is this a breach of contract

[nala328]

i recently purchased an online service for a games console which required me to enter my visa debit card details including the cvc (card verification code) which also involved these details being stored for future transactions
the next day i noticed several transactions from my account to this gaming network, i later found out that my young son had made further purchases using the card details stored.
i contacted the company concerned who informed me they will investigate but it is highly unlikely i would get a refund.
i was shocked by the fact that they were able to allow further purchases without me actually inputing my cvc for these transactions.
their privacy policy clearly states that transactions made would require cardholders details (which they stored) and the card security code (which they are prohibitted by law to store)
have they breached any contract or consumer protection law?

[leclerc]

Re: is this a breach of contract

Unfortunately not. What exactly did your son purchase? Are they items that are returnable within 14 days?

[nala328]

Re: is this a breach of contract

he purchased online gaming packs which the seller says the distance selling regs do not apply as they are available for use immediately
just like to clarify my son did not have access to my cvc for the purchases he made

[leclerc]

Re: is this a breach of contract

he purchased online gaming packs which the seller says the distance selling regs do not apply as they are available for use immediately
just like to clarify my son did not have access to my cvc for the purchases he made

I suspect that the details stored are sufficient. Were the gaming packs used?

I think the issue is this: if your son had access to the site, ie saved passwords(never do that) for a site then as far as the site is concerned it was as good as you having access to the site.

[Guest]

Re: is this a breach of contract

Instigate a chargeback, under the VISA Debit Chargeback Scheme. You may get details of this from your card issuer. For more information, search the forum for "Visa chargeback."

[dad]

Re: is this a breach of contract

Nala,

How old is your son? They may have committed an offence falling within the definition of a 'circular to a minor' under s50 of the Consumer Credit Act.