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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I went overseas .5 weeks, and lost my wallet and phone

Resolved Question:

I went overseas for 2.5 weeks, and lost my wallet and phone whilst abroad. I cancelled all my bank cards and my phone.
during my time overseas, my Aqua Credit card tried to take a 4 pence payment from my bank, which for some reason due to the cards being blocked refused the 4p payment. Th first I was aware of any problem was when I arrived back in the UK, after the 2.5 weeks overseas. immediately I phoned Aqua Credit card an rectified the situation. However they have reported me for a late payment and completely destroyed my credit rating.
i spoke to them on the phone and they admitted they should have spoken to me bforee the late payment situation had occurred and apologized and said they would reverse the late payment charge and statement on my credit file. However I now received a letter from them saying they can not and it must stay on my credit file.
My issues are;
1/ why when I set up a bank account payment system with Aqua Card to take payment automatically from my bank account, does cancelling my bank cards stop their payments. No other payments were stopped so what are they doing differently and is that my responsibility?
2/ it is for 0.04 GBP i.e. 4 pence. surely there must be a minimum amount that can be classed as late payment to wipe out my credit rating
3/ I was given no knowledge or opportunity to resolve the situation before they registered a late payment, thy sent me no email regarding any problems all they did was send a letter which was telling me I was already late payment
I was planning a mortgage first quarter next year, but now for a 4 pence late payment that I had no knowledge about or opportunity to resolve I am now unable to get credit.
There must be some sort of mechanism to remove unjust late payment records?
Regs
Jim Bowey
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Won't Aqua rectify it please?
Customer: replied 1 year ago.
They said on the phone they would, then send me the letter attached
Expert:  Ash replied 1 year ago.
So why didn't they take the 4p payment if you have direct debit set up? Note I am just on the train so may be a delay in my reply.
Customer: replied 1 year ago.
i have no idea, they said on the phone it was because my bank cards were cancelled, the payment went through and then was returned is what they told me.
Expert:  Ash replied 1 year ago.
Ok. Did you see If it was taken?
Customer: replied 1 year ago.
i never knew anything till i came back to UK and saw the letter from them at which point i made approximately 12 pounds as there was a late payment fee then to pay.
Customer: replied 1 year ago.
i can check now, but very sure it will not be there if it never went through
Customer: replied 1 year ago.
no 4p payment showing to them at all but it would not if it never went through, bank account always had money in during the whole time also so could take no problem
Customer: replied 1 year ago.
hello a i still talking to you?
Customer: replied 1 year ago.
sorry just saw you are on the train comment, I understand.
Expert:  Ash replied 1 year ago.
But it was set up for payment?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
all previous payments had been no problems
Customer: replied 1 year ago.
bank had money in it
Customer: replied 1 year ago.
but they say the 4 pence payment was declined by the bank
Customer: replied 1 year ago.
is there anything i can do to fix this situation?
Expert:  Ash replied 1 year ago.
Have you asked the bank whether it was declined? Does it show on your statement from the bank as rejected?
Customer: replied 1 year ago.
i have not asked the bank yet, as they had closed by the time i read this letter, but it does not show on my statement
Expert:  Ash replied 1 year ago.
I would ask the bank and ask them to confirm. Then if it was not taken Aqua have a case to answer and you should write back enclosing the letter from the bank saying it wasnt taken. Ask for default to be removed or say you will go to Court.
If they refuse then you can go to Court under s.14 of the Data Protection Act which states:
Rectification, blocking, erasure and destruction.
(1)If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
You would need to use form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court would list the matter and decide whether to make an order. If the Court does then they MUST inform Equifax, Call Credit and Experian.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
what if the bank for some reason refuse the payment other than I had no money in the bank. Does the fact it was 4 pence, or the fact that I was out of the country when the letter from Aqua arrived telling me to pay the 4 pence, and the day I arrived back I immediately rectified the situation not make any difference to anything?How am I supposed do anything if I have a Direct Debit in place, and I was never informed of any problem before it was already classed as a late payment, and the day i returned to UK, I received the letter and paid the payment.Surely there has to be some sort of system for making sure people are not unfairly treated.Regs
Jim
Customer: replied 1 year ago.
also I usually receive an e-mail from Aqua telling me my statement is ready, in fact I have every month since opening the account apart from November which is the month in question.
Expert:  Ash replied 1 year ago.
Well Jim its only the Court that can deal with this. You can complain to the Information Commissioner as is your right, but you need to establish where the blame lies. If its with your bank, this does make it harder.
If a DD is in place and you need to confirm that it is, then its clearly someone else's fault. But you would need evidence from the bank to show it wasnt your fault, ie not enough money.
Does that help?
Alex
Customer: replied 1 year ago.
ok, I spoke to my bank, and they have said that it was Aqua card who cancelled the direct debit when they issued me a new bank card. At no point did they inform me that they would do this or that I had to open a new one for the new card they issued.
Expert:  Ash replied 1 year ago.
Ok. Then it's their fault and you can go straight to court for rectification.
Alex
Customer: replied 1 year ago.
Hi,I am speaking on the phone to Aquacard and they have said I am correct, and are going to see why this letter has been sent. Hopefully it will be ok
Expert:  Ash replied 1 year ago.
Great. Hopefully it works as I have suggested.
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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