Is it the fault of the company or the individual ?

[jridgeback]

If someone under 18 years of age were to apply for a credit or store card, and successfuly get one, and the police were to find out - who would be held responsible - the individual for lying when applying for a card, or the credit card issuer for not carrying out the correct checks ?

[Mrs_Pegasus]

IMO the individual who applied for the card. 

As long as the company as taken 'reasonable' steps to verify the applicants details i.e. credit report/electoral roll I cant see they can be at fault.

[Sammy Snake]

Lying in order to get credit is fraud, no matter how old you are.

[acw]

Age of criminal responsibility is 10 - so I think the child would at least be partly responsible.  I agree with Sammy Snake, although mrs_Pegasus makes a good point too.  If you, or someone you know, is in that situation, then I suggest you hotfoot it to Citizen's Advice Bureau to get some advice.  I didn't mean that accusingly by the way! :-)

[twiglet4frog]

the individual would be the most accountable as they are obtaining something by deception and that is fraud.

However if it did happen the issuer would also be investigated to make sure that all reasonable steps were taken to stop this happening.

[woofgang]

so does that apply to the children who set up agreements with ringtone clubs even thought the ads do state that you must be over 16??

[stevie21]

"Age of criminal responsibility" may or may not be 10 but the age at which a debt can be pursued from you is 18 so a child could spend lots of money on a card and not be liable for the debt.
Hopefully, they'd get a good skelping in other ways from a clever lawyer/judge.