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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Fraud

52 replies

User141665468 · 27/05/2017 10:57

Not really a AIBU but I need some advice and this is a busy place.

Someone I know has racked up debt in my name. I authorised them to use a card for one transaction and it's escalated and now cards are at the limits and I only found out because I was refused credit. I don't want to prosecute this person, I've put a fraud claim in with a card but just wondering if anyone knows what happens next?

OP posts:
Cacofonix · 27/05/2017 11:02

Unfortunately sharing your security details and pins are a breach of your account conditions so you may find that the bank consider you liable for all the transactions after you gave another person your details.

ChampagneCommunist · 27/05/2017 11:03

Civil claim for the return of the money? You can claim I line via the Small Claims service

Original poster
User141665468 · 27/05/2017 11:05

Does that remove the debt from my name?

OP posts:
ChampagneCommunist · 27/05/2017 11:09

No, it means you claim the debt back from her. Does she have money or assets?

CadnoDrwg · 27/05/2017 11:11

I'd be surprised if your fraud claim is authorised as you've given your card details to someone else.

The debt is in your name and will remain so. Your only chance of getting any money back is via a claims court but you may need to make a formal complaint to the police to give your complaint any substance.

Speak to CAB though for official advice.

Millionsmom · 27/05/2017 11:11

IME what happens next is YOU will be chased for the debt as you gave your friend your card details in the first instance. Banks are very clear about this. You'll probably find you can't get another card til it's paid off or even at all.

I discovered yesterday that someone had cloned my card and racked up £3000 worth of debt in a matter of days. The bank very forcefully told me, if it turned out I had 'lent' them my card at all, all unauthorised transactions would be classed as authorised and I'd be liable.

I'm sorry your friend/family member has done this to you.

ThouShallNotPass · 27/05/2017 11:38

Unfortunately if you have them your card details even once you are legally liable for any debts.
My own mother racked up £20K on a business loan and overdraft (on her husband's behalf) in my name and as I had stupidly signed something once, it was legally my debt.
They closed the Ltd company not owing anyone by using the money they borrowed in my name. She even called up the bailiffs chasing me and pretended to be me, offering £100 a week. Which of course she didn't pay but they then expected me too.
I lost my job with that company closure during my maternity leave and have been a sahm ever since. They did start up a new company with the same workers and clients but a different name just weeks after though.

She shrugged and told me to just go bankrupt.

It's £20K and legally I have no comeback. However, once I explained to the bailiff company that it wasn't me who had spoken to him (took a wee while to explain to him that even though the person on the phone sounded like me and had given him important details such as my full name, address, dob, previous addresses, my mother was privy to all that information and of course it was her) he - after kindly saying he was sorry I had a mother who could do that - said he would return the debt to the bank and label it unrecoverable and leave it to the bank to deal with. I've heard nothing for maybe 6 or 7 years.

I'm sorry OP but it's extremely unlikely you can get out of this as easily. Your friend needs to get a loan and pay you back now. Tell her to google Bad credit loans.

Original poster
User141665468 · 27/05/2017 11:46

We're talking 15k. One card has put it on hold and they're investigating it, so the outcome will be I'm liable because I've authorised one transaction? They said it's my choice to prosecute, they'll just clear it out of my name. Doesn't sound like that's likely if I'll be liable for it?
She has tried to get a loan, she can't get accepted for anything. It's a difficult situation.

OP posts:
RunRabbitRunRabbit · 27/05/2017 11:50

Why won't you prosecute?

The person stole 15k from you. That's a pretty fucking serious offence. The person obviously doesn't give a flying shit about you.

RunRabbitRunRabbit · 27/05/2017 11:55

Is it your daughter? Maybe 18/19 and used to spending your money, didn't understand properly about how credit cards work? I can't imagine any other scenario where I wouldn't prosecute.

Penfold007 · 27/05/2017 11:58

There's no fraud and you will be held liable for the debt. One of the conditions of the card issuers are you keeping your details safe and sadly you failed to do this. Is the person prepared to re-pay you the money or are they denying liability? Maybe a payment plan with them might work.

