Definition of 'late payment' - advice needed

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sh1202
sh1202 Posts: 27 Forumite
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Hi guys

I had a direct debit to Creation Consumer Finance which I may have accidentally cancelled whilst cancelling a load of inactive direct debits earlier this month.

Direct debit is normally taken on 22nd of each month. I understand that direct debits take two or three working days to clear into the recipient's bank account.

They called me today and I paid the 'late' amount by card. Their website confirms that payments by card clear instantly. They've reinstated the direct debit from next month.

They would like to charge me a £30 late payment penalty. However, the way I see it, they would have received the funds today whether payment was made by direct debit or as I did paying with card.

My question is, was my payment late (is it the date of payment or date of receipt which determines whether a payment is late)? If it was not late, are they able to charge the penalty? They were unwilling to waive the penalty when I spoke to them by phone today.

I've asked them to send me a copy of the finance agreement.

Appreciate any advice.

Thanks

Stephan

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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    The due date is what matters. It payment wasn't received by that date, a late fee will be payable.

    They may also, or instead, want to charge a bounced DD fee.
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    the date they have cleared funds v's your statement payment due date
    when was the payment due?
  • sh1202
    sh1202 Posts: 27 Forumite
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    Unsure when payment was due. I assume that will be in finance agreement? Direct debit has historically been taken on 22nd. That was Friday which means they would have received fund today or tmw - is that right?

    This is a furniture interest free loan so no statements received. Any other way to check the 'due date'?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Don't use the DD date as a guide. They can take it after the due date if they want, because that's their problem.

    You need to find the precise due date in the agreement.
  • sh1202
    sh1202 Posts: 27 Forumite
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    OK thanks I will wait for that to arrive. Many thanks

    Stephan
  • System
    System Posts: 178,094 Community Admin
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    If you look at the credit agreement for the loan it will state what they class as a late payment.
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