Alteration of Credit Agreements

pmv

New Member
Mar 13, 2009
4
0
0
I recently applied for a loan with a highstreet bank which was agreed and signed a credit agreement for a specific repayment amount per month.

A couple of days after the money went into my account and after I had used the money to pay credit cards etc off I got a letter from my bank telling me that the money had been paid into my account (which I already knew) and giving me the repayment details which had gone up some £45 from the credit agreement of which there was a copy showing the lower amount.

I was wondering if the banks are entitled to change repayment amounts like this after signing the credit agreement as I believed this was a legally binding document.

I have complained to the staff member who went through the loan process for me, and the banks lending centre didn't even inform their staff member of this alteration, let alone myself. The only explanation they could provide to her was that the credit scoring process had set the amount higher.

Any advice of what to do next would be appreciated.
 

kris1anne

New Member
Jan 29, 2009
138
0
0
Write a formal letter of complaint and if that gets you nowhere consider the Financial Ombudsman. What a nightmare - surely they cannot do that??
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
This is pretty shocking and they can't do it unless the rate is linked to the market and fluctuations e.g. the FTSE. I am guessing that this is not the case and they have breached the contract they signed with you. As Kris mentions make a formal complaint.

We have information here about the consumer credit act
 

pmv

New Member
Mar 13, 2009
4
0
0
Ok thanks.

I was going to put my complaint in writing anyway, but also wanted a second opinion as I have a feeling the bank will not do anything and I'll be getting the financial ombudsman involved.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
They don't have a leg to stand on, it might be worth escalating within the bank first and speak to the bank manager.
 

Jorumian

Facilitator
Sep 1, 2008
347
3
0
Birkenhead
Scandalous.

As has been advised, if you do not get a satisfactory answer (and pay the rate you signed for) then I would take it as far as you can. Banks and institutions only do this because they rely on people not being prepared to take the issue further.

Good luck with this and let us know how you get on.
 

kris1anne

New Member
Jan 29, 2009
138
0
0
Let us know how you get on - it sounds like you were not the only one so I suspect we may be hearing more about this!
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Just a note, the FOS will not act until you have gone through the banks formal complaints procedure which is supposed to take 8 weeks but often takes much longer in my experience, only give them the 8 weeks to respond, then complain (sorry i spilt tea in my keyboard)
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Sorry I'm back with an external keyboard, what I was going to say was I think it depends on whether the loan is a fixed or variable rate, if it is variable, they can change it (and I assume it is the interest rate that has changed and affected the repayment amount, having said that I should think changing an interest rate so soon after an agreement has been signed would be frowned upon to say the least, and I also think they have to give (30 days?) notice before making any changes, which means they would have to tell you of any changes in writing, obviously they haven't done this.

Hopefully, you'll find it is an admin error and it will be amended upon receipt of your official complaint. :rolleyes:
 
  • Like
Reactions: Tony

GlasgowGirl

Facilitator
Jul 22, 2008
287
0
0
I agree that you should chase this up: if it turns out that there is a reasonable explanation for this, such as a rate variation, then it shouldn't be any problem for them to explain it to you. An amazing number of people just assume they can't do anything about situations like these - make sure you're not one of them!
 

pmv

New Member
Mar 13, 2009
4
0
0
Thought you might like to know the bank has now sent a letter apologising that they had tried to alter their interest rate and said they will honour their original loan figures.

Thanks for your advice.