Credit card but no Credit Card Agreement.... Help please!!

mattmwall

Hi there,

In early September I applied on-line for a Santander zero credit card. I did so in order to take advantage of there 0% for 12 months on balance transfers. This was subject to a 3% fee. As soon as I had applied I discovered that another card that they were offering had a 16 month 0% term with the same 3% fee.
I rang Santander straight away to put a stop on my application before it went any further. I was assured that it had been cancelled and no credit check on me would take place. 3 weeks then passed and I received a letter stating as a Alliance & Leicester customer I was eligible and guaranteed to be accepted to there new Zero credit card. Only now with no balance transfer fee rather than the 3% previously applied for and cancelled. As it was going to cost me nothing I applied for this offer.
The very next day I received a letter from Santander welcoming me to the Zero credit card. This clearly was my 1st application that I thought and was assured had been cancelled weeks earlier. I rang Santander and explained i'd applied a 2nd time for the same product. I explained the fact I was offered the 0% fee. The girl I spoke to told me my case would be passed on to a manager. In order to see whether the application at 3% could be changed to the 0% fee. Without having to cancel the processed application and proceeding with the 2nd application. I heard nothing more from Santander. That call was made on the 3rd october.
Around the 10th a new pin and card arrived from them. Not having a clue what was going on and having no communication from Santander I called them on the 14th october.
I was told by the 1st person I spoke to that I only had 1 application with them. This was for the card sat in front of me. I was told this was at 0% fee and that £3600 had been transferred on to my existing virgin card. This was lower than I had hoped for but all this had been done without my knowledge or consent. At no point did I ever return the credit agreement sent out for me to sign and return. Nobody told me that the account was active. I had no knowledge of any transactions taken out on my behalf and I had not given my consent. I was passed over to a 2nd Santander member of staff who then told me that I did indeed have 2 application.
At present I am awaiting a call back from Santander to clarify the situation. I have lodged a complaint with Santander over the fact that at no point did I sign or complete a credit agreement with them. More over transactions were concluded in my name wholly without my knowledge or consent.
I'm now £3600 in debt on a card to which I have never agreed to take out fully. I have lodged a complaint with the Financial Ombudsmen and they are aware of the case.
I am hoping you will be able to give some advice as you seem to be the people in the know!!

Am i legally obliged to take this debt on and run the account as normal while I have no Credit Card Agreement in place?

Can Santander force me to pay them the money they have transferred in my name?

With no signed agreement in place who does this debt belong to?

Can I wash my hands of Santander and merrily walk away with there money?!
Wishful thinking maybe!!!

Hope to hear from you shortly,
Thanks very much for your time

Matt

dazza.mk

You can also sign a credit agreemnet online, it doesn't need your physical signature (which is probably what you would have done for application1 )

BigDave81

I can't really see your issue, you were happy enough to take on the card initially and the £3600 is obviously a balance transfer from another of your existing accounts. If they had not balance transferred it you would still be in £3600 debt and be paying interest on this other card/account.

At most you have possibly lost out on £108 balance transfer fee which could still be rectified by Santander if you give them a chance to reply.

It's also extremely plausible that you signed your acceptance on line on the application and the paperwork is sent as standard for any applications.