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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3762
Experience:  Owner at James Bruce Solicitors
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My grandson age 8 used my card and spent 846 on games with

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My grandson age 8 used my card and spent 846 on games with apple within 5 hours we realized what he had with apple we rang apple and they said they would refund the money which they only gave us 160 took to
JA: Where are you? It matters because laws vary by location.
Customer: The games back and said we would get our money which we didnt get it then they said we wouldn't be getting it our bank said if we got an email from apple saying they would've give us it back they would help apple refused to do this we live in keighley
JA: What steps have you taken so far?
Customer: Spoke to apple a few times saying they would give us our money and then changed there mind
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

can you tell me if you registered your card on the Apple account and then gave the device to your grandson to use enabling him to spend on your card (albeit without your permission) or did he take your card and register it himself without your permission and then use it please?

Customer: replied 15 days ago.
I bought somethink for 10 pnd of apple my detials were on the site and he used unown to us but within 3 hours I realized what he had done and notified apple but they only gave us 160 back and they said that's we were getting

Thank you. so what you say, the position is that you registered your card at some earlier time and then recently you let your grandson use a device with access to your apple account and he placed multiple orders without your permission?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if you're grandson registered the card on your Apple account without your permission then you would be entitled to a full refund and could claim a chargeback if necessary through your card issuer on grounds of fraudulent use. however, the position would be different if you registered your card yourself on the Apple account and then allowed your grandson use of the device that is authorised on your account. If that is the case then I regret the position will much more difficult because legally, you authorised the card on the account and then gave your grandson the device allowing him to use it. That you did not authorise him to make the purchases would not change the fact that you authorised the card on the account and then allowed someone to use the device. Legally, typically this would make you liable for the purchases even though you did not personally make them and there is no compulsory cancellation right that attaches to digital purchases.

If the latter of the circumstances then you may still contact your card issuer to ascertain if they can take any steps on your behalf but the chances be that they would be limited in what they can do. If this is the case, you would be limited to escalating a complaint to Apple and continuing to make a nuisance of yourself in the hope that they agree a higher goodwill refund. Apple are unlikely to be able to to recover the monies from the developer that have been paid so any refund will be being made out of their profit element.

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 14 days ago.
I did not no my grandson had my card

So did your grandson take your card and register it on the Apple account? Or did you register it previously and he just used the device to make payments through your apple account?

Customer: replied 14 days ago.
He did it unown to us

So if your grandson took your card and registered it on your Apple account, as above, this would be grounds to seek a chargeback as this amounts to fraudulent use of your card. It is unlikely due to his age that he will suffer any criminal consequences as the minimum age in the UK to be charged with a criminal offence is 10 years though it is possible that there could be other non criminal consequences which you can read more about here:

https://www.gov.uk/child-under-10-breaks-law

You may wish to liaise with his parents before taking a decision to report the matter as fraud and seek a chargeback.

Customer: replied 8 days ago.
I just want my 50pnd back please
Customer: replied 8 days ago.
Will you please credit my account with 50pnd I dont understand why you took it

I am very sorry to read of the above. Unfortunately, I do not work directly for JustAnswer and as such I have no access to your account whatsoever and so regrettably however much we might want to, we cannot help you with account-based queries. However, the friendly customer services team will be delighted to assist you straight away if you care to drop them a line either by phone, chat or email at the contact information below. I hope the above is of some assistance.

https://www.justanswer.com/help/contact-us

I have forwarded the additional question you opened to customer services so they may be in touch with you in any event

Customer: replied 8 days ago.
Please will someone tell me what's happening about my money
Customer: replied 8 days ago.
Surely someone can tell me what's happening to my 50pnd

If you contact customer services they will help you. I have no access to your account as I am an in independent lawyer:

https://www.justanswer.com/help/contact-us

0***-***-****

Customer: replied 7 days ago.
You took 50pnd out of my bank without my consent as I I cancelled my account so would you pls put it back

I can only respectfully ***** ***** again to my message above. I cannot but customer services can deal with this for you. please can I encourage you to contact them

Customer: replied 7 days ago.
All I want to no is am I getting my 50pnd back pls will you tell me

I'm very sorry but we are not making any progress. I do not work for justanswer so can't help you with your account as I don't have access to it. Please kindly contact customer service. They will help you. I cannot. I will respectfully ***** ***** of this question now

https://www.justanswer.com/help/contact-us

0***-***-****

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

You need to contact apple again in writing and explain the situation telling them the purchases were unauthorised made by a child. Ask them to either refund the money themselves or again ask for the letter informing you that they will not refund and reason why they won't.

Unfortunately, it is very difficult if not impossible to prove that a child made the purchases and not a parent and if parents locks were not used, then sorry to say but Apple or Amy other gaming company do not have to offer a refund.

Your option then is to go to the bank and inform them Apple will not refund and the purchases were unauthorised by you. The bank may assist, but again they would likely also want to know how an 8 year old got hold and was able to use your card.

The burden of proof will be on you that you did not give the card to your grandson or that you dod not make the purchase yourself fo them to use.

The previous advice by the last expert also still applies.

james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3762
Experience: Owner at James Bruce Solicitors
james bruce and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Have you got the address for apple

You may contact Apple Online Store by mail at Apple Distribution International Ltd., which is a company incorporated in the Republic of Ireland with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland., by freephone on 0800(###) ###-####from Mon-Fri 08:00-20:00, Sat-Sun 09:00-18:00, or by email at *****@******.***. You may contact Apple Retail at our registered business address at c/o TMF Group, 8th Floor,***** London, EC4A 4AB, United Kingdom.