Ask a Law Question, Get an Answer ASAP!
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?
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?
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
I found out 8 months after I got the credit card that there had been a CCJ on my credit report since 2010
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
surely if I am deemed as a credit risk they shouldn't have provided me with a card
Yes I see. Did they give you notice or just block it? Have they confirmed in writing it was because of the CCJ?
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
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.
So they might ask me to pay the whole balance off?
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.
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.
I think I should contact them
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.
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.
I wrote a complaint
but suppose they won't bother
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
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
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!
Please take a moment to rate the service I have given you. Thank you.