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.

[maggiebee]

Smow, the transaction may have been with your son but it was your card details that they used. Maybe have a word with the Citizen's Advice Bureau?

[FredPuli43]

Follow Barmaid's advice. There is no evidence at all that you ever guaranteed any such loan. You never consented to it. Volunteering to pay a past debt incurred by someone does not constitute any promise or guarantee as to any future debt. And, indeed,all the evidence is that you made it perfectly clear that settling the one debt was final.

[Barmaid]

Keep us updated Smow. If you have to sue the barstewards there are enough lawyers on here who will talk you through it step by step.

[Smowball]

Hi guys, I have jusy 5 mins before I go to work! last time he got a loan paid into his account, then lost his job anicked - I ramg them and paid it off within a week so the money came from my bank. They swore they didnt hold my card details and they would also block my son from having any more loans. they clearly lied - he must have applied for another loan, not paid it again and they have just looked on their system and taken it from my card again! I haveny spoken to anybody from toothfairyfinance, had any letters,txts,phonecalls - nothing!!

[Smowball]

Excuse spelling,in a hurry!! spk later xx

[Prudie]

Please don't take this the wrong way Smow but is there any way your son could have supplied your card details again? I had an ex who was milking money from my account for months as he sneaked my card out of my purse. Talk about love is blind.

[Smowball]

Have just spoken to Toothfairyfinance again. They refused to discuss details as it wasnt my name on the loan(!!?) but as soon as I mentioned solicitors he put me on hold, came back and said they shouldnt have taken the money. They dont want to refund me personally incase my bank do too and I get it twice(!) but they are going to email me a letter saying they dont dispute the fraudulent transaction so that my own bank will refund it. Cheeky sods!

[Smowball]

I know desktop, but sometimes it helps if you just take things into your own hands and deal with it. Its the only way sometimes.

[honeydip]

Well at least you know you will eventually get the money back and you know what to do if you runa a bit short while waiting. glad it turned out OK for you.

[Barmaid]

i think the situation is this:-

when you paid off the original debt you must have given your debit card number. This, in effect, is tacit consent for them to take any payments of a recurring nature. However, you then spoke to them and said "take my card details off your system". At this point one of two things have happened:-

1) Son has given YOUR card details to repay them. (UNlikely, i think since i imagine his MO is to run up debt and the not face his responsibilities). If this IS the case, it is fraud - they will undoubtedly look to your bank to refund you.

2) They have simply decided to use your card details to reclaim their cash despite the withdrawal of consent. this being the case, this is an unauthorised payment and THEY should be refunding it.

My money is on number 2 happening. Your son is not dishonest, he's just stupid. IF I am right, you can tell them to take a running jump.

Smow - collect as much detail as you can, dates, phone calls (check bank statements phone records etc), write as much as you can from memory. Get it all compiled at this stage in case it goes **** up.

[Smowball]

Well thankyou, you wonderful AB'ers. After calling toothfairyfinance and mentioning a few choice legal questions/terms suggested by you all, I received an email from them within half an hour admitting full liability, which I forwarded onto my bank, and all the money was back in my account by 7pm last night!! Hurrah for the little people : )

[Tuvok]

Well done.

[EcclesCake]

Brilliant news Smow!

[boxtops]

Brilliant smow - well done. Now make sure (just in case) that you distance yourself from anything to do with said son's finances.....

[factor-fiction]

Good result- but does the debt still exist though against your son or has it been written off?

[flump1]

Smow, I am so pleased you have sorted this worrying mess out. It must have been awful to realise what was going on. Make sure it can not happen again, with both the lender and your son. If he were mine oh how I would have chewed him up . Take care now x

[Dee Sa]

well done smow you must be soooo relieved to get your money back.
When he comes back all sheepish and he will, they always do-no money nowhere to stay - I am sorry mum [ been there done that] and he is your child, then tell him his "fortune" and in uncertain terms no more help and as a precaution hide your cards or dont leave your purse around.

[Smowball]

Well I have cut up my card so they cant take anything from it again. they refused to tell me whether this was an old bill of my son's or whether he had taken out a new one, data protcetion they said! So dont know what they will do now. But seeing as my bank refunded me and not them then techcnically they have still been paid?