Potential AMEX & VISA Card Misselling - Partially/Completely Hidden Annual Fee?

schnide

Hi MSE Experts,

I recently recieved an email from a company (which I shall not name at this stage) offering their MBNA-provided credit card (AMEX & VISA combined). The email stated various benefits which were very appealing and I was excited to take up.

I applied and, having a very good credit history, was immediately accepted. Around a week later, the cards came through the post. I activated them and today made a small purchase on the AMEX card.

However, on registering for their internet banking service to make an immediate payment, I noticed there was an additional £140 charge outstanding as well. Calling up the helpline, I was told this was the annual fee - which I'd supposedly agreed to and would have been aware of.

At no point had I (knowingly) agreed to this as the promotional email makes no mention of an annual fee and nor does the application process, with one exception - as below.

I just applied for the card for a second time as a test, through the exact same forms and process as before, to check if it was mentioned anywhere. Only on the very final screen is there any reference at all to the fee, and in very hidden one place; there are three T&C sections which need expanding to be read in full to find it, and only the last one has this fee in tiny letters.

I am able to cancel, and just have cancelled, the card. However, I am quite angry that this was not made remotely obvious anywhere either in the promotional material or application process.

(As an aside, I was also essentially told that I was lying by the customer "service" agent who said that it would have been made clear at several stages.. but that's besides the point).

There'll be others this will have happened to who won't have found this out until it's too late. Does anyone know what can be done about this? It seems very much misselling to me, but I must admit I don't know the law on what should and shouldn't be stated, and how clearly, up front.

With thanks as always, MSE Experts -

schnide

jonesMUFCforever

The only card I know that charges £140 is AMEX - so why not name it?

schnide

Because it's not the most relevant aspect at this stage, and I wanted to avoid an "I'M AN ANGRY CUSTOMER AND I WANT THIS COMPANY PUNISHED" tone!

I've lodged a complaint, or at least a request for a call from a customer services manager and have been told I'll hear from them within 48 hours.

Once I'm clearer on the position from them I'm sure I'll be happier to go into the details - but I'd also like to be clear on it from a customer's legal point of view, and that's what I'm hoping the MSE forums can provide help with.

Chino

jonesMUFCforever wrote: »

The only card I know that charges £140 is AMEX - so why not name it?

No idea whether it's what the OP is referring to, but there's this "Virgin Atlantic Black Credit Card Account" provided by MBNA which issues an American Express and a Visa card on the same account:

"https://www.mbna.co.uk/compare-credit-cards/airline-credit-cards/virgin-atlantic-black/"

"Annual fee of £140 is payable."

meer53

schnide wrote: »

Because it's not the most relevant aspect at this stage, and I wanted to avoid an "I'M AN ANGRY CUSTOMER AND I WANT THIS COMPANY PUNISHED" tone!

I've lodged a complaint, or at least a request for a call from a customer services manager and have been told I'll hear from them within 48 hours.

Once I'm clearer on the position from them I'm sure I'll be happier to go into the details - but I'd also like to be clear on it from a customer's legal point of view, and that's what I'm hoping the MSE forums can provide help with.

From a customers legal point of view, you accepted the terms, which stated there was an annual fee. You can always cancel the card.

Edit. I see you already have, what are you wanting to happen ?

schnide

meer53 wrote: »

From a customers legal point of view, you accepted the terms, which stated there was an annual fee. You can always cancel the card.

Edit. I see you already have, what are you wanting to happen ?

Is that a qualified legal opinion or just your own opinion? I ask because I'm under the impression you can't just hide £140 in small print T&Cs that clearly the majority of people will not read in detail, especially when said major company was more than happy to promote the benefits and have me follow an application process giving extensive and full personal information before any chance whatsoever to do so.

What I want to happen is for this company to stop tricking customers either overtly or by accident. And so if anyone has some insight into their obligations and whether they've been fulfilled or not, I'd really be grateful to hear it.

schnide

Chino wrote: »

No idea whether it's what the OP is referring to, but there's this "Virgin Atlantic Black Credit Card Account" provided by MBNA which issues an American Express and a Visa card on the same account:

"https://www.mbna.co.uk/compare-credit-cards/airline-credit-cards/virgin-atlantic-black/"

"Annual fee of £140 is payable."

Please note that I was emailed an offer which made no mention of any fees whatsoever, and did not see a public facing website before being taken straight to the application process.

So information on any company's website you might find is somewhat besides the point!

eddddy

schnide wrote: »

I recently recieved an email from a company (which I shall not name at this stage) offering their MBNA-provided credit card (AMEX & VISA combined).

It sounds like you should be angrier with the company that sent you the email that didn't mention the charge - assuming it wasn't MBNA.

The Advertising Standards Authority (ASA) cover commercial email advertising, so you could complain to them if you think the email advert you received wasn't clear about the charges.

The ASA have the power to rule that a misleading advert must not be used again.

Biggles

After booking a flight with BA a year or two ago, I did take up their offer of a 'BA AmEx Premium Plus' and it was only after I started using it that I became aware that there was a £150 annual charge. It was not made clear at the point of application, though whether that was due to BA or AmEx I can't now say. But they cancelled the card, and the charge, with no penalty.

schnide

I've just had the call from the manager and they're going to escalate it. It'll then go to an advocate.

If I'm not happy with the outcome, I can then take it to the the ombudsman.

Thanks to all those who provided helpful info.

planteria

to be frank i don't think you should be making a problem out of this..
the fee is part of the terms of the account. unless you are certain you can prove that your terms did not include the fee..:think:
ultimiately, if you want a card without a fee, get one.