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BS: credit card fraud (UK)

pixieofdoom 16 Feb 05 - 10:44 AM
mack/misophist 16 Feb 05 - 11:23 AM
GUEST,Mr Red (in barrack room lwyer mode) 16 Feb 05 - 11:31 AM
John MacKenzie 16 Feb 05 - 11:33 AM
Mrs.Duck 16 Feb 05 - 11:43 AM
Morticia 16 Feb 05 - 11:45 AM
pixieofdoom 16 Feb 05 - 12:00 PM
Richard Bridge 16 Feb 05 - 12:37 PM
McGrath of Harlow 16 Feb 05 - 08:30 PM

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Subject: BS: credit card fraud (UK)
From: pixieofdoom
Date: 16 Feb 05 - 10:44 AM

Does anyone happen to know what the law is on using a persons credit card for an online purchase with their consent/on their behalf. Is that fraudulent given that you are not the named card holder, or is fraud only without their consent? It's an issue that's come up at work and I was curious


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Subject: RE: BS: credit card fraud (UK)
From: mack/misophist
Date: 16 Feb 05 - 11:23 AM

"On their behalf" is not the same as "with their consent". If you have consent there won't be any complaint, so the issue is moot. I imagine it's legal, though. It's what happens every time a parent lets the kid use the credit card, isn't it?


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Subject: RE: BS: credit card fraud (UK)
From: GUEST,Mr Red (in barrack room lwyer mode)
Date: 16 Feb 05 - 11:31 AM

with consent - is meaningless if you don't have proof. Written or witnessed.

Then again, "card holder not present" is strictly speaking the responsibility of the vendor, but once the police are involved - fraud is the crime, not theft.

Fraud is defined (legally) as "obtaining money by deception". Maybe using a credit card is in that category.


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Subject: RE: BS: credit card fraud (UK)
From: John MacKenzie
Date: 16 Feb 05 - 11:33 AM

I'm sure that it's illegal.
Giok


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Subject: RE: BS: credit card fraud (UK)
From: Mrs.Duck
Date: 16 Feb 05 - 11:43 AM

Just because something is illegal doesn't mean it doesn't happen. With the latest introduction of chip and pin such things are bound to become more common. I gather they have been around for a while in the US but until very recently here the cardholder neede to be present in a shop to sign the credit card receipt. You would have a very hard time proving that you hadn't been the one to enter credit card details online. Personally I wouldn't let any of my kids within a hundred yards of my cards. Presumably if someone was using a card with your permission you wouldn't query it although the contract would technically be void if the seller believes they are dealing with the card holder. However if they send you goods in good faith it would be the card holders responsibility as they should keep the card from others or report it missing.


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Subject: RE: BS: credit card fraud (UK)
From: Morticia
Date: 16 Feb 05 - 11:45 AM

Pixie, put down that credit card........and that nice gentleman to whom it belongs......now back slowly toward the door with your hands in plain view.......move along folks, nothing to see here.


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Subject: RE: BS: credit card fraud (UK)
From: pixieofdoom
Date: 16 Feb 05 - 12:00 PM

But Jane just said they can't prove a thing...........


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Subject: RE: BS: credit card fraud (UK)
From: Richard Bridge
Date: 16 Feb 05 - 12:37 PM

Why not ask a lawyer (insert lawyer joke...)


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Subject: RE: BS: credit card fraud (UK)
From: McGrath of Harlow
Date: 16 Feb 05 - 08:30 PM

I'm pretty sure - without being a lawyer - that, if you let someone have your credit card that would be seen as implying consent. I doubt if there's anything illegal in using it under those circumstances.

I would think this would apply, even if the credit card comopany had rules against it - those rules wouldn't have the force of law, and any penalty (such as cancelling the card) would fall on the cardholder rather than the person to whom they lent it.


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Mudcat time: 23 May 11:52 PM EDT

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