Xbox live, child purchases; anyone successfully claimed money back?

tomwakefield

zagfles wrote: »

As per my first post the T&Cs aren't the be-all and end-all. Payments still have to comply with the payments services directive, BCOBS, the consumer credit act etc.

For instance most banks' T&Cs will say that a customer is liable for the full amount of unauthorised transactions on a credit card if they were grossly negligent. But the CCA overrides this - the liability is £50 max - see example 46/2 at the bottom of this page http://www.financial-ombudsman.org.uk/publications/ombudsman-news/46/46_plastic_cards.htm

In that situation it was clear that Mrs A had never indicated that her son was authorised to use the card.

In this situation they seem to have given authorisation to any transaction from the son's account in agreeing to the terms and conditions (as posted by peachyprice).

Also, does the CCA even apply in this instance, seeing as they are not buying anything on credit?

wealdroam

tomwakefield wrote: »

In that situation it was clear that Mrs A had never indicated that her son was authorised to use the card.

Mrs A?

You need to go further down the page to 46/3.
Mr D and Mrs G are the players.

tomwakefield wrote: »

...does the CCA even apply in this instance, seeing as they are not buying anything on credit?

If you use a credit card to make a purchase, then you are using credit.

Even if you pay the credit card bill in full every month, you are using credit from date of purchase to date of paying the bill.

zagfles

tomwakefield wrote: »

In that situation it was clear that Mrs A had never indicated that her son was authorised to use the card.

In this situation they seem to have given authorisation to any transaction from the son's account in agreeing to the terms and conditions (as posted by peachyprice).

Also, does the CCA even apply in this instance, seeing as they are not buying anything on credit?

Oh dear a lot of whoosing here....
I using that as an example of where T&Cs can be overridden by the law, not that it applies in this case :rotfl:

OlliesDad

zagfles wrote: »

URL please so we can all see what they say.

Here is a link to where they mention it:

FCA guide to unauthorised payments

zagfles wrote: »

Card details aren't confidential - you give your card details to every retailer you ever pay with it.

Does that mean they are not confidential? There are strict rules on how a retailer must handle your card details.. that is because they are very confidential.

zagfles wrote: »

Besides - the CV2 number must not be stored (against VISA/Mastercard rules), and if a retailer puts through a transaction without the CV2 number, it is at their risk.

Can you provide a link to back that up? Many retailers now accept payment without using the CV2 number such as Amazon and Paypal.

Truepat

Surely the simple solution is to have a card with very limited liability (low credit limit) and once that is hit it starts working - and then only sign up for such accounts using such a card.

peachyprice

Truepat wrote: »

Surely the simple solution is to have a card with very limited liability (low credit limit) and once that is hit it starts working - and then only sign up for such accounts using such a card.

Even better, don't have any card details stored at all, you don't have to with xbox.

tomwakefield

wealdroam wrote: »

Mrs A?

You need to go further down the page to 46/3.
Mr D and Mrs G are the players.

46/2 was the on cited.

wealdroam wrote: »

If you use a credit card to make a purchase, then you are using credit.

Even if you pay the credit card bill in full every month, you are using credit from date of purchase to date of paying the bill.

But isn't your credit agreement with the card issuer, not with wherever you choose to use the card, as the store is getting their money at the time of sale.

unholyangel

tomwakefield wrote: »

46/2 was the on cited.

Personally, I wouldn't say its the most relevant one - given that the son actively stole it and they only held it was unauthorised because she reported her son to the police and her son never tried to claim he had permission. Is OP willing to report their son for theft?

The one I referenced is (imo) more relevant as the card has been used with authorisation for one transaction and then has been used again for a transaction that the card holder had not approved. They found she was liable for the full amount because he had the card with her permission - despite not actually having permission for that specific transaction.

zagfles

OlliesDad wrote: »

Here is a link to where they mention it:

FCA guide to unauthorised payments

The full quote is

it can prove you are at fault because you acted fraudulently or, because you deliberately, or with ‘gross negligence’, failed to protect the details of your card, PIN or password in a way that allowed the transaction

I doubt it'd be seen as "gross negligence" to have the card number (just the 16 digit number, not CV2, PIN) somewhere in the home where anyone in the house would have access to it. Most people who get paper statements don't lock them in a safe, the statement has the card number. So not really different to having it stored in a gaming box.

Does that mean they are not confidential? There are strict rules on how a retailer must handle your card details.. that is because they are very confidential.

Something which is printed on paper correspondence, is given to lots of different people every month (every time you spend), and in some cases is just an account number & sort code (which appear on every cheque) with a few extra digits at the front is hardly "confidential". The CV2 number is semi confidential (retailers can't store it, but they can ask for it) and the PIN number of course is highly confidential.

Can you provide a link to back that up? Many retailers now accept payment without using the CV2 number such as Amazon and Paypal.

It looks to be quite woolly. Like that link you quoted says

your bank cannot simply say that use of your password, card and PIN conclusively proves you authorised a payment

so if even use of a PIN doesn't necessarily prove authorisation, use of no PIN, no CV2 etc makes proof even harder. I guess some will get round it by claiming their account password security is robust.

DCFC79

Truepat wrote: »

Surely the simple solution is to have a card with very limited liability (low credit limit) and once that is hit it starts working - and then only sign up for such accounts using such a card.

Or you buy the pre paid cards and enter the code just like you do for iTunes or Google Play cards.