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BristolSam

Using someone elses credit card

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Im sure this has been covered before but I can't find the thread anywhere?

If someone gives you their credit card to use in a supermarket and you have to either sign for it, or enter a pin code, are you commiting any offence?

Personally I think no as long as they have given you permission to use it, and by signing for it you are simply signing that you have authority to use the card. However my friends seem to disagree and think its fraud as you are misrepresenting who you are?

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It's not fraud because it's not dishonest if you are using it with someone's permission.

Exactly, I was thinking along the same lines of theft ie dishonestly appropriating etc. There is no dishonesty if you have permission?

As mentioned I think it could simply be a breach of contract with your card holder.

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I think it just breaches the contract of the bank and the card holder

That's exactly what it is! nothing else.

I let my wife use mine quite frequently when I cant get to the shops. Because of chip & pin, nobody bothers to check the name on the card anymore.

Edited by pmtts

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The only problem being if fraud is ever committed in connection to your account. When you answer the question "Have you ever given your card to another person or revealed your pin number?" and you say "Yes" (or worse still you lie and are caught out) you could end up not being covered for the £3000 that lands on your overdraft, contrary to what many people think some banks will thoroughly investigate claims/insurance and gather CCTV footage from various stores, supermarkets, casinos or petrol stations, some tills will even itemise the last four digits of the debit/credit card along with the CCTV.

Both myself and my wife have had fraud happen to us. Around £3k each and they did trawl through CCTV. I would imagine even if they had the faintest whiff that someone else had been using our cards (with permission) they would have just have left the charges on and expected us to pay. We never ever disclose PIN details, not even to each other. If we want to share accounts then banks will issue a named 3rd party card.

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I think you are both right but there is nothing the bank or credit card company can or will do about it. If I loan my bank card to my wife and disclose my pin to her then *I* am in breach of the contract with the Bank which states that I shouldn't do such a thing.

Where it get's interesting is if my wife writes the pin number down then loses card + pin. If someone else gets hold of, and uses the card, then I could be liable because I disclosed it in the first place.

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Yep, I've caught people with other people's cards before and the conversation goes something like this:

"does so-and-so know you have this?"

"yes"

"what's their tel no?"

(rings no - if there is no reply they get nicked)

"hello so-and-so, does this person have something of yours? What sort of card is it? Etc etc"

"i'm arresting you on sus of HSG..."

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If it's a credit card then the bank's credit is being used in a way they do not permit - so would it not be fraud? I wouldn't imagine this would stretch to a debit card, because that is (pretty much) your money.

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Threads a couple of months old but I agree that there would be no offences committed if a persons has authority to use someone else's card. For the offence to be complete there would need to be a false representation, i.e falsely representing that you had permission to use a credit card when you did not, if you had permission there would be no false representation and as said it would not be dishonest.

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Threads a couple of months old but I agree that there would be no offences committed if a persons has authority to use someone else's card. For the offence to be complete there would need to be a false representation, i.e falsely representing that you had permission to use a credit card when you did not, if you had permission there would be no false representation and as said it would not be dishonest.

Would there not be a false representation to the retailer that you were the owner of the card (and therefore the person to whom the bank had issued it)?

If I walk into Tesco and say "This isn't my card and that's not my signature on it, but I would like to use it to pay for my shopping please" then I wouldn't expect them to let me to use it to pay. So when I quietly slip it into the chip and pin reader and tap in the code then by omitting to say anything I'm falsely representing to the shop that it's my card. Clearly there's a financial gain in it for me, because otherwise I'd have to pay myself.

If I told the assistant immediately that it wasn't my card but they were still happy for me to use it (and I had permission from the card owner) then I guess it would be rather different.

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