Help with an unfair late payment

absportland

GrumpyDil said:

What is your statement due date? I'm just wondering if the change of collection date meant you missed the statement due date and hence missed a payment during the statement period as the later paymemt could have fallen into the next statement period

I’ve just checked my account and it’s annual statements but there’s none to show as I’ve only had the loan since last June. I’ve never received any statements from Halifax so no idea! Would assume end of the month?

xlnc99

absportland said:

xlnc99 said:

Strange one this - almost unbelievable. 
So i assume this is a Halifax Credit Card/Loan that was being repaid by monthly direct debit?
There is no way they should mark this as a late repayment (as you said you always get a grace period, usually around 30 days but at least 14 days). Ive never in my life seen a company, be it mobile, bank loan, credit card mark a late payment until at least 14 days grace.

With loans, credit cards, mobiles, telecoms etc their grace period is usually the next statement date - whenever that is. Usually between 14-28 days after payment is made.

Finally the fact that you made payment on 28th and it did not go through, then they tried again on the 5th and it went through fine means 100% they should not give a late payment marker. This is normal for bounced DD's, they always try again a week or two after.

So this is all very confusing, i would defo make a complaint and be nice to them in the letter/email. Address the ceo too on email, that always help. It gets passed on a senior customer complaint team. Also try and fact check everything, evidence, time stamps, conversations etc.

Are you sure its not Halifax are the bank that gave you the late marker for being overdrawn or something as it doesnt make sense for them to give you a late marker if payment was made as you said.

Thanks for your reply. 

Yes it is a small loan I took out to buy a classic car! It’s paid every month in time, I switched jobs in September hence why I changed my direct debit date to the 2nd instead of the 28th. 

I’ve checked my Experian and the mark on my account is definitely Halifax, they’ve even admitted this. 

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Very odd, i cant see how for the life of me you got a late marker when describing everything you have said. I would be absolutely seething if i was in your position. Explain everything as you have in your e-mail/letter (i would write e-mails not letter as its a quicker reply) - also stress the urgency. Explain everything clearly on the letter.

I am  baffled you got a late marker, i genuinely think halifax was a mistake. Ive banked with halifax for years and a few years ago i had a late marker from them (justified) but it was only after 45 days grace period. Yes that is 45 days. Another time i was overdrawn (not arranged) for 24 days with halifax and got no late payment marker with them.

I hope it works out for you, i see no reason why it shouldnt. Very bizarre situation. 

xlnc99

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Yes it could quite possibbly be that they report at the end of the month to the credit agences.
However, that gives them very little time (2/3days). 

1 - If this was the case they should report on the next cycle, i.e the following the month for payments for the previous month - therein you got your 30 days grace period. That is how it worked out for me everytime i took a loan.
2 - 2/3 days also is not enough time for them to generate a new statement, ive never heard of a company not give at least 7-14 days before generating a statement 
3 - as mentioned before the fact that they tried again with their direct debit a week later should indicate that the gap of 7 days is at least their grace period. This is very common with companies.

Only thing i can explain is they have fixed day (end of the month) to report to the credit agencies for the current month and not the month previously. This is something ive never heard off a company doing.

p00hsticks

xlnc99 said:

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Yes it could quite possibbly be that they report at the end of the month to the credit agences.
However, that gives them very little time (2/3days). 

1 - If this was the case they should report on the next cycle, i.e the following the month for payments for the previous month - therein you got your 30 days grace period. That is how it worked out for me everytime i took a loan.
2 - 2/3 days also is not enough time for them to generate a new statement, ive never heard of a company not give at least 7-14 days before generating a statement 
3 - as mentioned before the fact that they tried again with their direct debit a week later should indicate that the gap of 7 days is at least their grace period. This is very common with companies.

Only thing i can explain is they have fixed day (end of the month) to report to the credit agencies for the current month and not the month previously. This is something ive never heard off a company doing.

If they report at the end of the month, won;t moving the DD payment date from one month to the following month (even though it's only a few days difference) effectively mean that there's a months payments missing ?

xlnc99

p00hsticks said:

xlnc99 said:

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Yes it could quite possibbly be that they report at the end of the month to the credit agences.
However, that gives them very little time (2/3days). 

1 - If this was the case they should report on the next cycle, i.e the following the month for payments for the previous month - therein you got your 30 days grace period. That is how it worked out for me everytime i took a loan.
2 - 2/3 days also is not enough time for them to generate a new statement, ive never heard of a company not give at least 7-14 days before generating a statement 
3 - as mentioned before the fact that they tried again with their direct debit a week later should indicate that the gap of 7 days is at least their grace period. This is very common with companies.

Only thing i can explain is they have fixed day (end of the month) to report to the credit agencies for the current month and not the month previously. This is something ive never heard off a company doing.

