What can I do when RBS refuse to remove a late payment from credit profile?

JuicyJesus

chattychappy wrote: »

That's the issue, isn't it? The T+Cs the OP has in front of him ARE different...

So he says.

meer53

JuicyJesus wrote: »

So he says.

They probably are different. They won't be the most recent ones. I've had credit cards for years, as far back as i can remember, they've always taken the amount that you're over by. I think the OP has just missed that bit !

chattychappy

JuicyJesus wrote: »

So he says.

meer53 wrote: »

They probably are different. They won't be the most recent ones. I've had credit cards for years, as far back as i can remember, they've always taken the amount that you're over by. I think the OP has just missed that bit !

Yeah.. "so he says". He "probably" missed it.

So what? He phoned up to complain and they seem incapable of sending him or referring him to the T+Cs that they claim to rely on. His say something different. And they say they've issued a final response.

Yep, the OP could be lying. Lazy. Incompetent. A troll. It seems that that interpretation would make it easier for some of the posters here.

YorkshireBoy

I think all (or certainly most) providers' T&Cs say something along the lines of "you must immediately pay any amount you are over your limit by".

However, due to the direct debit guarantee, I don't believe they're entitled to collect said overlimit amount without first giving 10 days notice, the mechanism for this being the monthly statement.

So I think we'll find (or maybe we wont!) that the amount was in fact duly notified on the statement and the OP just didn't read it.

RBS_Sucks

JuicyJesus wrote: »

So he says.

I requested the original copy and original terms and conditions which were sent to me and I read this word for word several times over. I can indeed confirm it does not mention the over limit amount and when I questioned this with RBS they had no response other than saying there final response was that they could not assist here. I'd have no reason to hold terms and conditions which do mention the over limit amount and then proceed to spend hours resolving the matter between phoning, further research, forum posting and submission to the Ombudsman. I may have been silly enough to not monitor my payment amounts but to do the above would surely be a step too far.

RBS_Sucks

YorkshireBoy wrote: »

I think all (or certainly most) providers' T&Cs say something along the lines of "you must immediately pay any amount you are over your limit by".

However, due to the direct debit guarantee, I don't believe they're entitled to collect said overlimit amount without first giving 10 days notice, the mechanism for this being the monthly statement.

So I think we'll find (or maybe we wont!) that the amount was in fact duly notified on the statement and the OP just didn't read it.

In consideration of it's importance I truly expected to find something in relation to the over limit amount however it does not exist in the terms and conditions shown on my contract and when I addressed this specific point to the RBS telephone advisor they could not make any reference to it or provide me with any answers. Both aspects confirm that it is indeed not there and considering it's relevance I believe it should be.

I equally agree regarding the monthly statement however I do not receive these via post any longer and they advised that I should be logging in to check these. That may be so but the fact is I didn't log in and should it have been clear it was ever possible to exceed my limit this matter simply would not have occurred and we would not need to discuss what happens in the situation of exceeding limits. This is surely an important piece of information which I believe should be communicated clearly and I believe I was affected negatively by information which was not known to me which was important information to know.

RBS_Sucks

msallen wrote: »

You mean you didn't read your statement issued weeks beforehand?

I guess you mean the statement which is available only from logging into my account. Well the honest answer is no I didn't as I do not log into my account regularly enough unless I have specific reason to do so. I guess we could spend lots of time logging into all our accounts constantly. I couldn't tell you the last time I logged into my electricity account, my gas account or even my sky account but I rely on all the direct debits set up with them to fall in line with the contracts I've agreed regardless if I log in and check them monthly, or every 7-10 days as might be suggested here.

I think the fundamentals have been lost in conversation here.

YorkshireBoy

YorkshireBoy wrote: »

So I think we'll find (or maybe we wont!) that the amount was in fact duly notified on the statement and the OP just didn't read it.

RBS_Sucks wrote:

I equally agree regarding the monthly statement however I do not receive these via post any longer and they advised that I should be logging in to check these. That may be so but the fact is I didn't log in

Case closed, and surely one of the easiest cases the Ombudsman will deal with this year!

RBS_Sucks

YorkshireBoy wrote: »

Case closed, and surely one of the easiest cases the Ombudsman will deal with this year!

I hope you're not a detective or involved in any form of investigative work as several key points have clearly been missed even though these have made made crystal clear by myself and other posters.

1. The terms and conditions do not mention the fact it's possible to go over the limit agreed. HIGHLY RELEVANT

2. There is no mention of how the amount over the limit would be taken back other than the mention that 2.25% of the balance would be taken (or £5, whichever is greater). This would indicate the amount to be taken should be 2.25% and not the amount over the limit plus 2.25%.
HIGHLY RELEVANT

These are 2 aspects above which make major relevance to the situation and as RBS advisors could not provide an answer to the above even in having a copy of the exact terms and conditions in front of them in the end up it would appear standard procedure is to reject a resolution of such matters regardless of the facts.

jonesMUFCforever

The sticking point for you is that you confirm that you did not log into your online statement and check what the minimum repayment would be.
If you had you could have made provision for the direct debit but you didn't.
The result is a late payment marker - as this is factually correct should not be removed.