forgery

[kneetz]

i just want to know the answer to this question: Is it legal to ask someone to use your credit card for a purchase for you and tell them to sign your name. I assume it is illegal, but if the card holder gave them permission and the one running the errand has no intent to commit forgery in fact they do not try to copy the signature only write the card holder's name in their own writing - what is that called - is it still forgery?

[Buenchico]

Hmm. An interesting question.

It's unfortunate that AB's tame barrister (Barmaid)is currently on her hols in Scotland. She'd probably be the expert that you really need. (However, watch out for a reply from Jenna1978, our tame solicitor).

My (purely amateur) opinion is that the Crown Prosecution Service would find it very difficult to achieve a successful criminal prosecution. The Fraud Act 2006 includes the offence of 'fraud by misrepresentation' (e.g. by pretending to be the rightful user of a credit card) but, for a successful prosecution, the CPS would have to show that the alleged offender was seeking to make a gain for himself or for
someone else, or that he was seeking to cause a loss to someone else:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=fraud&Year=2006&sear chEnacted=0&extentMatchOnly=0&confersPower=0&b lanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumb er=1&NavFrom=0&parentActiveTextDocId=2922456&A ctiveTextDocId=2922461&filesize=2772
In the circumstances you describe, any prosecution would obviously fail.

I suspect that the only valid legal action would be the use of civil law (by the credit card company) to withdraw the card and demand immediate repayment of the outstanding balance.

Chris

(PS: When my Mum died, she'd got just �50 in her own bank account. Just before she died, she gave me her PIN and told me to take it out. I used her bank card, and PIN, several days after her death and then notified the bank of her correct date of death. Nobody ever queried the use of a bank card 'by a dead person'. I suspect that,

[kempie]

As an aside, I suspect it unlikely you will find any Credit Card Agreement that will give the cardholder the authority to allow any other person the use of the card. The card is not "yours" - it may be issued in your name for your use but it remains the property of the issuer.

[chas2008]

not sure of the legality of it , but as 'kempie', says , it will be a no,no in the terms and conditions of the card holder..
A friend of mine has a business and customer tried to use his wifes card with pin number...my friend refused to accept it....then got accused of racism !!...
But if the card had been in a males name who would have known?..nobody checks identities with the PIN system..

[NORMANTHEDOG]

my wife very often uses her mums card to get cash for her mother as shes house bound,the bank has oked this with her mother,as for signing thatbis a matter of as you say forgery,but with permission.

[pink-kittens]

I take my other half's debit card shopping and enter his PIN in the machine
I have only ever been questioned once about the name on the front of the card not being 'female' and even after that the checkout girl allowed me to use it and the other half was not with me
I wouldn't attempt to sign his name though

[Archburner]

The signature part of your question is undoutedly illegal,but my wife used my credit card with my permission to purchase something over the telephone.There were no problems there.Similarly, I paid my mum's car insurance using a c.c. over the phone.However, quite rightly the insurers wanted to speak to her as well to verify the transaction. Again, no problems.But this raises an interesting point.Credit card companies approve a sale on someone elses behalf without a signature, then why all the hassle with a signature? Back to forgery, methinks.