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Steve Bucci, the Bankrate.com Debt AdviserCard company raises rate over debt ratio

Dear Debt Adviser,
I recently received a letter from a creditor stating that they would be raising the interest rate on their credit card, effective the next month. As I have not been late paying them or any other debt, I thought this was unusual. I asked why, when I called to opt out. They stated it was because I had a "high balance" on another card. Is that legal? I found it interesting that their decision was made on the same day that I applied for a home equity loan to pay off the debt. Could the two be related?
-- Mary K

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Dear Mary K,
Congratulations for reading your mail from your creditor rather than tossing it in the trash and for deciding to do something about it! If you had not read the letter, you would have been unable to opt out of the increased interest rate on your credit card and you would only have yourself to blame. Keep in mind that when you opt out, you will be opting out of any further use of that card. Any further use signals your acceptance of the higher rates. In most cases, the creditor will close your account at the card's expiration date when you opt out; however, not having use of the account is usually worth it to stay at the lower interest rate. There are plenty of other cards.

To answer your first question, regarding whether or not is it legal for the creditor to raise your rate, yes, most likely it is legal. Your card agreement probably includes a universal default clause, which allows the creditor to raise your interest rate for various reasons, other than a missed payment, if the creditor believes you have become an increased credit risk.

Not all card agreements contain this clause and some of the big ones have dropped it. I recently received a notice, which I read, too, from Citi saying they were ending the practice of universal default. I encourage all of my readers who experience this treatment to be sure to tell the card issuer that other card issuers don't include universal default and they shouldn't either if they want your business in the future.

Your "high balance" on another card may have pushed your debt-to-income ratio too high for the creditor's comfort, so the creditor raised your interest rate. I'm glad to hear that you opted out of the interest rate change and will remain at the lower interest rate until your balance is paid.

Your next question is a little trickier than the first. Let me answer by telling you what I do know about how creditors monitor credit report activity.

Creditors are looking at:
New credit accounts and the amount of credit available
Payment history (Late payments on any account)
Substantial increases in credit balances

The creditor increasing your interest rate and the fact that you applied for a home equity loan may only be coincidence. These guys may be quicker to raise a rate than a jack rabbit on a date, but the same day? That seems just too fast. It may have been in the works already. You have already opted out of the interest rate change for this creditor, but if any of your other creditors follow suit, you could use the home equity loan as leverage to get them to keep the interest rate the same or even lower it. The creditor wants to continue to earn money from your account, so they may be willing to work with you to avoid your using the equity loan to pay off your balance.  

Speaking of your home equity loan, I hope you have done your homework and know that you will be able to make the payments on the loan and that you have not put your home at jeopardy just to save a few interest points on an unsecured debt.

Good luck!
Bankrate.com's corrections policy-- Posted: April 27, 2007
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NATIONAL OVERNIGHT AVERAGES
$30K HELOC 5.24%
Personal loan 11.50%
$30K Home equity loan 8.35%
Rates may include points
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