Need Advice to Get Money Back

A month ago I gave $2000 to one of my friend who is overseas student. Although I don't give money to anyone but as it was urgent matter for him I helped him out. He told me that he have applied for his student VISA and if he don't pay his college fees by tomorrow then his VISA will be cancelled and all the money that he have spend will be gone.

So I helped him by giving my credit card of $2000 to him and he told me that he will pay by the end of the month so that I don't have to pay interest. So he pay his college fess with my credit card which I can see in my transaction. But at the end of the month when I call him he told me that he will transfer it by tomorrow but he didn't and when I call him next day he switched off is mobile and was contact less.

I don't know where he was but I know that he works for a tradie and drives a van but don't know where he lives. From last two weeks I been trying to contact him but worthless. As I have to pay my own credit card debt of more than 20k so it will be hard for me to add more $2000 as I have to pay more interest.

So just need a advice from anyone who know better that what can I do to get my money back? Is there any place where I can make a formal complaint?

Thanks in advance.

Comments

  • +2

    Bikies

    • +24

      Am I the only one who no longer finds "bikies" comments funny?

      • +1

        I just put it down to boredom at the time :)

  • +8

    This is sad OP, I feel sorry for you. Just my 20cents.

    1) Re: the police / formal complaint. Legally I believe it's hard to dispute because you gave him the credit card you took on the legal responsibility. Do you have any formal writing of the deal?

    2) I doubt this would work, as per part 1) but if you're within the period where the Bank hasn't passed on the amount to the College I would contact your Bank and explain and try and get in touch with the College. Working out between them they could potentially cancel the payment. This would be my personal option.

    3) Aside from that do you know where they live? It may be worthwhile trying to talk to them in person. It's a pretty scummy thing to do and for the sake of optimism let's assume that they plan to pay you back, their lack of returning calls may merely be out of shame - talking to them in person may help.

    4) Just a question - how did you get in to 20k debt yourself? There are some good money management courses you can do which sounds like they would help.

  • +6

    $2000 is a lot of money to give to someone who you dont know very well (if you did you would have many ways to contact them, know where they live, facebook, family, etc).

    And it's alot of money for someone who is already in 20 grand debt.

    Do you know who the tradie is?

  • +7

    1) Ring bank and say that there are charges to your credit card that you did not make (play stupid here, you have no idea where they came from - if they say they are for xyz university do you know anyone, you can deny knowing anyone or just act shocked and be like that mofo stole my card!)
    2) They will contest the charges with the university and you get your money back

    Do you have anything in writing? Text messages saying he will pay you back? Even if you do going through the courts is a bad idea.

    But if you don't its even worse and this is how it'd unfold:

    1) You go to police/court
    2) Friend says it was a gift
    3) He has never made a repayment to you and you have nothing in writing to prove it was a loan so therefore the court agrees it was a gift and you're (profanity)

    So if you have nothing in writing then your only option is to put on a good act with the bank and get them to contest the charges. If you do have something in writing, still get your bank to contest the charges first.

    • 1) is actually illegal - this is not good advice. You should be honest and upfront - you yourself could be charged with fraud otherwise.

      • +1

        and if you are going commit fraud, don't write about it on a website the gets crawled by Google.

      • -4

        The end justifies the means. It's not unethical because it's his money. Who cares if some black and white law, which wasn't made to punish people in this circumstance anyway, says you can't do it. Driving without a license and speeding are illegal, what if your mum just had a heart attack and you've got no phone - are you going to tell people not to drive or speed because it's illegal? Just let your mum die, it's the LAW! Stop being so naive, the law is just a black and white guide, use your own brain to fill in the shades of grey and stop being a good little sheep. The world is a better place if everyone uses their own discretion and lets things slide when it's appropriate. For the most part this happens a lot more than your inexperience and naivety is letting you believe, that's what courts essentially do. People get let off for murder due to circumstance, yet according to you circumstance is irrelevant. You're just lazy and can't be bothered thinking about things on a case by case basis because it's easier for your tiny brain to just say Yes/No - it's the law. People like you shit me to tears, way more than it should really.

        • +1

          Wow.

        • The end justifies the means.

          The 'end' being that OP goes to jail for fraud after following some ill-considered advice given to him by some random person on an internet site? Not justified at all.

