Payday loan fraud

pwharman
pwharman Posts: 31 Forumite
My daughter was recently taken in a simple loan fraud whereby she was conned into giving someone her bank card and pin on the promise of some easy cash when in fact the conman took out a payday loan and absconded with the money. Yes it was a very stupid thing to do but young people do stupid things.

We have spoken to the police who are giving us a crime reference number but are not willing to investigate the matter. My question is should we push for the loan company to write the debt off? Are they likely to claim negligence and demand the money repaid? Some helpful advice would be very much appreciated.

Thanks!
«13456

Comments

  • Apples2
    Apples2 Posts: 6,442 Forumite
    Why would they write it off?
    They had an application from someone with genuine details.

    Giving out your card number and PIN is the real issue, I take it she has learned that lesson.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Where was the payday loan paid into? was it into her bank account and then taken out by the conman using her debit card?

    If so then the bank are not liable as she gave out her debit card, and the payday loan company legitamately made a loan to her bank account and could not have known it was not her making the application.

    She might want to check her credit files to ensure he hasn't taken out more similar applications. I assume she has already closed the bank account?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • pwharman
    pwharman Posts: 31 Forumite
    I suppose writing it off is the wrong term. I am hoping that they will treat it as fraud and take the liability away from my daughter. I hope she has learned rule #1 - nothing comes for free :)
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    pwharman wrote: »
    I suppose writing it off is the wrong term. I am hoping that they will treat it as fraud and take the liability away from my daughter. I hope she has learned rule #1 - nothing comes for free :)


    If she gets it written off that is exactly what she won't learn.

    Are you going after the conman then?
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • pwharman
    pwharman Posts: 31 Forumite
    edited 4 January 2012 at 6:16PM
    Tixy wrote: »
    Where was the payday loan paid into? was it into her bank account and then taken out by the conman using her debit card?

    If so then the bank are not liable as she gave out her debit card, and the payday loan company legitamately made a loan to her bank account and could not have known it was not her making the application.

    She might want to check her credit files to ensure he hasn't taken out more similar applications. I assume she has already closed the bank account?
    Yes it was unfortunately entirely using her details. I'm only hoping that since the police are treating it as a crime the loan company will have to aswell.

    The account is now closed, it would definitely be worth checking some credit reports though.
  • pwharman
    pwharman Posts: 31 Forumite
    Emmzi wrote: »
    If she gets it written off that is exactly what she won't learn.

    Are you going after the conman then?
    Well she has lost more than the value of the loan so I hope she learns something. We have tried to involve the police but as I said they won't investigate it. I would drag this guy into the police station myself if I could.
  • chalkie99
    chalkie99 Posts: 1,618 Forumite
    Part of the Furniture Combo Breaker
    I am hoping that they will treat it as fraud and take the liability away from my daughter.

    But it is your daughter who is guilty of fraud by
    giving someone her bank card and pin on the promise of some easy cash
    when banks expressly forbid you to give away those things.

    Why do you think the loan company should
    take the liability away
    just because her attempt at easy cash failed?
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    pwharman wrote: »
    Yes it was unfortunately entirely using her details. I'm only hoping that since the police are treating it as a crime the loan company will have to aswell.

    The account is now closed, it would definitely be worth checking some credit reports though.

    The agreement with the bank will say she won't give her bank card to anyone else, and she won't disclose the PIN number. They do all say this. It's in the T&Cs.

    So think carefully before you follow that trail. It is not the PDL company's fault she has breached the agreement now is it? No. Only hers.

    If you ever want her to have a bank account again I'd let it lie. Right now she's a bit poorer. She doesn't want a "party to fraud" marker on her credit file as well!
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    pwharman wrote: »
    Yes it was a very stupid thing to do but young people do stupid things.
    I was young (once), and I never did anything as daft as that.

    Can I ask, what was the "easy money" your daughter stood to make?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • XXSCOTSLASSXX
    XXSCOTSLASSXX Posts: 418 Forumite
    edited 4 January 2012 at 7:21PM
    pwharman wrote: »
    My daughter was recently taken in a simple loan fraud whereby she was conned into giving someone her bank card and pin on the promise of some easy cash when in fact the conman took out a payday loan and absconded with the money. Yes it was a very stupid thing to do but young people do stupid things.

    We have spoken to the police who are giving us a crime reference number but are not willing to investigate the matter. My question is should we push for the loan company to write the debt off? Are they likely to claim negligence and demand the money repaid? Some helpful advice would be very much appreciated.

    Thanks!
    Not only did she give the card and pin..... she would also have had to supply the 'conman' with her sort code and account number to enable the loan company to deposit the funds.... u also said it was all done with her details so therefore she supplied the 'conman' with all her personal details, dob, work history etc..... to be honest am not surprised the police wont investigate and I would very much doubt any loan company would 'write it off' in all fairness she gave the info willingly and u have no way of proving someone else applied etc.... how much was the loan for?

    Do u actually know who this 'conman' is, have a name etc and are u not able to confront him re this and hear his side?? to be honest having informed the police re this and given his name (if u have) id make sure ur daughter is 110% clear that she knew nothing of this as accusing someone of fraud especially to report to the police is pretty serious whether they investigate or not.....apologies just sounds a little suss... and covenient that the 'conman' has now absconded with no trace....i take it he returned from the deed to return her card...
    On the road to financial freedom.... one MSE penny at a time....:T
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.