Late payment marker Premium Credit

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bbmack
bbmack Posts: 31 Forumite
edited 17 June 2018 at 11:50AM in Credit file & ratings
Good morning

Quick question here regarding when a late payment becomes a late payment in the eyes of the credit referencing agency. I always believed that if a payment was made within 30 days of a missed payment it wouldn't end up on your credit report, though would incur a late payment charge.

After grafting hard for yrs and yrs I finally got a clear credit report. Clear until last month. My son's (18) car insurance was due to come out of my account, but unfortunately he forgot to transfer the money over therefore the direct debit was returned. As soon I was made aware I tried to pay both online and via phone but both systems were down (I have proof of this in the form of a screen shot). When I explained the issues I was given a date by which the payment had to be made before 'further action' was taken. This was done, and again I have proof of both the payment and date they gave.

I sent a letter over to Premium Credit to explain the issues and they explained that because the direct debit was returned they put a late marker on the file and that this would have been the case even if I had been able to make a payment the very same day, therefore they wouldn't be removing it.

My question is do companies have the right to add a late marker after the return of a direct debit, even if the payment is made within that month? Surely if a payment to a company is made within the month it isn't late (January's payment must be made in January - if it is then all is good) - after all a direct debit date is simply a loose agreement between a client and company and therefore shouldn't be a legal timeline.

I may be grasping at straws but this seems overly strict from Premium Credit.

I fully intend to appeal the decision against my original appeal so any help would be great!

Thanks

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  • [Deleted User]
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    Yes - because it was a..... late payment.

    So they are listing it correctly as an accurate representation of what happened.

    Besides are you 100% sure the insurer reports to CRA’s?
  • Nasqueron
    Nasqueron Posts: 8,823 Forumite
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    You agree to pay the sum by a date, if you miss the date it's late therefore the firm has a duty to report the late payment to the credit agencies so other lenders are aware of this. Why is your son not paying the car insurance if he has the money? Why does he not have a standing order to pay the cash in advance of the insurance?
  • System
    System Posts: 178,094 Community Admin
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    edited 17 June 2018 at 12:17PM
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    Question:

    Why is your son's insurance coming out of your bank account and not his own? If the direct debit was coming out of his own account this wouldn't happen. If its coming out of your account because you took the policy out in your name with you as the main driver and him as a named driver in order to bring the price down even though its his car and he drives it the most then that is breaking the law, its known as fronting and is insurance fraud of the proper can end up in court facing a judge and getting a criminal record kind. It would also mean in the event of a claim that the claim was refused and if he hit someone and the insurance paid them out they'd come after YOU for the amount they paid to the other party.
    bbmack wrote: »
    Good morning

    Quick question here regarding when a late payment becomes a late payment in the eyes of the credit referencing agency.
    When the company you owe money to decide it is a late payment and notify the credit agency you've made a late payment so it could be one day, one week, one month....all depends on the policies of the individual companies, not the credit reference agencies. The CRAs merely record what they're told.
    I always believed that if a payment was made within 30 days of a missed payment it wouldn't end up on your credit report, though would incur a late payment charge.
    You believed wrong. It depends on that company's policy.
    My question is do companies have the right to add a late marker after the return of a direct debit, even if the payment is made within that month?
    Yes. Even if it is made the very next day although that would be harsh but it is an accurate representation of the facts. The payment is due on X day, you paid on X+1 or later therefore it is late.

    Surely if a payment to a company is made within the month it isn't late (January's payment must be made in January - if it is then all is good) - after all a direct debit date is simply a loose agreement between a client and company and therefore shouldn't be a legal timeline.

    A direct debit is NOT a loose agreement between a client and a company. A direct debit is merely a method of payment. What is on the terms and conditions of the agreement is what matters and if that says it must be paid by the X of each month then anything after that is a late payment.
    I may be grasping at straws but this seems overly strict from Premium Credit.

    Lets put the shoe on the other foot. If it were your wages or your benefits and it was 1, 2, 5, 7, 14, 30 days late would you be happy to accept being paid that late "because its in the same month"? I bet the answer would be no so why should someone you owe money to be any different?
    I fully intend to appeal the decision against my original appeal so any help would be great!

    Thanks

    By all means appeal but don't be surprised when you get told it was paid late so is factually correct.

    If you want some help I suggest going to the Debt Free Wannabe board, posting a statement of affairs and seeing if you can sort your finances out. Your finances shouldn't be so tight that your son not transferring over a month's insurance premium causes a direct debit to bounce so you need to address your finances so you're not living hand to mouth every month. That is the biggest problem you have.
  • bbmack
    bbmack Posts: 31 Forumite
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    Nasqueron wrote: »
    You agree to pay the sum by a date, if you miss the date it's late therefore the firm has a duty to report the late payment to the credit agencies so other lenders are aware of this. Why is your son not paying the car insurance if he has the money? Why does he not have a standing order to pay the cash in advance of the insurance?

    I understand that it is a late payment in so much as the agreed direct debit date is concerned and am therefore fine with paying any 'fine'. However if the payment is made during the billing cycle surely it isn't late?

    This is what Experian say:

    Late payments typically are reported only after you have missed an entire billing cycle. That means the late payment wouldn’t be reported to Experian unless you still hadn’t paid the bill when the next month’s billing statement was sent.

    If the January payment is paid during the January billing cycle it can't officially be late? I may have broken the agreement with the particular company (and will pay an agreed amount) but I didn't break the credit agreement, as I paid within the period.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 17 June 2018 at 1:31PM
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    Unfortunately it is down to the individual companies own policy about the charge, but you are correct about the billing cycle.

    If you pay the same day as the DD was due, some companies allow that, others do not, and you will get a late payment charge, their appears to be little consistency.

    One late payment marker is not the end of the world, in the grand scheme of things it will have little or no impact on you, but i would certainly make a complaint with regard to this, Experion sum it up nicely what is expected.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • bbmack
    bbmack Posts: 31 Forumite
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    Tarambor wrote: »
    Question:

    When the company you owe money to decide it is a late payment and notify the credit agency you've made a late payment so it could be one day, one week, one month....all depends on the policies of the individual companies, not the credit reference agencies. The CRAs merely record what they're told.

    Interestingly Premium Credit said they were adhereing to Equifax's policy that's why I mentioned it. However Equifax's policy doesn't state that missed payments, even 1 day late, should be reported.
  • KillTheKeyboard
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    Interestingly, I was looking through the forums trying to find a similar topic to this. I was 5 days late making a credit repayment to Santander (my error). When I spoke to them they said that they did not report late payments at all, as a policy, to credit reference agencies. She said the only exception to this was regular and persistent failures to repay - so months and months in arrears I guess.
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