Is this theft, fraud or something else?

[aponting389]

A relative of mine has gone into a local country store where I hold a trade account and has spent just under £600 without my permission. Not sure how best to approach the situation. I am not really on speaking terms with this person although I have told them I know about the items and they have greed to return them all to the store which hasn't happened yet and I suspect isn't going to happen because i again suspect that they are either now sold or not in a returnable condition. theres not much point in me going round their place looking for them due the the points I just mentioned, so should I just go to the police? I am guessing its not the fault of the store?

Thanks

[catman]

I'd say fraud. Why did the store allow them to take the goods though? I wouldn't think twice about going to the Police if someone did that to me, relative or not.

Tim

[aponting389]

catman said:

I'd say fraud. Why did the store allow them to take the goods though?

Well I was thinking the same thing, and I don't know what the general practice should be but I have several trade accounts and have never been asked for any form of ID. Anyway thanks for your thoughts, police station I guess!

[paintman]

I'm presuming he persuaded the store that he was getting the items on your instruction or with your permission.
So the answer is Fraud by false representation. http://www.legislation.gov.uk/ukpga/2006/35/sectio...
What action you intend to take is a matter for you to decide but could include going to the Police.
I'd also suggest you speak to the store involved - and any others where you have accounts - and give them a list of persons authorised to use the accounts.

[anonymous-user]

Police definitely.

[aponting389]

Thanks I've already put a note on the account re: authorised users. Looks like fraud doesn't it, Thanks again

[Bigends]

Simple fraud - hes told the trader he had your consent to spend on the account - a false representation - therefore fraud - not theft

[craigjm]

section 2 fraud... gaining an advantage through misrepresentation

[Bigends]

Police should record and deal as the 'offender' is known

[Andyjc86]

Why did they let somebody else use your account? If one of my suppliers let somebody else order something without contacting me first, then I'd be looking for a new supplier! Especially for a £600 item.

I would get the shop to take it off your account, and let them chase the money for their stupidity.

[OldGermanHeaps]

Was this relative explicitly nominated as someone who could use your account or did the supplier breach their own terms and conditions?

[aponting389]

This is what I'm not sure about, I.e. Their t&c's. I will check that in the morning. thanks for the replies

[Mojooo]

If he was listed on the account is there any argument he can make that he was not acting dishonestly? If so then you may be buggered as that is what the Police have to prove.

[V8LM]

If he is listed on the account then not much you can do. If not, then get the store to remove the charge as it's their problem, not yours.

[anonymous-user]

aponting389 said:

catman said:

I'd say fraud. Why did the store allow them to take the goods though?

Well I was thinking the same thing, and I don't know what the general practice should be but I have several trade accounts and have never been asked for any form of ID. Anyway thanks for your thoughts, police station I guess!

It sounds like he wasn't on the account, in which case the first port of call is the store who should have checked. Trade accounts are great but the only form of security is ID or an order via letter from you.
We have a trade account and 14 people use it, never been asked for ID thought but thinking about it over the years we have had invoices for stuff no one has bought and when we've queried it it's been refunded.
It's possibly fraud on the store not you. In which case they will go after him for it.

[AutoClouseau]

The offence should be obtaining goods by deception. It would be a matter for the police to investigate and to assertain if the person made false representation in order to use the account and obtain the goods, or had used the account from the shop with a previous authorisation from you, the account holder, which would then place the offence between yourself and the person, as you had clearly not given authority to use the account on your behalf in this instance. Either way it would be classed as a criminal offence and should be recorded with the police for their investigation.

[p4cks]

Agree with the other posters - this is beyond a simple family civil matter and is almost certainly fraud, which the police can look in to.

If nothing else, maybe it'll inspire him to return them to the shop (as long as he hasn't actually used them as suspected by the OP)

[anonymous-user]

It's fraud on the store, apparently.

[Helicopter123]

Surely this is the store's problem and not yours?

[anonymous-user]

Helicopter123 said:

Surely this is the store's problem and not yours?

Yep see my posts above. The fraud is against then, OP can't guard against a random person bowling up to buy goods on his account - it's up to the store to reassure themselves the guy at the counter is legit to use the account.