Advice Needed Please!

[Smowball]

Will try & keep this short.

Last year my older son took out one of these advertised payday loans,nobody knew. He didnt pay it back and rang me in panic - I called them and settled it. Months later he did the same thing, I only knew when I got a letter. i called the loan company - they said they would block my son from having any more loans and hadnt stored my card details. i put my son in touch with debt solutions etc who made payment plan with him.

Tonight I have checked my bank and nearly all my money has gone - to same debt company.I have called them in a panic. My son has called them and taken out yet another outrageous loan - and not paid it back. And seeing as they had my card details on their system, which they promised they did NOT store, they have taken it out of my bank. Its practically all my wages. They are refusing to give it back as I cant prove I didnt give my son permission. What do I do?? I dont even know where my son is - he has buggered off a few weeks ago after getting into trouble.

[Old_Geezer]

I hope you get the usual good advice, but my gut instinct is that it ought not be on you to provide proof you didn't do something. It should be up to the loan sharks to show that you gave them permission to retrieve the due payments from your card.

[Smowball]

OG - its just unbelieveable. I have checked this companys website(can I name them??) and it says that you give them a valid mobile number - he doesnt even have a mobile - an address - he is staying god knows where - and your job details - he isnt working!!

[Jeza]

Smow, I feel for you, I don't have an answer for you. My son run rings round me with money. Different circumstances for me but still cost thousands. sadly he is no longer with us.

[DJHawkes]

how are they still lending him money when he has been a bad debt! that's irrisponsible on their part, they are paracites. Can't you stop the payment to them from your bank like a paypal transdaction?

[Prudie]

God you must be feeling sick. You could try approaching your bank in the morning, ask what authority they had to pay the money. As for your son there isn't really anything positive to say. I feel for you.

[Tuvok]

Contact your bank and card issuer.

Cancel the card that has been used.

[Smowball]

The loan company wont discuss it with me as the transaction was with my son!!!

Have spoken to my bank and have had to cancel my card to stop them taking any more, so I have no card for a week. I feel quite sick - I will have worked all month for nothing,

[tenrec]

So sorry to hear that Smow. Sorry I can't offer any advice. Best wishes.

[Smowball]

These companies are downright shameful!!

[Jeza]

Smow. You have lost a month's wages. Sad but you now know you're card is cancelled, it won't happen again............Unless you allow it.

[Old_Geezer]

Hope someone with legal knowledge can tell you you can claim it back with interest. You can then take you cue from the percentage they charge.

I take it your older son is old enough for you not to be still legally responsible for him.

[Smowball]

He is 19.

[Barmaid]

I think you can only use chargeback if it for less than £100 and for "items bought".

Immediately write to the company concerned and state you want a) all the details they hold on you pursuant to the Data protection Act (do something called a subject access request0 and b) full details of when YOU authorised them to take this further payment from your card. Make it very clear you have NOT authorised it, they have therefore fraudulently processed the payment (and the burden was on them to check this) and you are looking for full repayment or you will consider action under the Small Claims Procedure.

Contact Trading Standards for the area in which they are located.

[Zacs-Master]

That's terrible smow. CAB might be able to give you some advice. Wiki says they (sharks) have to abide by OFT rules see here
http://en.wikipedia.org/wiki/Payday_loans_in_the_United_Kingdom#Regulation

[Barmaid]

Send the letter recorded delivery. And track it.

Give them 14 days to respond and then follow it up.

[vodkancoke]

Surely, as OG has said, they have to prove that you allowed them to take the money from your account. It isn't your son's account so how can he give them the authorisation? Or maybe I'm a bit confuzzled!

[lcg]

if it is 'w', then the are not interested in discussing anything with anybody unless the have their money. i would suggest seeing a solicitor and get them to write a letter to the company as you did not give your permission for your son to have your money. you could also report it to the police as fraud/theft i would imagine. i would....

[vodkancoke]

Sorry BM and Zacs, your answers weren't there when I pressed submit lol

Ignore my answer Smow :) xxx

[Barmaid]

Might also be worth doing a "Fake application", but not actually hit the "Submit" button in order to show that as part of the application your card details didn't need to be given. Screen print the resulting screens.

[Mass_Hysteria]

So the loan is with your son and you agreed to make payments originally. Now the card has been cancelled (well done) they will chase him for future payments. Harsh reality for him, do not bail him out again Smow or it will happen again and again. Tough Love.