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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can I challenge my bank? I applied for a credit card with

Customer Question

Can I challenge my bank?
I applied for a credit card with my bank last year, I done the application online and heard nothing from them. So when I called in the Advisor told me there was no application on the system and convinced me into making another application.
Long story short I ended up with 2 credit cards, one with a limit of £3,500 and the other with £1,450, I have a balance of £2,900 on the first one and £200 on the second.
I make regular payments around £800 per month and my credit score is considered as excellent.
I was trying to make a payment yesterday and neither credit card worked. I contacted them today and was informed that they have cancelled my card.
I asked why and the lady told me that something showed on my credit report, after much questioning she then told me it was a CCJ, however back in January I conducted my first ever credit report search and I noticed the CCJ but this is from 2010, so at the point when they gave me a credit card not only did the provide me with 2 in error but also they did not find the CCJ. (please bare in mind I did not know I had a CCJ until January)

What can I do as it will take me a couple of months to clear the balance but I am not happy for the way in which I was treated (the reckon the letter informing me of all this was in the post but I have had nothing.
I keep my debit accounts and savings accounts with them and personally believe that IF they thought I wasn't a good candidate for credit then they have 1. miss sold and 2. irresponsibly lent money to me.
The CCJ was for 957 based on an overpayment of salary, I had moved out of the property at that time to start a new job and never got any mail asking for the money back.


Can I challenge my bank?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know is the CCJ from your bank who issued the cards?

JACUSTOMER-leis6ggo- : No it's not from my ban
JACUSTOMER-leis6ggo- : It was a CCJ issued to me in 2010 by an old employer / please re read my original question
AlexWatts2013 :

Yes I did but it was not clear. You want to challenge the bank for what exactly (so I can clear) issuing you the credit cards?

JACUSTOMER-leis6ggo- :

basically initially they messed up my credit card application providing me with 2 credit cards. which I didnt really think much about. Then I have used the credit cards for a year, until friday when they told me they had retracted my card because I had a CCJ

JACUSTOMER-leis6ggo- :

I found out 8 months after I got the credit card that there had been a CCJ on my credit report since 2010

JACUSTOMER-leis6ggo- :

so my point is can I challenge them in order to allow me access to my credit card.. baring in mind the ccj was on there unbeknown to me when I was offered the original credit cards

JACUSTOMER-leis6ggo- :

surely if I am deemed as a credit risk they shouldn't have provided me with a card

AlexWatts2013 :

Yes I see. Did they give you notice or just block it? Have they confirmed in writing it was because of the CCJ?

JACUSTOMER-leis6ggo- :

No, not notice. They told me on the phone they had sent something in writing but they clearly haven't as I would have received it by now

AlexWatts2013 :

You need to check the terms and conditions. Normally any form of lending there is a term that states they can cancel a facility at any time and also they are repayable upon demand. Therefore you need to check the t&c's very carefully to see if it has wording similar to this.

JACUSTOMER-leis6ggo- :

wow

JACUSTOMER-leis6ggo- :

So they might ask me to pay the whole balance off?

AlexWatts2013 :

If it does then there is nothing you can do because you would have agreed to the terms and conditions and as such they would have formed to be part of the contract. If on the other hand, there are no such terms to that effect then they can not do that and they would be in breach of contract.

AlexWatts2013 :

Its the same with a mortgage, they are repayable upon demand, so in theory your bank can write and say we are calling in the loan you have 28 days to pay.

JACUSTOMER-leis6ggo- :

I think I should contact them

JACUSTOMER-leis6ggo- :

find out

AlexWatts2013 :

In this case yes, they could ask you to pay the whole balance, but it is unlikely they would expect this in one sum. They may just cancel the facility and allow you to pay it off as you normally would.

AlexWatts2013 :

I would if you do not have a copy of the terms still. But to be honest I would be surprised if it did not have a term saying this - they normally do.

JACUSTOMER-leis6ggo- :

ah ok

JACUSTOMER-leis6ggo- :

I see

JACUSTOMER-leis6ggo- :

I wrote a complaint

JACUSTOMER-leis6ggo- :

but suppose they won't bother

AlexWatts2013 :

They may or may not if its in accordance with the terms. However they should have given you notice in accordance with their terms - they should say about giving you notice

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

AlexWatts2013 :

I know it seems harsh and unfair and I agree it is - but it is all about the terms and conditions. Imagine a surprise if you had a mortgage for £200,000 to get a letter saying it was being called in!

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-leis6ggo- :

Thank you

AlexWatts2013 :

Please take a moment to rate the service I have given you. Thank you.

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