        • @Geewhizz:
          He's not going anywhere. The bank rules in favour of the guy whose money it is and simply refunds the money.

  • edit. as above

  • +7

    Rule 1. Never lend money to friends or family. If you do, you'll have to see it as a donation.

    • +2

      Rule 2. Take adequate security BEFORE lending money to a non-family-or-friend.

  • +2

    Tell Immigration he is working more than he is allowed.

  • +4

    There is only one rule when the words friend and money is used in one sentence - DON'T. That's what relatives are for. Seriously.

  • What shitstorm said:

    Call bank and say that the charge was made without your permission. They'll investigate and prove that your fees were paid in a different way (ie HECS or whatever)

  • Try asking the college where he lives? They should at least have his mailing address, and they should be able to provide it to you if you explain the situation and there should be proof within the college records that he paid with your card.

  • If you can't afford to loose it, never loan it.

    That goes for parents who try to help their kids out with securing their own homes against their kids mortgages. I know of a number of people who have had to sell their already paid for homes as their kids have defaulted on the arrangement.

  • +1

    Hey I feel for you!
    We lent $2000 to my sons school friends parents who had to get money together to return to Hungary. His wife couldn't get a job here because of her limited English and he is a jeweler who also couldn't get work. So after the very sad story and tears because she had to sell all of her jewelry we decided to lend then $2000. Our house is paid off, we have positive geared rentals and cash in the bank so if they didn't pay it back it wouldn't do us any harm. They assured us that they would pay us back and 2 years along they still have not. I would rather give the money to my retired parents and that's what I will do if I ever see a cent. I've had several emails saying will pay you back but they missed there deadline of September last year. A deadline that he said it would be paid. Now emails etc go unanswered.
    I WILL JUST BE A HARD BASTARD NEXT TIME AND SAY NOT A CHANCE. BEING NICE WILL JUST GET YOU SCREWED OVER!!
    Life goes on……

  • Why would anyone with a $20K credit card debt lend money to someone when he has to repay his own debt 10X that amounts befuddles me. There is a time to draw the line between compassion/kindness and common sense.

  • +1

    As others have said.

    "So he pay his college fess with my credit card which I can see in my transaction"

    Chargeback, they will cancel his enrolment, he will get the arse out of the country and you get your money back. Done and dusted.

  • Thanks a lot everyone for giving your valuable time to reply me back. I Heartly appreciate that.
    As you know that I have already given him a money by trusting him but now I can't go back. So really need a good suggestion that how to get my money back with legal options like is it possible if I go to Police. Will they help me? I have also got a text message send by him saying that he will transfer the money from his account which he didn't. Also the payment was clearly shown in my credit card statement which he have paid in his college. So having this is it possible to go somewhere for legal help?

    Thanks

    • +1

      Do a credit card chargeback through your bank. They will give you a form to fill in, they should fax it to the banks head office on your behalf.

  • This may be a bit dodgy but can you say he stole your card and used it. Well he stole from you effectively lying that he would pay it back, so maybe you should just say he came to your house and wrote down your card details and used them

  • Did he pay his uni fees in person or online?
    If in person, did he use your card or did you pay it for him. If he paid for it in person using your card then you can say that he didn't have your authorisation and do a chargeback.
    If online, did you have to log on and then go through a portal, or did you have to enter a reference number. If you had to enter a reference number, call and tell the uni / bank that you must have accidentally entered the wrong reference number and do a chargeback / refund.

    To me the above 2 chargebacks are legitimate. Any other chargeback will be operating in the grey area…probably still worth a shot.

    Police can't help you get out of this unfortunately, given you authorised the payment.

  • +1

    Op, can u confirm it is an australia bank credit card??

  • Some reasonable advice in regards to doing a charge back. I'd be tempted, but of course I wouldn't advocate anything illegal.

    If you can get hold of the guy, I would tell him that the bank is reversing the transaction, they're just waiting on you to sign the last form. This will motivate him as he'll think he's about to be un-enrolled.

    • any successful chargeback would most likely require OP to lie though. And it might have its consequences

      Card wasn't stolen.

      There hasn't been any fraud

      Card usage was authorized. Hell OP gave it to the person directly.

      • exactly.

        I'm not saying do the charge back. just tell the guy you are. It should motivate him

  • Any update on this?

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