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Saying 'no' when a credit card company increases rates

Dear Debt Adviser,
I have a large balance on a credit card, which I have been paying down faithfully every month. I've never been late and stopped using this card about seven months ago. Last month I paid $2,000 on this card. I just got this month's bill and the bank has increased my finance charge from 10.99 percent to 30 percent!!! When I called them, they said they reviewed my credit rating and noticed I have other debt. I can't pay this card off at this huge interest rate. This is a purely greedy action on their end. Do you have any advice on how best to deal with this? -- Linda

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Dear Linda,
Don't despair. The card holder agreement or contract that binds you as the card holder to pay as agreed also binds the issuer of the card, in this case your bank, to the original terms of the contract. The catch is that due to a clause in most card holder agreements called "universal default." This allows the issuer to change the rules midstream unless you say no. The issuer then has the right to close the account; while you have the right to pay off the remaining balance under the original agreement.

In your bill this month or perhaps in a separate mailing you may have received some type of written notification of the change in account agreement (the increased interest rate) along with instructions on how to contact the issuer to let them know if you do not accept the new terms.

You do not have much time to contact them regarding your non-acceptance of the new terms of your card holder agreement. Typically you must respond in writing within 30 days of the notification by the issuer of the card holder agreement revisions.

Simply write your bank a letter stating you wish to continue under your original card holder agreement. I would send it certified mail, return receipt requested. Because the account will be closed, you will not be able to use the account to charge any new purchases, but it doesn't sound like you need that card or to be adding anything to your debt anyway.

One other possible negative of closing the account is that closing lines may affect your credit score if this causes the debt-outstanding ratio to the credit-available ratio to change past what is considered optimum. For example, if you have $10,000 of available credit on several credit cards and owe a total of $1,000, you have used 10 percent of your available credit. However, if you close accounts with $9,000 of available credit, you now have used 100 percent of your available credit and that isn't good for your credit score.

Don't feel like you are being targeted for this type of treatment from your bank, you are not alone. Complaints from card holders about increased interest rates on accounts where they have paid faithfully what was due and on time only to have their interest rates increased dramatically because of their payment history on a different line of credit, are increasing daily.
Unfortunately, "universal default" is here to stay, so paying your bills on time is even more important than ever. An unintentional late payment to your utility company could end up costing you hundreds of dollars in interest payments on your credit card accounts.

Big Brother is watching! Good luck

The Debt Adviser, Steve Bucci, is the president of Consumer Credit Counseling Service of Southern New England. Visit CCCS for additional debt advice or click here to ask a debt question.

 
-- Posted: Feb. 11, 2005
     

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