CHARGEBACK OR NOT?

AmirKhan345

Hi everyone!

I received a DRP letter and I told my son to not pay it as i knew about private companies trying to collect money from fines etc… But I was away and he was afraid that they’d come, so he decided to pay it using my card. What do I do now? Shall I do a fraudulent chargeback? 

Any advise would be great, thank you!

grumbler

AmirKhan345 said:

Shall I do a fraudulent chargeback?

Are you seriously asking random people whether to commit fraud or not?

I don't see any legitimate reason for a chargeback and you need to have such reason and give some proofs to your card provider to back your claim.

artyboy

If your son has used your card without your permission, then you are obviously free to report him to the police for fraud.

Or you can suck it up.

Unfortunately those are the only 2 (legitimate) options.

How did he even have access to your card in the first place?

ETA - I'm assuming that he is an adult? If not and he was somehow directly pressured by the debt collector into using your card directly, that could be a rather different scenario... if it could be proved

grumbler

artyboy said:

ETA - I'm assuming that he is an adult? If not and he was somehow directly pressured by the debt collector into using your card directly, that could be a rather different scenario... if it could be proved

If this really was the case and the son wasn't an adult, I think, it's the company that has to prove that it was the OP who authorised the transaction, not some child.

born_again

AmirKhan345 said:

Hi everyone!

I received a DRP letter and I told my son to not pay it as i knew about private companies trying to collect money from fines etc… But I was away and he was afraid that they’d come, so he decided to pay it using my card. What do I do now? Shall I do a fraudulent chargeback? 

Any advise would be great, thank you!

Well you would have to prosecute your son, before card provider would even look at it. Even then they might just say no, as you allowed access to card.

Best bet is to get you son to pay you back. Then make sure they never have access to any of your cards.  If he is not prepared to pay you back, then the action you take is up to you. But I would not involve CC. 

DullGreyGuy

AmirKhan345 said:

Shall I do a fraudulent chargeback? 

Any advise would be great, thank you!

Have you had your son arrested yet?

born_again said:

AmirKhan345 said:

Hi everyone!

I received a DRP letter and I told my son to not pay it as i knew about private companies trying to collect money from fines etc… But I was away and he was afraid that they’d come, so he decided to pay it using my card. What do I do now? Shall I do a fraudulent chargeback? 

Any advise would be great, thank you!

Well you would have to prosecute your son, before card provider would even look at it. Even then they might just say no, as you allowed access to card.

Its not the choice of the victim if the alleged criminal is prosecuted... the CPS for various reasons may decide to give a warning or simply not prosecute even if the victim wants them to. 

We deal with this type of case fairly often in Car insurance, kid who's not named on their parent's policy takes the car "without consent" and crashes it. In our case we will apply for the police report to confirm the complaint hasnt been withdrawn but wont penalise the parent/policyholder if the CPS decide not to prosecute. Obviously in many cases parents dont want their kids to have a theft charge on their record and so dont involve the police and pay the claim themselves.

born_again

DullGreyGuy said:

Well you would have to prosecute your son, before card provider would even look at it. Even then they might just say no, as you allowed access to card.

Its not the choice of the victim if the alleged criminal is prosecuted... the CPS for various reasons may decide to give a warning or simply not prosecute even if the victim wants them to. 

We deal with this type of case fairly often in Car insurance, kid who's not named on their parent's policy takes the car "without consent" and crashes it. In our case we will apply for the police report to confirm the complaint hasnt been withdrawn but wont penalise the parent/policyholder if the CPS decide not to prosecute. Obviously in many cases parents dont want their kids to have a theft charge on their record and so dont involve the police and pay the claim themselves.

Ok. I will rephrase.
You have to report it to the police & have a CRN & be prepared to prosecute 👍

phillw

AmirKhan345 said:

I received a DRP letter and I told my son to not pay it

Does the bank know that your son is operating your personal bank account?

Do their T&C allow it?

Presumably you owed this money?

MEM62

phillw said:

AmirKhan345 said:

I received a DRP letter and I told my son to not pay it

Does the bank know that your son is operating your personal bank account?

Do their T&C allow it?

Presumably you owed this money?

Who knows?  I doubt the OP will be back.  

Chino

phillw said:

Does the bank know that your son is operating your personal bank account?

What makes you assume the card was a debit card?