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Card account isn't closed if annual fee still charged

Dear Speaking of Credit,
I have a credit card that expired four years back. I have not renewed it, but I have a balance which I still paid until now. But every year the company charged me an annual fee, even if I am not using the card anymore, and it’s been expired for years because I am residing now in a different country. I have complained to the company asking why I was continuously charged even if I am not using their services anymore. Is this legal for them to charge me? – Eva

Dear Eva,
Despite your card having expired four years ago, the fact that you’re continuing to be charged annual fees tells me the card company still considers that card to be open in at least one respect – charging that annual fee. I’ll leave your question of its legality to the legal experts, though, legal or not, most of the major credit card lenders do not charge an annual fee once a card has been closed, regardless of the remaining balance amount.

Perhaps rather than formally closing the card, you simply assumed that when you didn't get a new card upon the card’s expiration, the account was essentially closed and that no further annual fees would be charged. If so, you may want to consider this another one of those situations where one should not assume.

While not going so far as to permanently close a card account, there can be a number of reasons ­– past-due or over-limit balances, for example – why a card company may decline to issue a new card when the old one expires. In such cases, denying a new card can help protect against additional purchases the lender fears may not be repaid on time or at all.

The issue you raise brings to mind the larger question of what exactly constitutes a truly “closed” card account, not only with regard to the effect on annual fees, but also in how credit scores may be affected. For instance, is an account in which the card has simply been allowed to expire without a new one issued truly closed? Does a card have to be formally closed by the cardholder or lender to be free of additional annual fees? Is a card considered closed if a balance is still owing on it?

Expired card. If your card is past due or over-limit and the card company has decided to withhold issuing a new card until the situation has been corrected, the card might not be considered officially closed in the eyes of the lender or reported to the credit bureaus as such, but the various fees will go on as always. For scoring purposes, the payment history, balance, credit limit, age and all other scoring factors continue to be treated the same by scoring formulas without regard to whether a new card has or has not been issued.