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  • FIRST POST
    • appleblossum
    • By appleblossum 8th Aug 18, 10:55 PM
    • 20Posts
    • 4Thanks
    appleblossum
    son gambling on cc card which doesnt have cash transactions
    • #1
    • 8th Aug 18, 10:55 PM
    son gambling on cc card which doesnt have cash transactions 8th Aug 18 at 10:55 PM
    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
    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
Page 1
    • tastyhog
    • By tastyhog 8th Aug 18, 11:24 PM
    • 479 Posts
    • 841 Thanks
    tastyhog
    • #2
    • 8th Aug 18, 11:24 PM
    • #2
    • 8th Aug 18, 11:24 PM
    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
    • pursuitofmoney
    • By pursuitofmoney 8th Aug 18, 11:26 PM
    • 27 Posts
    • 3 Thanks
    pursuitofmoney
    • #3
    • 8th Aug 18, 11:26 PM
    • #3
    • 8th Aug 18, 11:26 PM
    Pay the card off, and help your son, its clearly an addiction.
    • appleblossum
    • By appleblossum 8th Aug 18, 11:27 PM
    • 20 Posts
    • 4 Thanks
    appleblossum
    • #4
    • 8th Aug 18, 11:27 PM
    • #4
    • 8th Aug 18, 11:27 PM
    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
    Originally posted by tastyhog
    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
    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
    • TheShape
    • By TheShape 8th Aug 18, 11:32 PM
    • 1,364 Posts
    • 1,212 Thanks
    TheShape
    • #5
    • 8th Aug 18, 11:32 PM
    • #5
    • 8th Aug 18, 11:32 PM
    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
    Originally posted by appleblossum
    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?
    • appleblossum
    • By appleblossum 8th Aug 18, 11:37 PM
    • 20 Posts
    • 4 Thanks
    appleblossum
    • #6
    • 8th Aug 18, 11:37 PM
    • #6
    • 8th Aug 18, 11:37 PM
    Pay the card off, and help your son, its clearly an addiction.
    Originally posted by pursuitofmoney
    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
    • appleblossum
    • By appleblossum 8th Aug 18, 11:41 PM
    • 20 Posts
    • 4 Thanks
    appleblossum
    • #7
    • 8th Aug 18, 11:41 PM
    • #7
    • 8th Aug 18, 11:41 PM
    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?
    Originally posted by TheShape
    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
    • jonesMUFCforever
    • By jonesMUFCforever 8th Aug 18, 11:50 PM
    • 25,056 Posts
    • 12,311 Thanks
    jonesMUFCforever
    • #8
    • 8th Aug 18, 11:50 PM
    • #8
    • 8th Aug 18, 11:50 PM
    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.
    What goes around - comes around
    give lots and you will always receive lots
    • appleblossum
    • By appleblossum 8th Aug 18, 11:57 PM
    • 20 Posts
    • 4 Thanks
    appleblossum
    • #9
    • 8th Aug 18, 11:57 PM
    • #9
    • 8th Aug 18, 11:57 PM
    Can you tell us please exactly the card that you have.
    Originally posted by jonesMUFCforever
    Asda mastercard
    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
    • TheShape
    • By TheShape 9th Aug 18, 12:16 AM
    • 1,364 Posts
    • 1,212 Thanks
    TheShape
    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/
    • Craig1981
    • By Craig1981 9th Aug 18, 6:08 AM
    • 135 Posts
    • 57 Thanks
    Craig1981
    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 dies
    • missile
    • By missile 9th Aug 18, 6:38 AM
    • 9,600 Posts
    • 4,783 Thanks
    missile
    If you can(?) you would be cheaper to get a loan, pay off the balance and cancel that card.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Enterprise 1701C
    • By Enterprise 1701C 9th Aug 18, 7:58 AM
    • 19,825 Posts
    • 211,751 Thanks
    Enterprise 1701C
    I notice in the thread title that you use the present tense.

    I hope you have now taken your son off this credit card?

    It's no good extracting a promise from him not to do it again, if it is an addiction he will do it again if he can.
    What is this life if, full of care, we have no time to stand and stare
    • frugalmacdugal
    • By frugalmacdugal 9th Aug 18, 8:07 AM
    • 6,293 Posts
    • 5,414 Thanks
    frugalmacdugal
    Hi,


    did you have card linked to PayPal, or did son do that as a way round things?
    Y'all take care now.
    • mcpitman
    • By mcpitman 9th Aug 18, 8:29 AM
    • 550 Posts
    • 371 Thanks
    mcpitman
    Your fault, your decision to give your son access to your credit card.


    Why on earth do you think you are entitled to anything other than the money owed to you from your gambling addict son?


    Why did you give your son access to this feature in the first place if they are untrustworthy?
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
    • meer53
    • By meer53 9th Aug 18, 8:51 AM
    • 9,244 Posts
    • 13,421 Thanks
    meer53
    Asda have not done anything wrong here. Maybe not what you want to hear but it's correct. I can't see them agreeing to any refund of fees or putting anything on 0%. Sort out a repayment plan with your son and get Asda to remove him from the account !
    • msallen
    • By msallen 9th Aug 18, 9:12 AM
    • 861 Posts
    • 956 Thanks
    msallen
    Hopefully my OP made it clear im not looking for any loopholes here
    Originally posted by appleblossum
    I think your fingers must have slipped on the keyboard and accidentally added the word "not" there.
    • kazwookie
    • By kazwookie 9th Aug 18, 9:18 AM
    • 9,856 Posts
    • 123,668 Thanks
    kazwookie
    1. You need to have strong words with your son.
    2. You need to get the card back off your son, and close down any loopholes he has to this account, so he cannot add anything to the amount.
    3. You need to point your son to help for his additicion
    Sun, Sea
    Slinky start date 29.01.18 28 to go / -14 so far and counting!!
    • shortcrust
    • By shortcrust 9th Aug 18, 9:21 AM
    • 2,058 Posts
    • 3,073 Thanks
    shortcrust
    It's simple really. It's the card holder's sole responsibility to ensure they don't go over their credit limit, and that applies just as much to any sub-limits such as a cash limit. Furthermore, some cards charge cash advance fees and interest on gambling transactions but crucially do not treat them as cash transactions when it comes to cash limits.

    Tastyhog (a username which paints a picture) said it all in the first reply. No, no, no.

    EDIT to add: In this situation I can see myself investigating ways to reduce the debt as the OP is doing, but my son certainly wouldn't know about it. I'd make sure he felt 100% responsible for the mess.
    Last edited by shortcrust; 09-08-2018 at 9:27 AM.
    • appleblossum
    • By appleblossum 9th Aug 18, 9:26 AM
    • 20 Posts
    • 4 Thanks
    appleblossum
    Ok confession time...i am the son and yes i have removed myself from the account. Actually i didnt do anything dubious re Paypal. i added the card for genuine household purchases. when my father was ill. It was inutially by chance i saw the bookie took paypal and that was that..not relevent to the dispute i guess but see how long you can go getting woken at 4am to change your fathers clothing after he soiled himself AND hold down a stressfull job during the day..anyway i think i get the consensus of opinion and so far the 36 fees other than interest is not life changing. Oh and i paid 10% back already...
    MODS please close thread now as i think any further responses wont be constructive
    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
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