Someone used my Credit Card to pay off a loan

moltol

A "friend" used a credit card i had in case of emergencies to pay off a loan,a large amount
The bank (BOS) never rang me to confirm or go through security questions.
As i never used it i did not find out until a missed payment and the bank started ringine me.

The police could not prosecute because she knew what to say and they said CPS would not run it.

I went to a solicitor and she admitted it was her that used the money and that she would continue to pay as she got paid.
The bank have all the solicitors letters and her e mails but they constantly harass me for any late or missed payment sometimes up to nine calls a day.

They will not come to any agreement i.e transfer to her name,stop the interest and take to debt collection to allow her to pay!!
They just harass me!!! Once 9 times a day for a week just for an under payment of £9!!!! this is so upsetting as i have done nothing wrong except trust a friend.

Does anyone have any ideas of what i can do or where i can go or who to write to trying to sort this out??

Anything grateful!!

KiKi

moltol wrote: »

A "friend" used a credit card i had in case of emergencies to pay off a loan,a large amount
The bank (BOS) never rang me to confirm or go through security questions.
As i never used it i did not find out until a missed payment and the bank started ringine me.

The police could not prosecute because she knew what to say and they said CPS would not run it.

I went to a solicitor and she admitted it was her that used the money and that she would continue to pay as she got paid.
The bank have all the solicitors letters and her e mails but they constantly harass me for any late or missed payment sometimes up to nine calls a day.

They will not come to any agreement i.e transfer to her name,stop the interest and take to debt collection to allow her to pay!!
They just harass me!!! Once 9 times a day for a week just for an under payment of £9!!!! this is so upsetting as i have done nothing wrong except trust a friend.

Does anyone have any ideas of what i can do or where i can go or who to write to trying to sort this out??

Anything grateful!!

Did your friend use your card without your permission? Or did you let her?

If it's the former, have you followed normal fraud procedures and reported it as used without permission? If your solicitor has taken it up with the bank then it sounds like you have, and regardless of a police prosecution, the card should be cancelled and the debt not recognised as yours. I don't see why they would agree to put the debt in her name - surely this is just fraudulent use, it should be reported as such and dealt with in that way? What does your solicitor say?

It sounds at the moment - from the bank's POV - that as they're receiving payments (from her, I presume?) that they're just seeing the debt as being paid, albeit slowly and late. This, IMO, is the wrong approach to take. I would report it as fraudulent use and stop recognising the debt by paying it (even though it's from her account). All they see is that it's being paid, and they aren't going to harass her when it's your account. This debt shouldn't be serviced, it should be non-existent on your account, IMO.

If you gave her the details (because you say you did nothing wrong other than trust a friend), then you're liable for the debt, I'm afraid.

KiKi

PNPSUKNET

smell a rat, since when can loans be paid with credit cards

chattychappy

I hope the solicitor is up to speed on this.

The starting point is that you are not liable for unauthorised transactions unless you were involved in fraud yourself or were grossly negligent.

Because of this, if the transactions are unauthorised, the fraud is on the bank - not you. Strange as it seems, you wouldn't be recognised as the victim of a crime - though of course no problems with your reporting it. As for prosecution, the bank/CPS should consult with the bank on this. Sounds like this part of the process has simply gone wrong.

So the first question: was it authorised or not? If you said your friend could use it, then you're sunk. Your only remedy is against the friend. The debt is yours.

Else, you tell MBNA that this was an UNauthorised transaction. You didn't make it or authorise someone else to make it. THEN, the onus of proof is on them to prove that either 1) you made it, 2) you authorised someone else to make it, 3) you were grossly negligent, 4) you're involved in fraud yourself.

"grossly negligent" is a high hurdle to establish.

So I don't know what has already been said to MBNA, but they need to be told in writing that this is not your transaction. Leave it at that - it's for them to come back if they want to go down routes 2), 3) or 4). If they don't "refund" - and you've exhausted their complaints procedure then you go to the FOS.

[EDIT: please note my correction in red. Thanks to Fruit and Nut Case for alerting me!]

Blitz01

Must be the dodgiest post i have seen for a while, and definitely not the full story.

chattychappy

Please note my correction in red in my post above, thanks.