Son used debit card without consent , advice needed.

antrobus

magpiecottage wrote: »

That is correct. FSA Rule BCOBS 5.1.11 says:

"(1) Where a banking customer denies having authorised a payment, it is for the firm to prove that the payment was authorised.

.....

That's true, but what actually constitutes proof is another matter.

Where FOS has been asked to adjuticate on the matter of disputed debit card transactions it appears willing to side with the bank where the circumstances suggest it is more likely that the transaction was authorised. Which is an indication of the standard of proof required.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/89/89-banking-complaints.htm

zxspeccy

The OP is fully responsible for the actions of their 10 year old child, and has to accept some (if not most) of the blame for what has happened.

From a moral point of view what would the OP want if the child took £20 from her purse? Would she be expecting the Bank of England to replace the missing note because it was not her fault? There is little difference between this and the unauthorised card usage other then a possible legal way of getting someone else to "cough up" for your son’s actions.

Accept the loss, punish the child and move on.

As for the other child involved it shouldn’t be difficult to find out what downloads have been made and to what PSN account. If another child is involved then it is important that the do not get away with this either.

zagfles

antrobus wrote: »

That's true, but what actually constitutes proof is another matter.

Where FOS has been asked to adjuticate on the matter of disputed debit card transactions it appears willing to side with the bank where the circumstances suggest it is more likely that the transaction was authorised. Which is an indication of the standard of proof required.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/89/89-banking-complaints.htm

But all those examples involved use of the correct PIN (I'm surprised the FOS upheld the first one!). In the OPs case no PIN would have been used, so there isn't anywhere near the same level of proof.

susieh_2

This happened to me in a round about way.

We had entered my card details for my son to be able to download something onto his PS3 - fast forward 3 months later and I was checking my bank account - I do it every day - and noticed 3 transactions to Sony totalling £150, all done that day one after the other, I charged upstairs frightening the living daylights out the said 13 year old. After shouting, screaming, and calmly talking he swore blind he hadn't ordered anything.

I rang the bank first and stopped all transactions and then got onto Sony, what a long drawn out process. They said we had 3 PS3's registered to out address when we only had 1 and it seemed that someone, somehow had gained access to our sons details, tried 1 small transaction and when it went through did the others. Must have been fate that I logged onto the bank just at the right time.

After a couple of weeks toing and froing, arguing etc with Sony as they confirmed the payment had not been requested from the PS3 from the one in our home they agreed to refund 1/2 the amount taken as a gesture of goodwill and I now know that after every payment made to PS3 to remove the card details from the system.

As others have said as the card details where entered onto the system the bank would not consider my claim as a fraudulent transaction.

I know this is probably not of much help to the OP but it may help others.

Good luck

Voyager2002

susieh wrote: »

This happened to me in a round about way.

We had entered my card details for my son to be able to download something onto his PS3 - fast forward 3 months later and I was checking my bank account - I do it every day - and noticed 3 transactions to Sony totalling £150, all done that day one after the other, I charged upstairs frightening the living daylights out the said 13 year old. After shouting, screaming, and calmly talking he swore blind he hadn't ordered anything.

I rang the bank first and stopped all transactions and then got onto Sony, what a long drawn out process. They said we had 3 PS3's registered to out address when we only had 1 and it seemed that someone, somehow had gained access to our sons details, tried 1 small transaction and when it went through did the others. Must have been fate that I logged onto the bank just at the right time.

After a couple of weeks toing and froing, arguing etc with Sony as they confirmed the payment had not been requested from the PS3 from the one in our home they agreed to refund 1/2 the amount taken as a gesture of goodwill and I now know that after every payment made to PS3 to remove the card details from the system.

As others have said as the card details where entered onto the system the bank would not consider my claim as a fraudulent transaction.

I know this is probably not of much help to the OP but it may help others.

Good luck

Thank you for posting this.

I do think that the bank was wrong, and if you persist you are likely to get the stolen money back.

chattychappy

zxspeccy wrote: »

From a moral point of view what would the OP want if the child took £20 from her purse? Would she be expecting the Bank of England to replace the missing note because it was not her fault?

No, because the promise is to the bearer!

zagfles

susieh wrote: »

This happened to me in a round about way.

We had entered my card details for my son to be able to download something onto his PS3 - fast forward 3 months later and I was checking my bank account - I do it every day - and noticed 3 transactions to Sony totalling £150, all done that day one after the other, I charged upstairs frightening the living daylights out the said 13 year old. After shouting, screaming, and calmly talking he swore blind he hadn't ordered anything.

I rang the bank first and stopped all transactions and then got onto Sony, what a long drawn out process. They said we had 3 PS3's registered to out address when we only had 1 and it seemed that someone, somehow had gained access to our sons details, tried 1 small transaction and when it went through did the others. Must have been fate that I logged onto the bank just at the right time.

After a couple of weeks toing and froing, arguing etc with Sony as they confirmed the payment had not been requested from the PS3 from the one in our home they agreed to refund 1/2 the amount taken as a gesture of goodwill and I now know that after every payment made to PS3 to remove the card details from the system.

As others have said as the card details where entered onto the system the bank would not consider my claim as a fraudulent transaction.

I know this is probably not of much help to the OP but it may help others.

Good luck

They confirmed the transaction hadn't made from your PS3 but they only refunded half the amount???

Don't believe what the retailers or the front line bank staff tell you, it's often rubbish. I had some numpty at my old bank telling me I couldn't get a refund on an incorrectly taken DD except by going to the retailer, despite the DD guarantee clearly saying the bank must immediately refund.

BTW are you aware of this story:

http://www.bbc.co.uk/news/technology-13192359

mynameistallulah

Whatever happened to parental responsibility?

antenna

mynameistallulah wrote: »

Whatever happened to parental responsibility?

Eye blaim the teechers,dont thay no nuffink?

Mihai_Doros

s_b wrote: »

i would smash the playstation in front of him
that would get the message through for the rest of his life

Wow. Nearly speechless. I feel sorry for your (future?) kids. I hope you are either aggrandizing your harshness or you seek therapy for that. Either way - wow.

Way to :
a) make yourself look like a violent person (your kids will *really* respect you after that -- not)
b) alienate people who love you
c) waste a perfectly valid way of recovering some of your losses.

I thought this forum is meant to help people manage their finance, not give questionable parenting advice.

Oh, BTW -- no need to reply to this, I won't be checking for a response. This message is for you : have a look yourself and change for the better.