WONGA loans - but I haven't applied?

Hax

king100 wrote: »

But you cannot setup and payment or pay an account that you hold with your partners card unless he is present and consented to it.. You need his consent otherwise it can be classed as fraud.

She agreed for the 1st payment, but I doubt the 2nd payment. They shouldn't have used her card to pay the balance.

As much as I would like to continue this if that happened to me I would be demanding my money back and talking my son to pay it himself, his money his problem.

But this is where the problem lies - the debate is about whether or not Wonga have been given authority to make multiple payments. You say they haven't because that's not what the mother intended her son to use the card for.

However, as far as Wonga are concerned, the cardholder (mother) entered the card details and agreed to their terms and conditions. It is, after all HER card and she is SOLELY responsible for how it is used. Wonga aren't to know it wasn't the mother's intention for the outstanding balance to be claimed from this card if the details were entered and it was set to be the primary card.

They claimed the money and acted in "good faith" that the card details provided were "genuine" and not fraudulent.

Look at it this way - if the son asked his mother to borrow the card to buy an XBox game from an online retailer and she said yes and handed over the card, thinking the game was £30 and then the son bought not just the game but the XBox as well, would you blame the merchant for that? Sure, you have your 14-day distance selling regulations to fall back on in this case, but say the son took delivery when the mother was out and she didn't check her statement until 3 weeks later. What then? The merchant has no obligation to accept the return and issue a refund and why should they?

It's not the merchant's fault that the son abused his mother's trust. Neither the merchant nor the card issuer should (or indeed would) be held responsible for how the mother uses her card. In fact the terms and conditions of most (if not all) cards (be they debit or credit) will have a clause saying that if the card is used with the cardholders consent/knowledge then the cardholder is liable for the transactions.

Regardless of who entered the card data, the mother willingly consented to the card being used and it is therefore her responsibility to sort the situation out with her son.

I see no reason how you can hold Wonga responsible for the mother's error and the son's abuse of her trust.

The only reason a refund should be due is if this was a fraudulent transaction - and then it is the issuer who is responsible for arranging the refund and dealing with the claim of fraud - which would involve investigating how the son came to use the card and the discovery that the mother had broken the terms and conditions of her card agreement.