Argos storecard - legal advice

katherinelc

im not sure if this is the right section but i hope someone can give some advice. My Mother-in-law has an argos store card which she left with her daughter who originally asked to use it to buy a cooker she said yes and thought that was all she would order. The other day when she had a letter from them she realised that her daughter has been using for some time without permission and has spent over £2000 on it. She had been getting the bills in the post but stupidly trusting her daughter and just passing them to her without checking them !! The other day she realised the amount on there when she got a letter saying that although the minimum payment is being made every month it isn't enough to lower the balance it is still rising. Argos say that obviously as the card is in her name she is liable for it because it wasnt stolen, although they did say that as her daughter had been getting stuff delivered to an address other than the billing address she is comitting fraud. I am trying to find out if there is anyway of getting the debt transferred into her daughters name or anything else she can do, even using a solicitor if necessary as she owes the money and she used the card without permission does anyone have any suggestions please ?

scottishblondie

The debt is in her name so it is hers legally speaking. As she gave over her card freely I expect there is very little that can be done that won't get her daughter into serious trouble. Would she be willing to report the daughter to the authorities for fraudulent use of her card?

corbyboy

scottishblondie wrote: »

The debt is in her name so it is hers legally speaking. As she gave over her card freely I expect there is very little that can be done that won't get her daughter into serious trouble. Would she be willing to report the daughter to the authorities for fraudulent use of her card?

I think she would have trouble proving that some of the things were bought with permission but not others. After all, she must have given her daughter the card for a reason.

How do you use the card? Is it chip and pin or a signature? Or does she use it online?

What does her daughter actually say about all this? Does she intend to pay it back?

katherinelc

Hi, thanks for your answer, thats what i really want to know, if she is prepared to go as far as reporting her for fraudulently using the card (it could be proved as most of the stuff she had delivered to her own address) would she be able to get liability for the debt taken off her name, i know it could get nasty but her daughter is getting nasty now she has been confronted with it so it may well cause a family rift anyway !!

katherinelc

I think she ordered it online, she definitely didnt say that she could order most of the stuff and she is paying the minimum payment which isnt even enough to cover the interest. She says she will pay the absolute minimum and no more unfortunately she doesnt have a good track record with credit and doesnt always pay which means mother-in-law could be left having to pay it.

corbyboy

I suspect the only way to get rid of your mother-in-law's liability for the debt is to have her daughter convicted of fraud.

But if your mother-in-law has given her the card and passed the monthly statements over to her then you will have difficulty proving fraud. In fact, mother-in-law will probably find herself in a lot of trouble.

What else did the daughter say? Did she acknowledge buying all the other stuff? She must have said something other than "I won't pay more than the mimimum payments."

Clive_Woody

Sadly I think your MIL will be liable for the entire debt. If this went to court MIL could claim she didn't authorise all this shopping, the daughter could claim that she did, a judge would ideally need some sort of written agreement to rule in favour of MIL. One thing that is not in question is that MIL gave access to her credit account which is probably against the T&Cs of the Argos account.

The only way of transferring debt would be with the daughter's agreement and if she could get a loan somewhere to cover this debt, both unlikely from what you have said.

I would aim for an amicable agreement if at all possible, try and get this repayment agreement in writing.

Pound

I guess this would be the same as giving someone your credit card. I believe credit card terms and conditions state that if you don't look after your card details then you're liable for anything it's used for. I'd say even if her daughter was convicted of fraud, your Mother-in-law would still be liable.

She could take her daughter to court but that's usually a waste of time.

katherinelc

Hi all
thanks for your answers, its not looking good for her !! at least she wont do it again !!!

PNPSUKNET

should stop her, as if the police get involved and you prosecute maybe loss of job and a criminal record

ManicMum

how could you do that to your own Mother? It beggars belief. poor woman.