BMW6 · 27/05/2017 11:58

"Difficult situation"??? Your friend is a thief who has stolen £15,000 from YOU!
Of course she can't get a loan - she has lousy credit (defaulted before perhaps?) and you have been mug enough to voluntarily give her your card details so she can rob you!

You could take her to court but I doubt she has the ability to pay you back, so frankly I think you are totally fucked. Sorry to be so harsh but I hope lots of people see this and learn a vital lesson.

Original poster
User141665468 · 27/05/2017 12:01

She's not denying it and she is making payments to pay it off but I can't get credit or anything while this is in my name.

Could I even prosecute if it's my responsibility?

OP posts:
harderandharder2breathe · 27/05/2017 12:03

If you won't take legal action and you have previously given the person your card details, the credit card company will understandably be unsympathetic to your claim of fraud

PeanutButterJellyTimeforTea · 27/05/2017 12:04

You are going to have to prosecute if you want any chance of having the debt cleared and/or removed from your credit record etc.
If you don't there is nothing at all you can do.

Slimthistime · 27/05/2017 12:08

You'd have to take out a private prosecution saying you gave your PIN for one thing and then got conned
Can you prove you were conned? For example a daughter might say "mum let me have her PIN to spend what I want".

Iruka · 27/05/2017 12:11

You could prosecute, its like inviting a friend into your house and them stealing your cash. Its not burglary because you invited them in but it is still theft. In this case, it isn't fraud because you let them use the card but it is still theft.

Nickynackynoodle · 27/05/2017 12:20

What do you mean you "authorised" it? If it's a personal card then you can't authorise other people to use it?

beanzmeanzheinz · 27/05/2017 12:26

Hate to tell you this but you will be completely liable for all of the debt. I work for a major High street bank. You authorised them to use the card.. your only option is to prosecute if you stand a chance of getting any of the money back.

My dh signed up to one of those aci berry things where you need to cancel after 14 days. He put my card in and forgot to cancel. Ended up being charged £230. I spoke to the bank and because he had access to the card details I was liable because I didn't keep them safe enough. Said my only option was to prosecute and I was hardly going to do that to my own husband so I just sucked it up and put it down to experience.

£15k is a lot to suck up so I think you really should consider legal action . Good luck OP

Original poster
User141665468 · 30/05/2017 08:31

Has anyone had this kind of experience before?

I have known for a little while about it, so even if I did prosecute I don't think I'd get very far?

Does anyone know what is involved in the prosecution process, could I just not press charges?

OP posts:
UrethaFranklin · 30/05/2017 08:46

If you want to prosecute, you will have to report the person and press charges.

The fact that you gave them your card and PIN may complicate matters as this is against the terms and conditions of your account/card.

GinIsIn · 30/05/2017 08:51

Do you have any correspondence with this person in writing discussing the matter? Texts or emails?

LeninaCrowne · 30/05/2017 08:57

Why didn't you stop the card when they kept on using it?

Oh well, this is a life-lesson for you that will take years to pay off the debt and interest.

MidnightVelvetthe7th · 30/05/2017 08:59

I'm a bit confused OP, if you lent someone your card for a one off transaction then did they not return the card to you afterwards (& you then change the PIN)? Did they keep the card or are we talking writing down the details then using it to order online where you don't need the physical card? Then how did they get access to other cards, you mention multiple cards in your OP? I'm not too sure how you have allowed someone to have access to multiple credit/debit cards.

Its not possible to authorise one transaction & no others, if you let someone have your card details then you are liable unfortunately.

Judashascomeintosomemoney · 30/05/2017 09:02

Other PPs have established as far as the card company is concerned you gave your details so this is not fraudulent under their terms and the debt is yours. However, as far as the police are concerned you agreed one use and the other party kept using your card without your knowledge so that is theft. You can report it to the police and the other party might be charged but that still won't make them liable for the debt you're unlikely to get your money back under any compensation scheme. If the other party is paying it back I imagine that's the best outcome you'll get unfortunately