payday loans question

RichGold

meandthree wrote: »

but still don't see how they can take it off a card in a completely different name.

Because you gave them that card. Simples.

skintandscared_2

meandthree wrote: »

That was well put, and I totally accept that it was my own fault, I did say that. i have no issues paying it back to my friend and in fact no issues paying the loan back, just forgot to extend it when I should have. My only question was if they could take the money off someone elses card. I an see they can take it off my secondary card, but still don't see how they can take it off a card in a completely different name. But again, thanks for everyone's help.

Unfortunately they can take it off any card you have given them details for and EVER given them permission to use (doesn't matter if you said ONCE ONLY, that means nothing).

immoral_angeluk

RichGold wrote: »

Because you gave them that card. Simples.

It's what's called continuous payment authority. To make sure it doesn't happen again, your friend needs to either change bank accounts, or write to the bank/wonga informing them that we wants them to remove the CPA.

LovelyLeeds

meandthree wrote: »

Is this legal?

Yes

Who is to blame - wonga or the bank for allowing payment to go through after the account had been closed?

Neither, I'm afraid it's you. It clearly states that they will use cards registered with them to collect money you owe. Still look at it this way, if your friend's card has cleared the debt, at least (hopefully) he will only expect a pint or two as interest - but do pay him as quickly as you can wont you - he is seriously out of pocket because you defaulted.

michael1983l

I'm sorry, I have to disagree here. If this persons friend only agreed to allow Wonga to take money on that occasion then this payment has been taken without the cardholders conscent and is indeed wrongful on Wonga's part. This credit card is registered with a different person to the account holder, so should never have been kept on their file without permission from the cardholder in the first place.

At best I'd say Wonga have made an honest mistake, at worst I'd say they have breached the data protection act and taken an unauthorised card payment. You are all forgetting that the cardholder (acount holders friend) has not agreed to any terms and conditions with Wonga.

OP have you spoken to Wonga to discuss this?

petedj83

Just pay your friend back the amount of money that was taken in this mistake and then go to Wonga and erase his card details.

I'm sure that if you originally took his card with permission and then explained your forgetfulness whilst repaying him straight away, he'll forgive you and you can both move on.

petedj83

Michael,

Have you used Wonga? You can just add card details to your account if you wish, just like paypal.

If his friend's card was listed as the primary account seeings as it paid the previous installment, it was up to the OP to check and change it.

michael1983l

petedj83 wrote: »

Michael,

Have you used Wonga? You can just add card details to your account if you wish, just like paypal.

If his friend's card was listed as the primary account seeings as it paid the previous installment, it was up to the OP to check and change it.

You are looking at this from the wrong angle, I am looking at this to protect the OP's friend. The fact of the matter is that regardless of how Wonga got the card details, the Cardholder has not agreed to ANY terms with Wonga and has certainly not agreed to a payplan and I doubt to Wonga keeping their information on file.

So despite what the OP might have done, Wonga are in the wrong in regards to the cardholder as they have no contract, credit agreement or terms with Wonga.

petedj83

michael1983l wrote: »

You are looking at this from the wrong angle, I am looking at this to protect the OP's friend. The fact of the matter is that regardless of how Wonga got the card details, the Cardholder has not agreed to ANY terms with Wonga and has certainly not agreed to a payplan and I doubt to Wonga keeping their information on file.

So despite what the OP might have done, Wonga are in the wrong in regards to the cardholder as they have no contract, credit agreement or terms with Wonga.

I can kinda see where you are coming from but with Wonga there is no pay plan as such. It's just that you add a card to your account and it'll will set one as primary. There is one payment and it comes from that card.

From what it sounds like, the OP has accidentally set his friends up to be his primary account. He may not have intended to, but this will show up on your account details page everytime you view it. Therefore, had he checked his account details thoughout this period, he would have noticed the wrong details in there.

HOWEVER, if he did check these details and the OP's card was still the primary account, then your advice to start a dispute with Wonga may hold water.

Naf

You owe your friend money now, simple as.
And as far as your agreement with Wonga goes, their terms make it clear they can do this

Wonga.com wrote:

Clause 3a of the Loan Conditions, reads: "We may try to debit your debit card at a later stage and on more than one occasion after 5am on the promise date for all or any part of the amount due. If you have provided us with details of a second debit/credit card and we are unsuccessful in collecting payment from the first debit card, we may seek payment from the second debit/credit card and on multiple occasions, for all or any part of the amount due, as we determine necessary until full repayment is made."

However, you say you used a credit card to pay it off; according to their own terms, they do not allow you to do this:
https://help.wonga.com/help/payments/repaying/credit-cards

Wonga.com wrote:

Can I repay my loan using a credit card?

No you cannot. We do not accept credit cards as a form of payment unfortunately. We only accept debit cards.

I think its likely pointless to try and argue this point with Wonga to be honest, but maybe?


If you're friend can afford (and is prepared) to let you pay them back as and when you can afford; you're a very lucky person and this is your best bet to get it cleared. If not, I recommend talking to your local credit union (a quick Google search will soon find it for you) as their terms and rates are much more reasonable than PDL or doorstep lenders.