If they report at the end of the month, won;t moving the DD payment date from one month to the following month (even though it's only a few days difference) effectively mean that there's a months payments missing ?

That is what looks like has happened. But as explained ive never heard of a company operate like this. 
1 - Because although they have made payment a few days late you are given around 30 days grace hence why companies usually report for the previous month (if that makes sense). So for the month he missed the payment it would be for his previous month payment and so forth, hence the 30 day grace period.
2 - Ive never known a company not to use a statement as their reference for payments/credit agencies. Never heard of a a statement being produced 2/3 days after the payment due date, its always at least 7-14 days (14 days in my experience). 

absportland

p00hsticks said:

xlnc99 said:

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Yes it could quite possibbly be that they report at the end of the month to the credit agences.
However, that gives them very little time (2/3days). 

1 - If this was the case they should report on the next cycle, i.e the following the month for payments for the previous month - therein you got your 30 days grace period. That is how it worked out for me everytime i took a loan.
2 - 2/3 days also is not enough time for them to generate a new statement, ive never heard of a company not give at least 7-14 days before generating a statement 
3 - as mentioned before the fact that they tried again with their direct debit a week later should indicate that the gap of 7 days is at least their grace period. This is very common with companies.

Only thing i can explain is they have fixed day (end of the month) to report to the credit agencies for the current month and not the month previously. This is something ive never heard off a company doing.

If they report at the end of the month, won;t moving the DD payment date from one month to the following month (even though it's only a few days difference) effectively mean that there's a months payments missing ?

I thought this too. I phoned them and also looked on my Halifax account and I am completely up to date, they have also confirmed this on the phone. Doesn’t make any sense. 

absportland

xlnc99 said:

My new concern is that, as it’s the end of the month, they’ve done it in line with my statement date? So essentially they only gave me 1 day to make the payment, if that makes sense. My main argument is that if I thought the money was going out on the 2nd as agreed, I’d never have known they tried to take it on the old DD date?

I’ve raised a complaint so just desperate to hear back soon. 

Yes it could quite possibbly be that they report at the end of the month to the credit agences.
However, that gives them very little time (2/3days). 

1 - If this was the case they should report on the next cycle, i.e the following the month for payments for the previous month - therein you got your 30 days grace period. That is how it worked out for me everytime i took a loan.
2 - 2/3 days also is not enough time for them to generate a new statement, ive never heard of a company not give at least 7-14 days before generating a statement 
3 - as mentioned before the fact that they tried again with their direct debit a week later should indicate that the gap of 7 days is at least their grace period. This is very common with companies.

Only thing i can explain is they have fixed day (end of the month) to report to the credit agencies for the current month and not the month previously. This is something ive never heard off a company doing.

Thank you for your replies. 

I’ve just phoned them again and they said that if they were at fault they will remove the marker, however as it’s gone to complaints I have to wait for a call next week. Not ideal but it is what it is. 

They’ve also said that they would be at fault for not notifying me of a late payment and giving me time to rectify it, their words not mine! 

Just got to hope desperately that they will remove it but it’s a waiting game now. 

xlnc99

To be honest, dont listen to the people on the phone. They really dont know what they are talking about. Take everything they say witth a pinch of salt. Amount of times i have spoken to all kinds of people from banks, internet companies, mobile etc. They have a script and their knowledge beyond that is meaningless. I remember one agent kept going on about my experian credit 'score' even though i had to inform him that they dont know my experian credit score and they have their own internal scoring system. Would not believe me! Spent half hour teaching him all about how credit system works.

Also - the fact they said they are at fault for not notifying you of a late payment and giving you time to rectify it is also rubbish. They dont have to give you a warning and notice to rectify your late payment to put a marker on your file. He is probably talking about a default marker.

Wait til the complaints come back to you

absportland

xlnc99 said:

To be honest, dont listen to the people on the phone. They really dont know what they are talking about. Take everything they say witth a pinch of salt. Amount of times i have spoken to all kinds of people from banks, internet companies, mobile etc. They have a script and their knowledge beyond that is meaningless. I remember one agent kept going on about my experian credit 'score' even though i had to inform him that they dont know my experian credit score and they have their own internal scoring system. Would not believe me! Spent half hour teaching him all about how credit system works.

Also - the fact they said they are at fault for not notifying you of a late payment and giving you time to rectify it is also rubbish. They dont have to give you a warning and notice to rectify your late payment to put a marker on your file. He is probably talking about a default marker.

Wait til the complaints come back to you

I’m just hoping they will remove it, I really am. I am due to exchange next week and my mortgage broker said Santander will not budge until the credit mark is removed by a notice of correction. 

I cannot tell you how sick I feel. 

xlnc99

fingers crossed. Did you write an e-mail or letter to halifax?