Fraud

[naomi24]

Having split from his partner, a friend’s son has since discovered that she ordered several thousand pounds worth of clothing and other items using his bank cards. As far as I can ascertain having entered into credit agreements with on-line companies, she has now presented him with a number of final demands for payment and the companies involved have told him that since he was living at the address when the orders were placed he is responsible for payment.

It’s impossible for him to prove to his bank that he didn’t place the orders, but he didn’t, so what’s the solution? Must he just grit his teeth and bear it?

[emmie]

i wouldn't grin and bear it at all, but apart from getting the CAB involved or a decent solicitor and take her to court, have no other suggestion.

[emmie]

how did she get hold of his cards?

[naomi24]

emmie, I told him to see a solicitor, but I just wondered how he stands in law. He lived with her - his cards were around. She just took the details. I don't suppose many of us guard our cards from our partners.

[emmie]

I would tell him to see a solicitor, you can't let someone just do that, walk over him. I guess some people don't guard their cards, i am not one of them.

[emmie]

surely the bank can help, if he gets to see a manager and explains his dilemma. I wouldn't let her get away with it, whatever it costs.

[naomi24]

Would you have hidden them from your husband? I don't hide mine from my husband.

[naomi24]

He's spoken to the bank - and has since changed banks. I don't think he got much joy from them.

[emmie]

i guess i didn't hide them as such from Mr Em, but we weren't married, but were together a long while.

[emmie]

at least he has changed banks, he should have got some
joy from the original bank. That's what they are there for to help their customers, or so i believe......

[cassa333]

It would depend on if historically she was allowed to use his card.

I often use my husbands card. He gives it to me when I go out and I have the details if I want to buy anything on line. He will even hand it to me at the check out.

This all shows an intent that I have permission to use it.

[naomi24]

I guess the bank's dilemma is that it doesn't know who placed the orders.

[naomi24]

//It would depend on if historically she was allowed to use his card. //

Wouldn't that be his word against hers. Cassa? Who's to know?

[cassa333]

It’s the implied permission I was alluding to.

[emmie]

take her to court, its a bit of a long shot but maybe the threat of it would make her take a step back.

[cassa333]

If she only ever used it online i suppose it could be one word against the other.

Did she ever use it in person? Did she get cash out? How did she know his PIN number?

I know mu husbands pin and bank details (because he allows me to use it) but he doesn’t know mine and would have great difficulty in using it with the pin.

[dannyk13]

Have you thought about reporting it to the police? I f they accept that a crime has been committed they will allocate a crime number to the case which the bank should accept as proof that you did not order the goods.

[emmie]

would the police deal with something like this?

[bhg481]

The botton line, from the bank's point of view, is that you are told to protect your cards and not give PINs etc to anybody; he broke that rule, so the fault is his. It's a perfectly understandable thing to do with a partner you trust (we do it) but he has still broken the rules.

[naomi24]

Danny, it isn't me. As far as I know he hasn't done that. I do know he's spoken to the companies involved and to the bank.

[naomi24]

bhg, doubtless he's broken the rules, but that doesn't give anyone carte blanche to commit fraud, does it? I just wonder where he stands in law.