About 12 months ago we applied for a loan where the client had a card with a particular lender, we figured having loans and banking in the same place was a good option and it was the clients first home. The client had been significantly late paying the card several times in the last 12 months so the application was rejected. It's didn't go into default, but he was just constantly late.
We put the deal to a different lender, they knew nothing about his credit card history so they approved the loan.
Some things to consider if this had been done under the new credit laws:
1. This deal might have been much trickier to get done and not a good outcome from the client. Other lenders may have seen that the history on the clients card was not good and similarly rejected the loan as the first lender did.
2. On the other hand the first lender may have seen that this client pays other bills on time (I don't know if this is true, but let's assume he did). With a good payment history offsetting the late credit card, the first loan might have been approved.
3. We got this done by taking advantage of the second lenders ignorance. We certainly put the borrowers interests ahead of the banks and I don't loose any sleep over this (he is paying his mortgage on time). It does beg the question though, if you know someone was consistently late paying their bills, would you really want to lend money to them? As investors we don't like tenants who always pay a week late, even though they do pay eventually.
If there is an issue I could just pay out the credit card and then just cancel it, will this work?