MoneyShop took my payday loan out someone elses bank account!!

[carlsberg87]

I had some cheques with the money shop so i cancelled the cheques so i could pay the cash. Earlier in the year i had deferred the cheques on a friends debit card (the money shop employee knew it was a friends card and asked to speak to my friend to authorise it) and no, as the money didnt come out my bankaccount they took it out my friends!! Surely this is illegal?! How do i make sure my friend gets her money back asap?

Please can someone help?

[littletinypieces]

I would have thought that this constitutes theft as your friend did not authorise the payment and the debt is not in their name.

 

I have had endless problems with the moneyshop and my first piece of advice is to make sure all contact is made in writing, by recorded delivery.

 

I would write to them stating that you believe they have acted illegally and that if they do not refund the amount within a certain time period you will make a complaint to the FOS. For every complaint the FOS investigates about them they are charged £400 so if te debt is less than this they may refund your friend and write off the debt.

 

If you do not recieve a response in time or one that is satisfactory then you can complain to the FOS.

 

Your frend can also threaten them with legal action as the debt is not in their name.

[Chris1933]

I am no legal eagle, but this is my take on the matter

 

For it to be theft, they would have had to WILFULLY taken the money from you're friends account with intent to permantly deprive and not been a mistake i.e thinking it was you're card.

 

Without knowing how the cheque thing works i can't comment on this but if you can subtantiate this was NOT a mistake (i think this should be easy enough given they TRIED your card and then debited you're friends when your card declined) then you can fill a MC11 form in.

 

This form is a official police statement - It's better than reporting it at you're local nick because in my experiance the basic plod isn't that au fait in these matters and may try to fob you off by telling you it is a civil matter (ie not for police)

 

By filling in the MC11 it shows mr plod you know what you're talking about and they will be more inclined to activly do something about it.

 

A visit to the shop by the police investigating theft IMO will be more effective and quicker than FOS.

 

However - this is just an alternative (albiet the road i would take if i was in that possition) the FOS may be just as effective but IMO it is a slow process.

 

 

NB - Youre friend will have to report it - not you, she was the one who was stolen from

Edited January 15, 2009 by Chris1933

[theSORROW]

I would add that the Money Shop, despite their many faults, will do anything to cover their backs.

 

My local store has breached the Data Protection Act so many times it's untrue, and when I attempted to complain their head office kept in constant contact with the associated manager to ensure their story was water-tight. In fact, when I first made my feelings known (on this occasion they had released information about my brother's dealings with them, to me, in a shop full of people) they refused to tell me the name of the store manager. It was the manager who had actually committed the offence, and as she had taken the day off when I went in to collect the necessary details the assistant manager (secretly) telephoned her to a) keep her up-to-date, and b) talk to head office beforehand.

 

I've even had representatives of Frederikson International (on the Money Shop's instruction) shouting at me over the phone, instructing me to pay debts that didn't actually exist and were over 12 months old in any case.

 

They're a shambolic organisation.

[littletinypieces]

I completely agree- be very careful when dealing with them. For the past 3 months I have had phone calls every day, they even started calling my parents despite me asking them not to. I have since sent them a letter of intent to take action over harassment if the calls did not stop and so far have not heard anything.

 

They also refused to deal with a representative on my behalf which is a breach of Section 40 of the Administration of Justice Act.