Didn't know it was a credit card - can I claim for mis-selling?

peterpan1709

I am enquiring on behalf of my father, who is 55, not well educated, and has never had a credit card in his life. Somehow, the Abbey/Santander have issued him with one - they must have bamboozled him with info one day he was in the local branch and got him to sign on the dotted line. He cannot recall doing so and does not understand how a credit card operates. When it arrived in the post, he thought it was a new debit card for his bank account and proceeded to spend on it in shops and withdraw cash from it. He has now been charged missed payment fees and interest on the cash withdrawn. The first statement co-incided with the funeral of his own father and may have been overlooked. Despite attempts to pay off the fees and cancel the card in the branch and on the phone, none of the staff have been able to help him, trying to encourage him towards telephone banking and online banking, which he does not understand. Is this a case of mis-selling a credit card? And is my father entitled to a refund of the fees and interest charges? Does anyone have any similar experience? Many thanks for any help you can offer.

dunstonh

Is this a case of mis-selling a credit card?

The only reason it would be is if he is mentally unable to understand what he has and what it does. Is your father mentally disabled in any way or "obviously" unable to understand things? If he is then the bank has duty to take extra care. If he isn't then he has to take that responsibility mostly. Making a mistake is unfortunate but it was his mistake. Not the bank. So, unless he is mentally unable to understand it then you are relying on their goodwill.

Despite attempts to pay off the fees and cancel the card in the branch and on the phone, none of the staff have been able to help him, trying to encourage him towards telephone banking and online banking, which he does not understand.

branch staff at most banks have no access to information on the credit card side of things. Typically, phoning up the card provider or dealing with them online is the required way to contact them. Or put it in writing.

natweststaffmember

I would add that he should reclaim the charges that have been levied for missed payments as well to reduce the amount left on the card if there are any.

peterpan1709

Just though't I'd update you all on the result...
Santander cancelled the account, refunded all the charges and fees, sent an apology letter, and sent a luxury hamper!