Leant money to a friend

fabforty

flea72 wrote: »

you can reclaim the money from your bank, if you deny that you gave him permission to pay, using your card - just contact your banks fraud dept, and it should all follow on quite easily

as he made the phone call, i would presume the debt company would have recordings of conversations, so when it comes to a fraud case, he cannot then try and lay liability at your door, by saying you rang to make the payment

the fact it would be his voice, paying using your details, would be enough proof


F

So you are suggesting that OP lies to the bank and accuses his friend of theft and/or deception, saying that he used his card without his consent or knowledge? Of course it will be OPs word against his friends' - all he will need to do is think up a reasonable and believable explanation for how his friend managed to get hold of his credit card details in the first place. If he has emailed friend about the money owed, friend will have proof that the OP gave him permission to use his card.The bank may also expect/insist that OP reports the matter to the police.
In which case, if I was in the friends position, I would sue and all my money problems would be solved. Meanwhile OP would have succeeded in making a bad situation significantly worse.

flea72

fabforty wrote: »

So you are suggesting that OP lies to the bank and accuses his friend of theft and/or deception, saying that he used his card without his consent or knowledge, Of course it will be OPs word against his friends' - all he will need to do is think up a reasonable and believable explanation for how his friend managed to get hold of his credit card in the first place. If he has emailed friend about the money owed, he will have proof the OP is lying.The bank may also expect/insist that OP reports the matter to the police.
In which case, if I was in the friends position, I would sue and all my money problems would be solved.

the friend has already taken more money than they said they would, so is that not theft and deception, seeing as he said it would only be £100, and then once he had the card details, it suddenly became £1000

also he only gave his friend his bank card details, something the friend could easily have seen without the OP being concerned. you dont need pin number to make payments, just card number, CSV and expiry dates

as for sending emails asking where the money was. that could easily be explained away, even at this late stage, as the friend could have owned up to taking money out of his account without permission, and the OP being a friend was prepared to give them the benfit of the doubt, as they said they would repay. but as the money hasnt been forthcoming, they are now being forced down the fraud route

F

fabforty

flea72 wrote: »

the friend has already taken more money than they said they would, so is that not theft and deception, seeing as he said it would only be £100, and then once he had the card details, it suddenly became £1000

also he only gave his friend his bank card details, something the friend could easily have seen without the OP being concerned. you dont need pin number to make payments, just card number, CSV and expiry dates

as for sending emails asking where the money was. that could easily be explained away, even at this late stage, as the friend could have owned up to taking money out of his account without permission, and the OP being a friend was prepared to give them the benfit of the doubt, as they said they would repay. but as the money hasnt been forthcoming, they are now being forced down the fraud route

F

Friend says that he told the debt company to take £100, but they took £1000 by mistake - if this is true (it could be), then 'no' he hasn't commited theft or deception.
Even if his friend did deliberately take more money that he had originally agreed to, there is a big difference between saying that and saying that his friend did obtained his details and used them completely without his consent or knowledge.
My point to the OP was that he has already exercised poor judgement in giving his friend his card details to make the payment. Lying about it can only make things worse. I have represented clients who have told similar lies under similar circumstances and have found themselves in deep S***.
Although it has usually been an ex-partner who has used the card while in a relationship and then refused to pay when relationship has ended and card holder swears that they used it without their consent. Incidentally, cardholders have obligation to keep their cards and card information secure, so any explanation for his friend getting hold of all of his card details including the CVS, is likely to bring about the same result.

OP - only you can decide how far you are willing to go to get this money back. However, as I said in my previous post, try not to make a bad situation worse.

fabforty

steve3502 wrote: »

I have spoken to him and he had promised to put the money in a week ago, I am suspecting he may not currently have the money in his acount

Under the circumstances, a real friend would just tell you the the truth. Must be better than letting you think that he has screwewd you.

macman

How can you have agreed £100 and then he took £1,000, only to claim 'confusion' over the amount? No one gets that sort of thing confused. I would give him a further week to pay (or at least start paying) and then go the small claims route. This assumes he has any money to pay you back at all, otherwise you are wasting your time.
And get your card reissued immediately.

Apples2

I think your friend is laughing at you, he must know you are a complete pushover.

I really can't see how you have any recourse over this, other than learning a valuable lesson.

He is effectively teabagging you whilst you simply roll over and submit. Grow a pair!

borders_dude

You willingly gave someone access to your card, and gave them permission to use it. If you get shat on then its your own fault!

jonesMUFCforever

I think that the title of this thread should be changed from 'Lent money to a friend' to 'LOST money after lending money to a friend'.