Wonga, Is this legal

[Deleted User]

stuartroberts wrote: »

So does that mean that any company for any reason could potentially reuse my details and claim they had a cpa with me.

AppAddicted wrote: »

yes they can do that, unfortunately.

And people think I'm odd, for not having/using Credit/Debit Cards.

Aless

Some posters seem to be confused about basic contract law which must be relevant. The contract between wonga and the OP's brother cannot bind the OP - he is not a party to it, had no benefit from the contract and was not aware of the terms i.e. he did not see them and they were not read to him over the phone. Wonga's relationship with the OP is governed by the contract between Wonga and the OP - if Wonga did not inform the OP about the t&c's when using the debit card they cannot be imposed on the OP. I wonder if you could sue Wonga in the small claims court - I would love to see their defence!

This is beyond sharp practice and I guess Wonga get away with it because people don't complain

craig3558

Im not sure why you had a dilema? You said it will leave you short over xmas, but then you hesitated about getting it refunded by your bank? Its your brothers debt, you've bailed him out before, he's 26!!! I think he should fend for himself and you get your money back.

Wonga state on the phone if you use the automated service, that your card details will not be saved!!! He must of put your card as the primary card on the account, though they still need the owners permission. They say that on the phone.

Glad your bank will now help and I hope you choose a refund. I learnt the hard way and think its time your brother realises. Hard I know but it works when you realise what mess your in.

Regards

Craig

meer53

craig3558 wrote: »

Im not sure why you had a dilema? You said it will leave you short over xmas, but then you hesitated about getting it refunded by your bank? Its your brothers debt, you've bailed him out before, he's 26!!! I think he should fend for himself and you get your money back.

Wonga state on the phone if you use the automated service, that your card details will not be saved!!! He must of put your card as the primary card on the account, though they still need the owners permission. They say that on the phone.

Glad your bank will now help and I hope you choose a refund. I learnt the hard way and think its time your brother realises. Hard I know but it works when you realise what mess your in.

Regards

Craig

The bank aren't helping, the OP's brother is paying him back.

Lord_Jamesy

As a responsible lender Wonga should NEVER have authorised the 2nd loan.

After the first loan had defaulted, Wonga should have worked out that the OPs brother could not afford a loan in the first place!

meer53

Lord_Jamesy wrote: »

As a responsible lender Wonga should NEVER have authorised the 2nd loan.

After the first loan had defaulted, Wonga should have worked out that the OPs brother could not afford a loan in the first place!

We don't know whether the first loan defaulted.

stuartroberts

it turns out he has had a £700 loan rolling for the past 4 month with them taking his salary every payday resulting in him needing to get it again and again.

I have been give £600 tonight and will get the money back next month.

Turns out he has a serious gambling problem. but i have bailed him far too many times and so not this one. told him to man up and admit it to himself.

My issue with wonga hasn't changed though.

Turns out they got his money on time 3 time in a row, but when it was short on Monday they then used my card.

still wrong imo.

john10001

stuartroberts wrote: »

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.

It sounds like they kept your card/banking details on file for continuous billing or direct debit even though you only gave them authority to use it once previously a few years before?

The best course of action would be to pursue it through your own bank and keep harassing them for a refund. This is done either under the direct debit guarantee which doesn't really guarantee anything never mind a full and immediate refund (I know from experience and hate direct debits). If it is continuous billing you would have to question why they kept your details on file when the only authorisation you gave them previous time was for a loan that was fully repaid. If it is continuous billing when you have given no consent for this you can make a complaint to Wonga but persue it through your own bank again. This will either come under the debit card guarantee of the provider e.g. Visa, Maestro etc or you would report it as an unathorised fraudulent transaction that they had no consent or agreement for and also report it to the police.

You will have a alot of trouble trying to get refund through your bank for this but that is the correct way to do it. Unfortunately bank staff are not very knowledgable when it is not a credit card involved, incompetent and unaware of their obligation in regard to refunds on Visa or Maestro Debit Card transactions as well as Direct Debits.

I have previously persued my bank a couple of years ago for something similar where I never got refunded by the vendor for a debit card transaction. It took a long time to sort out. Eventually I got a favourable reply from them and refund shortly after I had finally managed to get a refund from the actual vendor. The bank had also sent me a stationary gift as an apology and stated that they were retraining and briefing all staff on Visa Debit Card refunds. I pointed out that the matter had already revently been resolved but they were no longer interested at this point. That took almost a year to get the refund!

Another bank I managed to get a refund from for an item I returned that was an incorrect item sent to me from a company in California. They never refunded me and wouldn't respond to any emails. I sent all the proof off to the bank e.g. postal receipts to show I had returned and posted the product back to them and I eventually got a full refund.

For your situation I would be agressively pursuing a refund through primarily your bank as a fraudulent transaction. You have not agreed to be a guarentor for this loan in question and have not signed any consumer credit agreement with them for this or given consent therefore you should be entitled to a full and immediate refund either through Visa International (if that is your debit card provider and it is a card payment) or through the direct debit guarantee if it is a DD.

HTH

John

worried48

nottoolate wrote: »

so rather than set up a CPA that you did not authorise, the scammers wonga took a completely unauthorised payment by reusing the previous card details used to make the one off payment on a separate account?

Or did the brother in fact have the card details himself and use them?

meer53

John10001 - "You will have a alot of trouble trying to get refund through your bank for this but that is the correct way to do it. Unfortunately bank staff are not very knowledgable when it is not a credit card involved, incompetent and unaware of their obligation in regard to refunds on Visa or Maestro Debit Card transactions as well as Direct Debits."

Bit of a sweeping statement there i think, and completely wrong, on many points. And as for advising the OP to aggressively pursue his bank for a refund as this is fraud. Wrong again. The transaction can't be treated as fraud or unauthorised as i have previously explained.

If you care to read the rest of the thread, the OP is getting his refund from his brother, he already has £600 of it. No aggression needed.