payday loans question

michael1983l

petedj83 wrote: »

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.

The OP is certainly in the wrong but at the same time that does not give Wonga the right to raid a persons account that they have no agreed terms with. If I was the card holder I would write to Wonga requesting an immidiate refund and non compliance would result in their organisation being reported to the police, oft, financial ombudsman and their bank on the grounds of fraud. This may have dire consequences for the OP as they may have this passed onto them, but in this case I am thinking to the poor soul who has had this money taken from them without their consent.

michael1983l

Naf wrote: »

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



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



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.

Absolutly not, Wonga owe's his friend money and the op owes Wonga money. How many times do I have to say that their friend has no terms agreed with Wonga nor do they have any credit agreement or given permission for their details to be kept on file. Wonga do not have a leg to stand on and if the cardholder approaches Wonga in the right way they would find them bending over backwards to give it back to them as Wonga HAVE broken the law.

Naf

Wonga have been given the second card details and permission to authorise this card by the cardholder (unless the OPs friend is going to report them for fraudulently using their card in the first instance). Their terms make it clear that giving them additional details allows them to use any additional cards that have been used to take payments from; its nothing to do with whose card it is.

michael1983l

Naf wrote: »

Wonga have been given the second card details and permission to authorise this card by the cardholder (unless the OPs friend is going to report them for fraudulently using their card in the first instance). Their terms make it clear that giving them additional details allows them to use any additional cards that have been used to take payments from; its nothing to do with whose card it is.

If the terms and conditions state that they will come round and break your legs if you don't pay, does that make it legal?

I am sure that the cardholder did give permision for the OP to use his card on the one occasion, and unless Wonga made it clear to the cardholder that their card would be kept on record and used in the future in case of non payment then Wonga are in the wrong.

They have specifically broken the following rules,

They are to inform the person they are due to take a payment from in advance of any payment being taken in accordance with the consumer credit act.

They are not to keep people's personal information on file of that they have not received exclusive permision from in accordance with the data protection act.

They have no right to take payments from a person that has not agreed to terms and conditions or signed a credit agreement. If they were a guarantor they would have done both of these, this is in accordance with the Consumer Credit Act 1974, 2006.


Wonga have boken all of those and between them and the OP they have fraudulently taken money from the cardholder, as neither have they agreed to this specific payment they have not authorised any further payment to be taken after the initial sum. THE CVARDHOLDER DID NOT SIGN TO TERMS WITH WONGA, THE OP DID. THE CARDHOLDER IS NOT A GUARANTOR.

garth549

Correct, his friend has no contract with wonga or whatever this pathetic company is called. He can dispute the transaction as unauthorized with his bank.