Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is this fraudulent?

13 replies

KoreyBay18 · 19/11/2021 14:58

If you use someone's credit card (a spouse) to book a holiday, but then you separate and you are the lead passenger and change the others passengers details to one of your friends, has the card been used fraudulently? Does the spouse have a leg to stand on?

OP posts:
SoniaFouler · 19/11/2021 15:10

I’m not a lawyer so I don’t know about the fraud part, but I wouldn’t be happy with that (as the spouse). Imagine if the split wasn’t an amicable one and the people going on holiday purposely caused trouble and damage and the hotel charged it all to the card?

Sweetmotherofallthatisholyabov · 19/11/2021 15:12

Has the holiday been paid for?

KoreyBay18 · 19/11/2021 15:14

@soniafouler I hadn't even considered that - it isn't amicable.

OP posts:
KoreyBay18 · 19/11/2021 15:15

@Sweetmotherofallthatisholyabov the balance has been paid.

I've advised my pal to call the holiday company to remove his card ASAP in case of damages/room service.

OP posts:
Sofiegiraffe · 19/11/2021 15:17

I'm not sure it's fraud if the cardholder was present and in agreement with the original transaction? But I'm not sure. It doesn't sound great though...

OneTC · 19/11/2021 15:19

I don't know if it's fraud but it's kinda murky feeling

Has card holder been paid back for the holiday they're not going on?

Why didn't cardholder cancel?

KoreyBay18 · 19/11/2021 15:19

Essentially they had a holiday cancelled, so whilst waiting for the refund his partner booked this one on his credit card. The refund for the first holiday came through into the joint account, she used that to pay off her own credit card, left the marriage and has now taken this holiday from him too.

OP posts:
Sofiegiraffe · 19/11/2021 15:23

Did she have his consent to book the original holiday on his credit card?

KoreyBay18 · 19/11/2021 15:23

@OneTC this is all very recent and they're still living together so agreed to go on the holiday together and share a room but do their own thing.

OP posts:
Sally872 · 19/11/2021 15:23

If she had his permission to use it at the time of booking then I would say not fraudulent. Shit behaviour though. I would advise him to contact credit card company and cancel card and also enquire about cancelling holiday.

ChessieFL · 19/11/2021 15:29

I’m sure I read something similar recently from the POV of the cardholder - he tried to cancel the holiday but couldn’t do his ex girlfriend got a free holiday out of it. I’ll see if I can find it.

ChessieFL · 19/11/2021 15:31

Found it - it was a Money query in The Times so have copied below.

I was going to go on a short break with my then girlfriend, who used my Nationwide credit card to book a holiday for £622 with Haven Holidays for us. Unfortunately we then broke up acrimoniously before the holiday took place.

After our split and before the planned holiday, I phoned Haven to cancel the booking and get a refund. It said the holiday was never in my name because my ex had made the booking in her own name, so the company could not help me. In fact, my name had even been taken off the booking without my knowledge. My ex then went on the holiday with a number of her friends.

I explained the situation to Haven and told it that my credit card had been used, but it said it could not help me any further but to contact my credit card provider. Nationwide also said that it could not help me on this occasion. This seems very unfair — please can you help?

Jill replies
Your ex-girlfriend was very sharp to use her own name as the lead person for the holiday. Even though you paid for the break, this meant you had no control over the booking.

I’m afraid there is nothing that can be done about recouping your money because neither Haven nor Nationwide did anything wrong. Haven adhered to its booking terms and conditions and fulfilled its part of the contract by providing the holiday. Nationwide looked at your complaint twice, from a fraud and Visa dispute standpoint, but could not find a reason to reimburse you.

It said: “We are unable to consider this as a fraud claim because at the time of the booking he was happy to allow his then partner to use the card to make the booking. We can only raise a chargeback claim and challenge the payment if the merchant has done something wrong. He agreed for his girlfriend to use his card to book the holiday and ultimately the holiday was delivered. A Section 75 claim isn’t possible as the contract isn’t in his name and the merchant hasn’t breached the contract as the service was delivered. While we appreciate this isn’t a nice situation for our customer, he allowed his card to be used to buy the holiday and that holiday was used.”

Thank you for raising this issue — it’s a good warning for other readers who might be thinking of letting their nearest but not necessarily dearest use their credit or debit cards. Don’t do it.

KoreyBay18 · 19/11/2021 15:38

Thanks @ChessieFL

There is a history of financial abuse by her, it's just such a shitty situation. She has also applied for a Protective Order to get him out of their shared home, despite her being the abusive one (he is by no means perfect and I can imagine him to be very difficult to live with, and I can't say it with certainty because no one knows what happens behind closed doors, but there is evidence of domestic abuse by her too).

All I can tell him then is to keep copies of correspondence to ensure he gets that money back in the divorce settlement.

OP posts:
New posts on this thread. Refresh page