Help needed fast!!

fedupparent

Hi,
I have searched all the threads and I cannot find an answer to my query so hope someone can help me.
We've all heard the many horrible stories of children unwittingly racking up large credit card bills on the xbox. Our son did this on my husband's Barclay Card two summers ago and fortunately BCard were very understanding (unlike Microsoft who continue to not have to ask for the cvc number and simply print money!!) and wiped all charges and took the case up with Xbox. Now we were certain he had learnt his lesson and we removed all cards from his xbox.
However last year we bought a second hand xbox from an acquaintance for our 6 year old and never hooked it (old one without wifi adapter) to the broadband modem. Whilst I was in hospital over the weekend my 12 year old found the powerline I had bought ready for his new xbox1 at xmas and plugged in the 2nd hand xbox 360 to broadband. He then changed the still signed in (after a year!!) gamer profile to a new name unaware that the gamer profile was now being used on xbox 1. once he realised this he changed it back (being charged to do so) and set up a new profile and then (wrongly, I am fully aware) realised he was able to purchase games and fifa points to the tune of £300+ in 3 days.
Tesco Credit card allowed these transactions and then called the card holder to ask about the suspicious transactions and they asked for a freeze to be put on it. The victim is the grandparent of the person we bought the box off and doesn't want to or have the time to argue the case with Tesco, just wants us to pay it and leave it at that. This is where my problem lies.....Of course our son is in the wrong here and is being dealt with heavily even attending the local police station tomorrow instigated by myself. However, though 50% of me feels we should just pay the victim back(therefore simply bailing out our son once again) the other 50 feels that they must also be taken to account for leaving their card open to abuse when selling this box (thankfully we kind of know them as if sold on to someone else without them wiping it, it could be so much worse!) I have spoken with FSA and they have advised asking the victim to open a fraud case but they don't want the hassle. I haven't got that kind of money in the first place but don't want the victim to be out of pocket either. can anyone confirm the legal stance on this???
Looking forward for some advise as I'm unable to sleep thinking about and it's driving me crazy that I can't obtain any answers on whose obligation it was to not allow this to happen in the first place

bris

If they open a fraud case it gets investigated, investigation isn't good for you as you both get the blame for your son's actions.


If they did open a fraud case and get refunded, then the card co chase you, this could mean them pushing for prosecution and the cost of chasing you for the money. Any way it goes you will have to pay, the easiest way is to keep the card co and the police out of it.


Fact is a 12 year old knows exactly what he is doing, he deliberately did this and should be punished for it, the xbox will help pay the bills. Taking him to the police station puts him on the radar, do you really want to do that?

fedupparent

Thanks for your reply.
As you said 12 year olds know what they are doing and the 'informal' chat with a PC will hopefully make him see you can't break the law and just get away with it, as mom and dad will bail you out.
My biggest problems aside of the irresposibility and selfishness of my son is that I don't have that kind of money and surely some blame must be appointed to the card holder as in the eyes of xbox they authorised transactions by leaving their card details on there aftervselling it and without any parental security. I'm angry with my son but i'm also miffed they can leave their card open like that and expect no comeback.
Also when he did it naively the first time on oh cc barcley card opened an investigation with microsoft with no comeback on our son our us so why should it be any different this time?

fedupparent

and the value of the xbox is negligble as its first generation which I'll imply be returning to them anyway as i explained in original post its second hand, not like he stole a credit card then entered it himself, they left the details on there, a therfore, according to microsoft authorising use of it

Ben8282

You have no liability. They left the card details in the xbox. Tell them to sue your child. As they can't seem to be bothered about anything they are unlikely to bother about that and wouldn't get very far even if they did.
Don't approve of your involving your young son with the police. This 'informal chat' could somehow involve police caution which could affect your son for many years to come.

Poppie68

Your CC has already bailed you out once, he never learnt the first time and now a 3rd party is his victim. Maybe they should of wiped the box but you have had 12 months to check the box out but didn't which has resulted in your son going behind your back and using/stealing £300 of someone else's money...
He is your responsibility, you are responsible for his actions not the 3rd party why should they be out of pocket? He's obviously not trust worthy as shown the first time a responsible parent would sell his new Xbox to teach him dishonesty has consequences.

If the 3rd party decide to take court action it will end up with you paying out more than £300.

mistakehappens

Ben8282 wrote: »

You have no liability. They left the card details in the xbox. Tell them to sue your child. As they can't seem to be bothered about anything they are unlikely to bother about that and wouldn't get very far even if they did. Don't approve of your involving your young son with the police. This 'informal chat' could somehow involve police caution which could affect your son for many years to come.

Ben8282 seems correct here as they have left the details on Xbox, it is their issue and your son being 12 year old can completely deny that he knew anything about the charges -which might be true anyway. I would not recommend sending him to popo as it will un-necessary leave a record on him and can haunt him in the coming years looking for a job or going abroad.
If you are that much bothered about this person's money then pay for it, otherwise just sleep tight and hope Santa will bring them gifts to compensate the loss they occurred.

fedupparent

Thank you Ben, Just what I thought. As far as police are concerned I have had a long chat with the PC and he has confirmed that unless a formal complaint is made they cannot take any formal action, however as our local PC is happy to give him a sharp reality check, and wished more parents would do the same, especially over this situation as it's happening so much more these days. It may seem drastic but he clearly didn't learn when it was his Dad's card he stole from even though we took his tech off him, grounded him, discussed it with him, he saw the stress it caused us etc etc, and he feels it's like he's addicted and wants us to help him. I will do everything I can to avoid my son going down the path of crime beit real or cyber and feel its time to scare him a little, as it's about the most we can do these days. I'd have had the belt I can tell you!

fedupparent

As Ive already stated the xbox was only being used off line by my 6 year old for minecraft, and maybe I should have checked the box but I had no intention of it ever being used online hence no connection. Also selling it is an option but a)its his brothers and b)it's worthless as it's first generation not even wifi compatible! As for older son he has nothing too sell, he lost it all last time. As I stated in original post I make no excuses for my son's behaviour at all, I was simply looking for the legal stance on the card holder's responsibility to safeguard their credit card details.

fedupparent

mistakehappens wrote: »

Ben8282 seems correct here as they have left the details on Xbox, it is their issue and your son being 12 year old can completely deny that he knew anything about the charges -which might be true anyway. I would not recommend sending him to popo as it will un-necessary leave a record on him and can haunt him in the coming years looking for a job or going abroad.
If you are that much bothered about this person's money then pay for it, otherwise just sleep tight and hope Santa will bring them gifts to compensate the loss they occurred.

thank you!!

fedupparent

Poppie68 wrote: »

Your CC has already bailed you out once, he never learnt the first time and now a 3rd party is his victim. Maybe they should of wiped the box but you have had 12 months to check the box out but didn't which has resulted in your son going behind your back and using/stealing £300 of someone else's money...
He is your responsibility, you are responsible for his actions not the 3rd party why should they be out of pocket? He's obviously not trust worthy as shown the first time a responsible parent would sell his new Xbox to teach him dishonesty has consequences.

If the 3rd party decide to take court action it will end up with you paying out more than £300.

he has no xbox of his own to sell!!!