Help needed fast!!

Voyager2002

avogadro wrote: »

Yes, legally this is the case.

To avoid another repetition of the scenario the OP needs to not put temptation in front of the boy. Also, if she is not careful it won't be long before the younger child also cottons on and attempts to do the same.

Yes, absolutely.

Nebulous2

Voyager2002 wrote: »

So many posters have missed the point -- the credit card was used fraudulently, and so it is the card company that loses the money.

For this to happen, it will probably be necessary to make a fraud report. Since the criminal is a child, there will not be any consequences for him.

What makes you think that? See this for instance.

The problem with a fraud report from the OPs point of view is that she loses all control of the situation. It is then over to the police to decide how to proceed.

The other thing about a fraud report is that the credit card holder knows who has defrauded him / his card company. He cannot reasonably go to his credit card company and say he knows nothing about the transactions, when he patently does.

than_prutt

I think feddupparent is feddup and left the tread. Therefore, all arguments are now in vain...

gunsandbanjos

So this thread was essentially the OP asking how to get away with not paying the money their feral child stole?
Brilliant, merry Christmas one and all.

haras_nosirrah

I agree that the legal situation and the moral situation are different here and your son needs to be taught a lesson here

If this was your second hand Xbox you had sold and a friends child had done this to your parent would you be saying - you know what it was all my fault for not clearing the details, don't worry about it I will pay or would you be asking the child's parent to reimburse your parents who are probably on a pension and may not have that kind of money?

I am afraid if this was my son then the Christmas present this year would be token and the balance used to repay the debt and the rest deducted from pocket money or made up in chores and that £300 would be repaid in full. Otherwise in 5 years you will be saying to your son 'yes it was wrong of you to break into that car but the person was stupid enough to leave their phone on show so they kind of deserved it'

You need to teach him that his actions have consequences and that crime doesn't pay. Return his Xmas presents including the Xbox 1 and pay back the grandparent. Whether or not you legally have to do so morally it is the right thing to do

redpete

Ben8282 wrote: »

Did your son actually realise what he was doing? In all probability he thought 'that's nice it's letting me .... (whatever the xbox let him do that he couldn't do before)' without giving much thought to why it was letting him do it.

The son had done something very similar before and knew that it cost money (but not, it seems, him), the OP has said the son knew what he had done.

No idea what the legal position is but the OP should stop trying to find fault with the owner of the card and pay them back - as suggested in part by selling the new Xbox that the son has.

zagfles

fedupparent wrote: »

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.

And so they should. If a retailer puts through a CNP transaction without asking for the CVV number, password, or any other security check, it's their risk.

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.

Still signed in after a year!!??? That's a serious lack of security.

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

Allowing stored credit card details to be used without a password, CVV, PIN or any sort of verification that it's actually the cardholder making the purchase? The cardholder should be able to get a refund as easily as you did.

chuckley

It's beyond irrelevant that the card details were still stored on the system.

the simple fact is your son stole someone else's money, knowing full well it wasn't his. if he found a card dropped in the street it wouldn't give him a right to use it. this is exactly the same.

As this isn't the first time, he clearly feels he has a 'right' to money that's not his.

You should pay up, since he's a minor and make him pay everything back, even if it's not until he's of a legal working age.

matter of fact, sell ALL of his electrical products/games/tablet and smartphone.
a basic phone will hurt his SOUL!

chuckley

Nebulous2 wrote: »

Fundamentally though you have hit one of the great dilemmas of parenting. You cannot trust your son and he has repeatedly shown that. A very harsh response will leave him angry and resentful. A light touch reinforces the view that he has got 'off' with it. You need to find a middle way which does neither.

That's why these Instagram kids are so unruly these days. 'can't hurt their feelings, incase they get angry'.

zagfles

chuckley wrote: »

It's beyond irrelevant that the card details were still stored on the system.

You reckon it's irrelevant that stored card details are used from a year ago, with no security whatsoever, no password needed to access the account, no CVV number?? Seriously??

If I was the cardholder, it would be retailer I'd be p***d off with, not the kid. Putting purchases through with no verification whatsoever of cardholder authorisation? I'd demand a chargeback and let the retailer try suing the kid.