sent me the form, and I duly filled it in, selecting minimum payment only (as I do like to have some control over my own bank account), but that if I continued to pay in full each month before the due date, then no additional DD payment would be claimed.

The next couple of months I payed by cheque and all was fine.

Unfortunately, I sustained a very serious spinal injury in a cycling accident just before Xmas. This meant I was grossly incapacitated (due to both the actual injury, and the sedation of the medication), and no longer used the card - nor made any 'cheque' payments, relying on the DD to kick in.

However, as I've recently gained more alertness (meds reducing) - I've discovered that PO CC have NEVER taken any DD payments. Theyve added some default charges, along with interest. They also canselled the card, and have referred to a debt collection agency.

My wife was managing my affairs whilst I was in 'cuckoo-land', and she managed my two other credit cards just fine. But the PO CC people NEVER made any contact by fone (my wife) had charge of my mobile whilst I was incapable. Furthermore, the PO CC never sent anything by FIRST CLASS mail - all was sent 2nd class in 'plain' envelopes (other credit cards have their logos on envelopes such as MBNA). Wifey used to work for a law firm, and knows that 2nd class post is NOT legally counted as 'service' (it has to be a minimum of 1st class, or Recorded/Special Delivery) - and so basically ignored all 2nd class and other similar 'junk mail' looking stuff whilst she was trying to care for me and hold down a job.



So basically - how do I approach this with PO CC? From what I see, the PO CC have failed on a number of areas:

1. Not processing my checque payment August last year
2. Not refunding late payment fees and interest from August issue (which THEY agreed to)
3. Not processing my subsequent Direct Derbits
4. Failed to 'serve' time-sensative documents (ie monthly statments)

Honest opinions and pointers ofg healp really apppreciated - thanks again all MSEers :beer:

[Deleted User]

There isn't anything wrong with second class mail - or indeed mailsort or any other business service.

You seem to have a case for the first three points, but not opening post because it's sent second class won't fly, I'm afraid.

Hoof-Hearted_2

Thanks for taking the time ot answer . . .

Deleted_User wrote: »

There isn't anything wrong with second class mail - or indeed mailsort or any other business service.

I never said there was anything 'wrong' with 2nd class post - I generally use it myself for non-critiacal or non-urgnet items . . . however . . .

Deleted_User wrote: »

but not opening post because it's sent second class won't fly, I'm afraid.

OK, I accept that 'not opening' 2nd class was probably not ideal. But, and it is a big BUT - the civil (and I also gather criminal) Courts have a very long established precident - ONLY 1st class post (be it by postage stamp or franking machine) when using Royl Mail is acceptable for 'service'. Wifeys solicitor explains that Courts will simply not accept any 'disputed' issues, especially when time limited 'documents' (including things like credit card statements) have been sent by 2nd class, or indeed any other 'undated' mailing service. Sure, most CC companies routinely use 'non-1st class' mail servies (such as Mailsort, UKmail, TNTpost, DHLmail, etc) - BUT, when things like missed payments, or letters threatening default action, or letters like 'you must take action within 7 days' (which I now have two of!!!!) - the Corts will NOT accept them.

So . . . my concern is NOT the fact they used 2nd clas mail for 'routine statements' . . . the crux of this particular point is that they sent out 7 day letters by 2nd class post (wich incendally were not franked nor post marked) - without a cat in hells cahnce of me complying with said deadline (even if I were fully functioning, and not doped up with meds)!

Deleted_User wrote: »

You seem to have a case for the first three points,

Thanks, I was presuming the same. But I'm concerned that Due to the previous events of 'non-action' - are PO CC endemic in their 'poor quality' customer service - or did I just happen to be unlucky with the original problem, which then snowballed?

[Deleted User]

I'm not convinced on the legal aspect. For example, notices of variation are sent out 2nd class and lower, and have always been accepted as sufficient notification. But you may be right on the more time sensitive letters.

It does sound as if the problem's snowballed, from the original failure to reverse the fee, and the subsequent DD set up. However, I think you will be relying on an element of goodwill, as you should have kept up manual payments until the DD was in place - accepting you have valid reasons for why you weren't in a position to do so. They will also challenge why the post wasn't opened and read.

I would guess that your best outcome might be a compromise of a reduction of the fees and a settlement figure - this may need to be with the debt collection agency if the PO have unburdened themselves of the debt.

The more problematic issue is your credit report. Have you looked to see what state it is in?

bengal-stripe

Hoof-Hearted wrote: »

August-ish 2010, PO CC claimed I had missed a payment, dispite me paying by cheque at a Post Office. Phoned to discuss, they agreed my a/c had been run exemplary, paying in full every month. They agreed to cancel the late payment fee, along with interest. But they subsequently failed to do so!

Not processing my checque payment August last year

Not refunding late payment fees and interest from August issue (which THEY agreed to)

Sorry, I can't work it out. Did you or did you not actually pay in August.

You handed in a cheque at the PO. Was that sum in question actually cashed (taken off your bank account)? If the cheque got lost (for whatever reason) and was not presented at your bank, then you have not paid. The cheque itself is not payment, only the money taken out of your account is the payment.

So you phoned up, the bank said they had not received the payment. Did you send another cheque? Did you pay the sum in question in another way? If the bank agreed to drop the late payment charge, presuming they would received the money quickly and they did not, then the charge stands
.
Did the payment for August leave your bank account and shows up on your statement, or did it not?

PNPSUKNET

doesnt money claim online issue via second class post?

ryantcb

I cant offer you any advice just say that I had similar experiences. I had £3100 limit and I used the card multiple times and always paid balance in full usually £2-3000.
I then went on holiday and lost my cash and had to use the CC fine until I got home and had to start paying it back. Very very expensive but I expected that as i was getting cash out abroad. As the amount was so much I couldn't as I had before pay the balance in full and just sent £200 every 4 weeks (my pay period) then the blance in full just 3 months later. Anyway I assumed all settled and nothing more of it. Then one day I try to use card and embarrassingly it was refused. I called PO and they said it had been cancelled. Reason my account was in default turned out because I was paying every 4 weeks I missed a payment. See the payment was due from may 2nd to may 15th and I paid 1st may and then 4 weeks later 29th may so technically I paid twice in may but neither counted towards my payment for that period. sure it came off my bill but it didnt count. I said why didnt you contact me and they said they tried. I said how cos I got no letter or phone calls. The agent checked the log and came back and said 2 calls where made last month and but were unanswered. I said then why not leave a voicemail? reply was we dont have to. End of it all I ended up owing £6000 for a usage of £2900. I paid it all and they still cancelled the card and it took me 4 years to get a fair credit rating. They really do suck eggs when it comes to helping.