Goldfish Charges For Their Mistake - Can I Reclaim?

Shawe_Deal

Please can you help me?
1. I signed up for a 0% with Goldfish and set up the direct debit at the same time to ensure that no costs would be incurred.
2. Couple of weeks later I did the balance transfer (this took another couple of weeks to go through).
3. The direct debit missed as Goldfish did not set up DD until after the balance transfer had gone through, although details and authority of DD given to Goldfish a month earlier.
4. First statement arrived and I assumed that DD would pay minimum payment.
5. Second statement arrived and showed a surprise charge of £12 for late payment fee.
6. Phoned them and they said that DD had missed their deadline as I should not have assumed they would set up DD in time, even though they had details and authority for well over a month before balance transfer took place.
7. I argued with them, but as going away I paid the late payment and minimum balance, being assured that the DD was now in place for future. No mention was made that my 0% deal was now revoked.
8. On return home I have found that Goldfish have charged me interest on the balance as they state that as I had not paid minimum balance by due date it invalidated the 0% deal.
9. I have now been charged £400 interest because of error in not getting the DD set up in time.
10. I have cleared the balance on this cc, however, feel very angry that I have had to pay £400 as a result of their mistake and slowness.
Is this something I can reclaim from them? Are they a Scottish Co and therefore can not be pursued through small claims court? Any help and advice would be appreciated - thank you.

YorkshireBoy

Shawe_Deal wrote: »

4. First statement arrived and I assumed that DD would pay minimum payment.

Therein lies your problem. You "assumed" the direct debit was set up/would be claimed.

The direct debit instruction (DDI) confirmation letter would have said to check your statement for the following message...

"your minimum payment will be collected by direct debit from your nominated account on xx/xx/xx"

...and until you see this message you should pay by alternative means.

I don't think you've a leg to stand on, and certainly not one that would stand up in court!

Shawe_Deal

That's what we were wondering and feeling a bit sick about it too!

The only thing is that when I went back and paid the late payment fee and minimum balance - nothing was said about it revoking the 0% deal. The only problem they discussed was the late payment and the lateness of setting up the DD not how it would have affected the 0% deal. At the time I said that I didn't want the costs to escalate and that the whole idea of opening this account was to capitalise on the 0% interest. This does not properly get over the feel of the conversation I had, as I believe that the discussion left them ample opportunity to inform me of the ongoing effect of this late payment on the 0%. The small print is very ambiguous, the 0% deal would be revoked at their discretion. The implication of the small print refers to persistent late payment offenders being penalised and not one off offenders. As soon as I phoned them and complained that I had been charged interest they put me back on a 0%, but will not refund the interest charged in the meantime.

CLAPTON

Im afraid that your best bet is to speak to them again and try to get them to change their mind but due to the time lapse now that seems unlikely.

I very much doubt you have any case in law or with the Ombudsman service either.

This sort of issue comes up here quite regularly.

The lessons to be learnt are that if you want to 'profit' from these type of offers you need to read the T&Cs very very carefully and make sure you follow them to the letter. Also if you read these bulletin boards regularly and other related financial sites you will find many of these issues are discussed regularly which will help you avoid these pitfalls in future.