son gambling on cc card which doesnt have cash transactions
appleblossum
Posts: 20 Forumite
in Credit cards
My son was added as an additional cardholder and been managing my finances whilst i have been in and out of hospital. To my shock i found out recently that he had managed to spend nearly £3000 on gambling transactions - this despite my card being only intended for purchases. It looks like these transactions went via paypal but were definitely identified as cash as for each transaction a £5 cash advance transaction charge has been added.
I have started the dispute process but am no really clear on my rights and looking for some guidance. At a minimum i would expect:
1) All the £5 fees to be refunded - no way are they profiting for their mistake in approving these transactions
2) I think these transactions should be interest free - maybe moving to a different account till paid off?, again because they should never have been approved in the first place.
3) Return of 2 over limit fees charged in the space of 1 week (first was added after their interest put the account over limit and then again week later when the account was overlimit after the statement date.
I certainly expect my son to pay back the original charges (albeit as the primary card holder i am legally the debt owner). However, having said that, if i were to go to the FOS with this, couldnt the CCC be found negligent , not just in allowing these transactions in the first place but allowing practically the whole balance to be from these transactions - even legitimate cards that allow cash withdrawals normally only allow 50% of the balance to be from cash.
Any acts/goverment papers i can use in this dispute to try and get ccc to meet my terms please? Thanks
I have started the dispute process but am no really clear on my rights and looking for some guidance. At a minimum i would expect:
1) All the £5 fees to be refunded - no way are they profiting for their mistake in approving these transactions
2) I think these transactions should be interest free - maybe moving to a different account till paid off?, again because they should never have been approved in the first place.
3) Return of 2 over limit fees charged in the space of 1 week (first was added after their interest put the account over limit and then again week later when the account was overlimit after the statement date.
I certainly expect my son to pay back the original charges (albeit as the primary card holder i am legally the debt owner). However, having said that, if i were to go to the FOS with this, couldnt the CCC be found negligent , not just in allowing these transactions in the first place but allowing practically the whole balance to be from these transactions - even legitimate cards that allow cash withdrawals normally only allow 50% of the balance to be from cash.
Any acts/goverment papers i can use in this dispute to try and get ccc to meet my terms please? Thanks
When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)
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Comments
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no
no
no
haven't got a cat in hells chance of getting any kind of refund on charges etc
you shouldn't give credit cards to your untrustworthy children if you didn't want to be liable for all charges and transactions they make0 -
Pay the card off, and help your son, its clearly an addiction.0
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no
no
no
haven't got a cat in hells chance of getting any kind of refund on charges etc
you shouldn't give credit cards to your untrustworthy children if you didn't want to be liable for all charges and transactions they make
Normally i would agree but the key point here is that this card was NEVER intended to be used for cash transactions its basically just a mastercard puchasing card. Hence they were completely negligent in allowing even ONE cash transaction let alone over 30When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)0 -
appleblossum wrote: »Normally i would agree but the key point here is that this card was NEVER intended to be used for cash transactions its basically just a mastercard puchasing card. Hence they were completely negligent in allowing even ONE cash transaction let alone over 30
Do the t&cs state that the card can only be used for purchases or was it just your intention that you would only use it for purchases?0 -
pursuitofmoney wrote: »Pay the card off, and help your son, its clearly an addiction.
i wish i could afford it - i got the card originally to be able to afford to pay for new gas appliances (both oven and fire condemned after leak discovered). and had been paying that back at £25pm which was always going to be the max i could afford. I am hoping that considering my very low disposable income and the fact my son works that they can transfer this debt into hos name - it was after all run up on his additional cardholder card....
Hopefully my OP made it clear im not looking for any loopholes here - the debt will be repaid at a time and pace we can both afford but no way are the ccc getting off scott free - had they not authorised the first transaction (which should NEVER have been allowed) then the other 29 would never have existed because my son would not have tried again.When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)0 -
Do the t&cs state that the card can only be used for purchases or was it just your intention that you would only use it for purchases?
On the original application is spelt out that "You MAY be offered a cash limit. If approved, this will be shown separately on you statement each month". Well i didnt get one (i didnt want/expect one anyway - im over 75 and a lot more responsible that my son!). Anyway it just so happens that i did once accidentally try to do a cash withdrawal on the card - i had inserted it in error instead of my debut card and the ATM rejected it with "Service not available for this account - contact your card issuer" - word to that effect. So, no, cas - at least via ATM wasnt available for this account.When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)0 -
Can you tell us please exactly the card that you have.
In theory he has not got cash but found a way round the supposed restriction on such transactions -- I have to agree with other posters you made him a secondary holder on your account and therefore you are liable for all of the transactions he made.
All gambling transactions attract the charge.0 -
jonesMUFCforever wrote: »Can you tell us please exactly the card that you have.
Asda mastercardWhen you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)0 -
The terms and conditions state that you, and an additional cardholder may obtain cash advances:
5.2 You, and any Additional Cardholder, may use the Card for Balance Transfers (where available) or to obtain Cash Advances (subject to variation by notice by us from time to time in accordance with clause 19).
What was stated on the original application was also subject to variation:
19.1 We may, at our discretion, vary the Credit Limit (and any sub-Credit Limit), the payment due date, the payment period and any of the Charges. We may also vary any Interest rate and the terms of any Promotional Purchases (without affecting any Promotional Purchases already made by you). We will usually only vary one or more Interest rate for business, legal or operational reasons. We may vary any other provision of this Agreement which is stated to be variable. We may also vary any of these terms and conditions so as to make them easier to understand or to take account of developments in technology or to give effect to changes in law, regulation or practice, or for any other valid reason, including (but not limited to) the provision of additional services under this Agreement or if the Card ceases to be available in any jurisdiction or outlet.
https://money.asda.com/credit-cards/cashback-plus-credit-card/cashback-plus-terms-and-conditions/0 -
why note take some advice you gave last night to someone else on the below post?
https://forums.moneysavingexpert.com/showthread.php?t=5879211
ive been through myself with the same company and i think you may have missed a key point..You say your minimum payment was £63 and now they want you to pay £91. Well i am assuming they have (like they did for me) put youy on a TEMPORARY arrangement. By doing this they calculate how much you would pay over three months (say £189 -63 x3) and want you therefore to "catch up" so by the end of month 3 you would be back to normal and the normal payment schedule should resume.
A word of advice though - make sure that this amount is affordable. if its not get back in touch with them. dont get sucked into a spiral of recurring charges. I suspect also that like my father, you had the card from when you were working and just kept ticking over the balance with no real pressure to pay back the debt. They are quite happy making their £60 per month in interest and now suddenly you are retired, struggling to make the minimum payment and breaking the cycle. In my fathers case i found out that his near £5000 balance which had rolled over for nearly 15 years was now all charges and he hadnt made a purchase for over 10 years. In his case he was able to prove he had no disposable income (get pension credit) and is currently paying a nomimal £20 a month, interest free and they will get the rest from his estate when he dies0
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