Wonga, Is this legal

stuartroberts

Its funny to see how divided everyone is, some say im right and some say they are right.

It should never be acceptable for anyone to take money from my back account for a loan taken out by a different person with a different name living at a different address, for a different peice of finance 2 years earlier which was made in good will to clear a debt on a family members behalf.

It would be right, if i knew the terms, and if i was aware. but its simple i didn't and i wasnt so even if it just makes me sleep better i will be sending a complaint to both wonga and the FOB as they took money from me which they had no legal agreement with me to do so.

They have an obligation to respond so I will do it and let you all know the response i get back.

stuartroberts

krisdorey wrote: »

Because submitting your card details for the first payment, you also authorised a CPA to be attached.

CPA's dont need additional authorisations.

So i could buy something on amazon with my card and that company would be free to take more money from my card purely be cause i had bought from them in the past, nope don't think so.

response in regard to authority not my main issue.

nottoolate

wonga are only allowed to take payments for the new loan if you specifically agreed to that. you did not.

end of.

stuartroberts

precisely my point

DevCoder

They dont need a legal agreement with you, they had that with your brother part of which was that they could use any details used to clear payments on the loan for any further loan.

I fear your complaint will not be upheld.

CPA = Continuous Payment Authority, you should check that Wonga dont have a CPA on your account OP.

http://moneyfacts.co.uk/guides/banking/what-is-a-continuous-payment-authority/

DevCoder

stuartroberts wrote: »

So i could buy something on amazon with my card and that company would be free to take more money from my card purely be cause i had bought from them in the past, nope don't think so.

response in regard to authority not my main issue.

No, because you don't agree to such with Amazon. You (unknowingly or not) did with Wonga.

nottoolate

stuartroberts wrote: »

precisely my point

if you only authorised a one of payment then that is all they are allowed to take. they certainly arent allowed to take payments for a new loan.

cant believe the amount of 'bull' being posted on this thread. :eek:

DevCoder

nottoolate wrote: »

wonga are only allowed to take payments for the new loan if you specifically agreed to that. you did not.

end of.

Its not end of, why do you think there are so many of these threads on MSE and other forums? Because that's what the OP's brother agreed to in the T&C's and also that's what the OP agreed to by handing over their details.

An extremely small percentage of CPA payments in these situations get overturned.

In the eyes of finance, it was down to the OP to check the conditions of providing their details to a loan company when making payment.

Just like you should read the T&C's for any payment (we are all guilty of ignoring them, myself included). But for PDL's I would a particular habit of it (I hope Im never in that position)

JimmyTheWig

LannieDuck wrote: »

Wonga have done nothing wrong by taking money they weren't authorised to take?

Wonga will at least argue that they were authorised to take it.
When the OP gave Wonga his card details, he did so under the terms and conditions that his brother had signed up to.
In other words he authorised them to take more money in the future if need-be.

I think it is bang out of order.
But at the same time I can't _really_ blame Wonga for it. Sounds like it's the sort of condition that they need to ensure they get their money back.

I'm trying to think of an analogy...
Imagine two brothers went for dinner in a restaurant, resulting in a bill for £40.
One brother hands over a £50 note (expecting £30 change) and in the meantime the other brother does a runner.
Would you really expect the restaurant to hand £30 change to the honest brother and pursue the other through the courts, etc? Or would you expect the restaurant to give £10 change and say "thank you very much", leaving the honest one to get the £20 from his brother?

nottoolate

stuartroberts wrote: »

precisely my point

pay attention to the link from earlier.

it is unfair practice for them to debiting the account of a third party other than as specifically agreed with the third party or with the debtor acting with the consent of the third party.


you did not give you consent for anything but the one off payment on the original loan, so they should not have abused that by using those details here.

people here can harp on that you consented, but you did not. nothing in wongas t&cs can override that as you are a 3rd party and not subject to the contract.