Where do i stand with blatant breach of conditions

baldmonkey

Hi everyone
i rang barclaycard yesterday as i found out my direct debit had failed on the previous payment, When i rang them they told me the direct debit was claimed on the 30th April when the payment was only due on the 4th May.

after telling the lady that that was the problem and they had tried to take the payment too early she soon removed the late payment charges.

What i found interesting is that my credit card statment clearly said " Your next payment is due by the 29th May, your direct debit will be taken on or later than 29th May"

But the lady continued to tell me it will be taken on the 24th may!!!!!!!

Is this a breach of there own t&c's or anything, and is there anything i can do?

thanks

malcolmffc

Nothing wrong with this at all. The DD payment is always taken a few days early to allow time for it to reach Barclaycars and be credited from your account.

baldmonkey

Hi malcolm and thanks for the reply, if that is the case then how can they send a statement clearly stating in black and white that the payment will be taken ON OR LATER than a date, then taken earlier than the stated date?

surely im only obligated by law to make sure the money is available as of 00.01 on the date stated?

opinions4u

If the statement is misleading in when the direct debit will be collected then any complaint you make should be upheld. If not by Barclays then certainly by the FOS should it get that far.

But due date can be different to direct debit collection date. Although it isn't unreasonable to expect the statement to accurately differentiate this.

Cell

My Cahoot statement says payment will be collected on or around 29th, but the DD invariably goes out on 28th.

redpete

Cell wrote: »

My Cahoot statement says payment will be collected on or around 29th, but the DD invariably goes out on 28th.

That's OK because 28th is certainly "around" the 29th. My Tesco statement says the "nominated bank account will be debited with the minimum payment of £nn.nn on 11th May 2012 or soon after"; I would complain if the debit was made before 11th (the payment due date).

baldmonkey

so does anyone know where i stand with regards to this happening everytime they take a payment and is there anything i can do, thanks in advance

opinions4u

baldmonkey wrote: »

so does anyone know where i stand with regards to this happening everytime they take a payment and is there anything i can do, thanks in advance

Follow their complaints procedure.

http://www.barclaycard.co.uk/personal-home/customer-service/complaints/index.html

mynameistallulah

baldmonkey wrote: »

so does anyone know where i stand with regards to this happening everytime they take a payment and is there anything i can do, thanks in advance

Novel idea - change the payment date.

YorkshireBoy

baldmonkey wrote: »

so does anyone know where i stand with regards to this happening everytime they take a payment

Some providers (not sure if Barclaycard are one?) have a different DD collection date depending on whether you have a minimum or full payment DD set up. Maybe your T&Cs would help ascertain if this is the case?

and is there anything i can do

If you're sure you haven't missed anything in your T&Cs then follow opinions4u's advice above.

pqrdef

baldmonkey wrote: »

surely im only obligated by law to make sure the money is available as of 00.01 on the date stated?

DDs are not instantaneous, they're a multi-stage process. If a payment is due on a certain date, the payee will put the request in on the previous banking day.

The bank will then have a think about whether it's going to meet the request. If you don't have enough funds at close of business on the previous banking day, you run the risk of the payment being declined (though various banks may have various ways of cutting you some slack).

As usual, a banking night can stretch over a weekend and a couple of Bank Holidays. May 28th is a Bank Holiday, so a payment due on Tuesday May 29th should be requested on Friday 25th.

Claiming a payment earlier than the banking day before the due date is very problematic. In principle, you could let the DD fail and then pay before the due date by other means, but if you don't know that a DD has been attempted and failed, you've got no way of knowing that action is needed.