Wonga, Is this legal

stuartroberts

LannieDuck wrote: »

But if that were true, then her brother could give anyone's card details, and Wonga could take whatever funds they wanted? :eek:

For Wonga to take money from the OP, there needs to be an agreement between the OP and Wonga... which there might have been for the first payment - was there any small print that you didn't read, OP?

This is my exact point, I made a single payment 2 years ago, I vividly remember the call as i despise these companies due to bad debt myself many years ago.

At no point did i give them any approval for using my card again, or was i told any of their terms claiming legal right to my card details.

I have a new card on order and i have eptied the account in question just in case.

stuartroberts

He is currently blissfully unaware and he will pay me back which i am angry about, but that is only one part of this for me.

Wonga have no right to take money from my bank account without my authorisation , if its in their terms then that would be fair enough but they should have an obligation to tell me the terms.

As far as i am concerned if i was aware i was a second card holder on his account i couldn't complain, but i am not and we live 20 miles apart, i have cleared my account just in case they try for more, and i only found out in the first place because i tried to pay for some flights on sunday and had my card declined.

meer53

stuartroberts wrote: »

IF i do it over the phone, i will be avoided, so I am taking the element of surprise as my action.

Its wrong wrong wrong, even if its in their T&C surely then they have to tell you this at the outset when they take the one time payment, if not surly that is illegal. Never ever again If i ever did this again for anyone it would be on a pre pay card.


My gripe is surly there must be financial rules stating that you must be told/ informed about the T &C. Otherwise its theft by wonga surly and i could report them to the police.

I agree it is wrong, but it can't be classed as theft as you willingly gave your details to them. Your brother will have been advised of the t & c's regarding card payments as the agreement with Wonga is his and not yours. I found this on Wongas website :

"If we cannot collect the money you owe us from 5am on the day you have chosen to repay we will make further attempts to collect the money you owe us either in one payment or several payments from your card or any other debit card you have given us details of, on a continuing basis until the amount you owe us is repaid. Our professional collections team will also contact you to discuss the situation. If your circumstances have changed significantly, they will do their best to offer a solution and come to an arrangement that helps you get back on your feet, which is always our goal."

Quite clear really.

stuartroberts

yeah but if the original debt was settled to Zero two years ago and at no point have i given them any authority to take any funds other than that debt.

If they told me that my card would remain on file fine, but how am i meant to know t&c's for a loan my brother might take out foolishly again 2 years down the line.

it states 'you have given us ' the person taking the loan not a unsuspecting family member who cleared the account to zero two years earlier.

LannieDuck

meer53 wrote: »

I agree it is wrong, but it can't be classed as theft as you willingly gave your details to them.

Of course its theft if you've given them permission to take one thing and they take another. If I set up a direct debit to a charity and they take double what I wanted to give them, that's theft. Just because they have my card details doesn't mean they can clear my account.

Wonga's T&Cs might say they'll take the money from any other card that the OP's brother has given them details of, but I don't think that would stand up in court if it was somenoe else's card. As I said earlier, if that's the case, the OP's brother could give them my card details and I'd have no recourse.

DebtClearer

OP you make a clear and accurate point. State that when you gave Wonga the details you reitterated that they may use them on that ocassion and that ocassion only and that they were then to be removed from any mention of your brothers account.

Wonga have breached the OFT guidelines. Halifax will be pretty useless as its a debit account and not their credit card. My concern now is that your name and card details are linked to your brothers account and as a result your credit history may be in trouble.

Call Wonga and raise a formal complaint, then go to the financial ombudsman to sort out. May take a while but one way or another you wont be out of pocket.

meer53

DebtClearer wrote: »

OP you make a clear and accurate point. State that when you gave Wonga the details you reitterated that they may use them on that ocassion and that ocassion only and that they were then to be removed from any mention of your brothers account.

Wonga have breached the OFT guidelines. Halifax will be pretty useless as its a debit account and not their credit card. My concern now is that your name and card details are linked to your brothers account and as a result your credit history may be in trouble.

Call Wonga and raise a formal complaint, then go to the financial ombudsman to sort out. May take a while but one way or another you wont be out of pocket.

The OP's credit file won't be affected as he doesn't have any agreement with Wonga. The fact that he has Wonga transactions on his account may affect him in the future if he applies for any lending through his own bank if they see the debits. He will have to explain them.

We have no idea whether the OP requested that his details be removed from Wonga's systems do we ? Wonga have their money now, raising a complaint is a good idea but the OP probably won't get very far i'm afraid unless he did request that his details be removed after the first payment was taken. The OP needs to ensure that his details are now definately removed and if he is unhappy with Wonga's response to his complaint he can then escalate to the FOS. I don't really know what the OP will expect from this though as he will be repaid by his brother.

The OFT are investigating PDL companies but Wonga have stated that they are not included in the OFT investigations.

JimmyTheWig

stuartroberts wrote: »

Wonga have no right to take money from my bank account without my authorisation , if its in their terms then that would be fair enough but they should have an obligation to tell me the terms.

I guess that as it was in the terms that your brother agreed to then it was his responsibility to tell you of this when you made the payment.
Harsh, though!

DebtClearer wrote: »

OP you make a clear and accurate point. State that when you gave Wonga the details you reitterated that they may use them on that ocassion and that ocassion only and that they were then to be removed from any mention of your brothers account.

But presumably the OP didn't do this.
I would certainly imagine that, two years down the line, there is no proof that the OP did this.
I would also guess that if someone said this to Wonga then Wonga would refuse to take the original payment on that card.

stuartroberts

meer53 wrote: »

I don't really know what the OP will expect from this though as he will be repaid by his brother.

The fact i am angry with my brother is one matter, its his business who he takes loans with not mine. I have spoken to him and he is going to come over and sort it out, he's very embarrassed i think. anyway he has offered to give me 600 today and the rest next month so as far as the debt its fine (at least itl have to be).

I have just been to the bank and if i want the payment returned then it is entirely possible as the alleged debt was not mine and all of the above advice has come in handy when explaining to them. I thank you all.

I am now left in a personal dilemma, I can afford to let it drop and i know my brother will pay me back. This will save him probably a few hundred in fees. But i have emptied the account used into my joint account so at least they cant get any more if he owes them any more that is.

What i will be doing is submitting a complaint to the FO as what Wonga have done like i have said is illegal and i am at least due an apology from Wonga for doing this.

My whole point to anyone who has ever paid any pay day loan of for a friend or family member in the past, change your details as this could come back to get you in the future, without your knowledge.

This whole situation could have been so different, they could have taken my Mortgage/council tax/ food money out of my account for a loan which wasn't mine, Then what defaults on Mortgages etc for a loan I had no idea about, failed direct debits etc etc.


Wonga you are a disgrace and deserve to be shut down

stuartroberts

JimmyTheWig wrote: »

.
I would also guess that if someone said this to Wonga then Wonga would refuse to take the original payment on that card.

They should have told me, you wouldn't expect to pay for any product as say a gift then allow the person you have given the gift to go and reuse the details the shop had on file.

I wasn't a 2nd cardholder on his account and as far as i can figure out wonga have breached my rights.

It could so easily have been my dads account as i have just found out he has previously paid one off for my brother as well, I have told him to call the bank and clear his santander account just incase, i am guessing they would have moved onto his card next.



Don't get me wrong i bet its not just wonga that do this i bet they all do it.