help with this huge fraud

nearlyhomeless

Im looking for any advice but here is my situation.

In december last year my oldest brother stole my mothers bank card, took out 800 worht of pay day loans and withdrew the money (my mother trusted him with the pin for years). He has gambling and drug problems, then he ran away, i spoke to the bank and wonga who said they were doign investigations and the bank told me they would not wipe the overdraft debt he also acumulated unless we press charges.I tried to convince my mother to do so but the day we were going to the police station, my other brother bought him back home against my wishes, my oldest brother promised to work overtime and wipe out any debt he had accumulated, but all he did was stay here for a month living rent free, eating our food, using my computer, watching my tv, etc etc, until my other brother had enough of him and kicked him out, my other brother has since been sentenced to prison because he is a piece of crap and made this situation far worser then it is. Basically now the bank has acuumulated 1300 worth of overdraft debt and will keep raising this until my mothers 2500 limit is reached, the payday loans company are now demanding in excess of 3000, my mother keeps ignoring the problem and does not go to the police station, when i try to tell her stop ignoring it or this will get much worser she screams and cries then runs to the neighbours saying im bothering her too much and threatens to commit suicide, i think she is mentally unstable or something because last year my father died, and this year 1 of my brothers went to prison, and the other one did this. She is afraid if she goes to the police station he will come back and attack her or something along those lines, she thinks i am stupid and keeps going to my uncle for advice, my uncle just keeps sending letters to the banks informing them of the situation, none of which they have yet to reply to, but im worrying she will keep ignoring this and eventually bailiffs will come in take anything they see, and the majority of stuff, tv, computers, etc, are things i purchased with my student loans, my mother barely speaks english and had my father look after her for so many years shes basically an adult child, she can barely read english and does not understand how bailiffs can take her things.

Im wondering if theres any way that i would be able to press charges on her behalf or perhaps prove her to be mentally unstable and press charges then, im having a real tough time with this and if i cannot convince her to press charges, i think i will have to take out an accomation student loan and leave her to rot. I know that sounds bad but this stupid woman has never understood she was supposed to take money from my brothers when they began working and has accumulated over 10 000 in rent areers, 6 thousand of which i managed to pay off and 4000 which im still handling by selling any !!!!!!! thing i have.

geoffky

jesus mate,if i was you i would be doing a runner myself...let it all happen...let them sort it out themselves.....have a good life away from the stress.

jonesMUFCforever

In a word - if she won't press charges the bank will not refund.

abby1234519

But what about the fact that she trusted him with the pin?! Isn't that vital?

pogofish

I think you may want to speak to the domestic unit at your local force. IME, they are usually pretty tactful and willing to send out a plain clothes officer to discuss things informally and sensitively before action.

Good luck!

muskoka

I feel so sorry for your mum. Seems like you are trying to help, but running out of patience. I feel that your mum needs someone to help & support her & listen to her. Your poor, poor mum. How awful for her.

jamesd

The vital part is "stole my mothers bank card" even though he knew the PIN. Read case 91/4 at the Financial Ombudsman Service page. She can make a formal complaint to the bank and to Wonga and inform both that she intends to take the matter to the FOS, referring them to FOS decision 91/4 and the fact that her card was stolen, not used with her consent.

She should not need to take the matter up with the police.

"Dear Bank,

My card was stolen and used without my consent. Please refer to FOS decision 91/4 for guidance on how this matter will be handled if it becomes necessary to take the matter to the FOS. Please review the unauthorised use of my card to borrow money from my account, your obligations under consumer credit law for borrowing done without consent of the account holder and your obligations in case of fraud and resolve this matter. If you do not agree that you are the victim of fraud and obliged to expeditiously return my money please send me a final decision and notification of my right to take the matter to the FOS and I will do that."

"Dear Wonga,

My card was stolen and used without my consent. I'm sorry that you are the victim of fraud but since I am not and never have been your customer please seek payment from the person who borrowed from you, not from me.

In the event that you decline to do so please send me a final decision notice and notification of my right to take the matter to the FOS, which I will do.

It may assist you to review FOS decision 91/4 for guidance on how the FOS is likely to handle this situation."

For the bank the consumer credit law is significant. It provides extra protection if money is taken out of an account to place it into an overdraft that you don't get if money is taken from a positive balance.

Don't send lots of letters or argue about it. Simply make the complaint, ask them to resolve it and take the matter to the FOS if they don't.

ILW

I would have thought that if she willingly disclosed her PIN she has waived many of her rights.

nearlyhomeless

jonesMUFCforever wrote: »

In a word - if she won't press charges the bank will not refund.

yes thats what they say

nearlyhomeless

abby1234519 wrote: »

But what about the fact that she trusted him with the pin?! Isn't that vital?

im not sure, the bank didnt even point that out

nearlyhomeless

pogofish wrote: »

I think you may want to speak to the domestic unit at your local force. IME, they are usually pretty tactful and willing to send out a plain clothes officer to discuss things informally and sensitively before action.

Good luck!

the thing is i cant get her to go anywhere near the police station and she barely speaks english