Unauthorised use of credit card

Unauthorised use of credit card

Author
Discussion

48k

15,166 posts

163 months

Thursday 13th March
quotequote all
Biker 1 said:
I had similar during divorce. Ex used all my Nectar points
I bet that stung.

leef44

4,954 posts

168 months

Thursday 13th March
quotequote all
BertBert said:
leef44 said:
How did he manage to pay something that large without the need for a PIN or 2fa?

Unless he did it remotely and the dealer was alright with that. If he did do it remotely then do you have a 14 day cooling off period? Can you cancel the order with the dealer?
Surely GF won't be able to cancel the contract as they are not a party to it.
Either she is party to the contract because she is on the hook or she is not party to the contract and she should not be liable

Collectingbrass

2,516 posts

210 months

Thursday 13th March
quotequote all
leef44 said:
BertBert said:
leef44 said:
How did he manage to pay something that large without the need for a PIN or 2fa?

Unless he did it remotely and the dealer was alright with that. If he did do it remotely then do you have a 14 day cooling off period? Can you cancel the order with the dealer?
Surely GF won't be able to cancel the contract as they are not a party to it.
Either she is party to the contract because she is on the hook or she is not party to the contract and she should not be liable
Exactly this. If the CC co won't support the fraud allegation then initiate a Sec 75 claim for a fault on the car and let the dealer take action against him. Also make sure he hasn't used it to pay for his insurance ( I bet he has) or car tax (ditto) and if he has (a) cancel it and (b) make sure Plod know he's uninsured.

Sob Story to the CC co CEO via ceoemail.co.uk might help.

Also small claims court for repayment and get a CCJ against him. She might be in the hook for it as the account owner, but the small claims court should, I hope) recognise the debt is one that should be repaid. That will either prompt repayment, or she can get a CCJ and initiate a forced recovery.

BertBert

20,329 posts

226 months

Thursday 13th March
quotequote all
leef44 said:
Either she is party to the contract because she is on the hook or she is not party to the contract and she should not be liable
No they are two separate matters.

MDUBZ

1,032 posts

115 months

Thursday 13th March
quotequote all
Your friend will be deemed at fault by the cc issuer for not securing her account I.e. didn’t cancel the card. Fraud however should be very easy to prove, sounds like it’s an online payment as a deposit for the car, which will have been authenticated with 3ds2, he doesn’t have access to the account so he will have needed to authenticate with a text to his mobile device if it was registered to the card or via biometrics on a mobile wallet ( Apple Pay or google pay). If he was at the dealership he may have used a mobile wallet or he would have had to used chip and pin to authenticate but he didn’t have access to the physical card (unless they issued him with another one). The card issuer will be able to confirm what type of payment it was.

If it was an online deposit the chances are he hasn’t collected the car yet, and you should be able to hunt down the dealer using the MID (merchant ID) linked to the transaction to alert the dealer and get them to refund: The cc company will have access to this info; what was the statement narrative on the transaction on the account?

Tbh I’m surprised he hasn’t used it before if he had the details saved. It might be worth checking back through her statements. As previously suggested she needs to kick off a criminal investigation for fraud and civil proceeding to reclaim funds if you can’t block it, can be done cheaply through the small claims court.

Edited by MDUBZ on Thursday 13th March 16:45

carinaman

23,187 posts

187 months

Thursday 13th March
quotequote all
48k said:
Biker 1 said:
I had similar during divorce. Ex used all my Nectar points
I bet that stung.
hehe


wyson

3,510 posts

119 months

Thursday 13th March
quotequote all
Biker 1 said:
I had similar during divorce. Ex used all my Nectar points which although petty, got me to immediately call my credit card company & get her card cancelled & her name taken off the account. I also got the credit score people (Experian if memory serves) to file a financial split (I forget the actual wording). This means that my credit rating can not be affected by her future spending decisions.
There are 3 separate credit agencies. You have to write to all 3. Moneysavingexpert explains them all.

megaphone

11,216 posts

266 months

Thursday 13th March
quotequote all
OP, all sounds like a nightmare, run for the hills.

48k

15,166 posts

163 months

Thursday 13th March
quotequote all
[quote=MDUBZ Fraud however should be very easy to prove,
[/quote]

Devils advocate but... how easy is it going to be to prove fraud has occurred? The chap has used the valid credit card details of the valid credit card account that he is named on.
The wife should have cancelled his card and removed him from the account. The fact she didn't is going to make things very difficult for her I would have thought?

IJWS15

2,013 posts

100 months

Thursday 13th March
quotequote all
Surely taking the card off him was a clear message to him that he was no longer authorised to use it. Any further use is unauthorised and either fraud or theft.

Not cancelling it with the cc co was foolish. I can still remember the number of my first credit card, issued nearly 50 years ago.

MDUBZ

1,032 posts

115 months

Friday 14th March
quotequote all
48k said:
[quote=MDUBZ Fraud however should be very easy to prove,
48k said:
[quote=MDUBZ Fraud however should be very easy to prove,
Devils advocate but... how easy is it going to be to prove fraud has occurred? The chap has used the valid credit card details of the valid credit card account that he is named on.
The wife should have cancelled his card and removed him from the account. The fact she didn't is going to make things very difficult for her I would have thought?
.
.
.
.

There is a clear paper trial bàck to an individual and a clear financial settlement as part of the divorce. Plus evidence of other dubious behaviour. Piece of piss should the authorities follow up.


Edited by MDUBZ on Friday 14th March 00:53

Biker 1

8,145 posts

134 months

Friday 14th March
quotequote all
GreatGranny said:
Petty doesn't even cover that smile
Another level!
Er yes, it was only about £30 in total!
The problem was that I'd forgotten to cancel the visa card that she had as a secondary card holder. I think I did it just in time...

Steve H

6,260 posts

210 months

Friday 14th March
quotequote all
Collectingbrass said:
Also small claims court for repayment and get a CCJ against him. She might be in the hook for it as the account owner, but the small claims court should, I hope) recognise the debt is one that should be repaid. That will either prompt repayment, or she can get a CCJ and initiate a forced recovery.
This sounds like the obvious answer.

If their finances have been officially separated following the divorce then it’s hard to see that this is anything other than a debt that he owes to her.

Hol

9,064 posts

215 months

Friday 14th March
quotequote all
48k said:
Biker 1 said:
I had similar during divorce. Ex used all my Nectar points
I bet that stung.
I would have been buzzing with anger.

AndyAudi

3,462 posts

237 months

Friday 14th March
quotequote all
Last year Girlfriend had similar, ex had her card details on his PayPal account.

They had a fall out over kids & the cheeky git stopped his child payment & then went on & used PayPal & her card to get football tickets & a takeaway….

She had to put in a fraud claim & did get her money back, never heard from him but don’t think they pursed /charged him.

(I have learned that some systems your stored card automatically updates to a newer version without you having to let them know it’s been issued)

InitialDave

13,232 posts

134 months

Friday 14th March
quotequote all
AndyAudi said:
(I have learned that some systems your stored card automatically updates to a newer version without you having to let them know it’s been issued)
Yes, I have had that. Nothing fraudulent, but I was paying for a renewal and realised I needed to tell them my new card details as it was a new issue. Nope, they said they were already able to put the charge through.

Convenient but slightly concerning

Cats_pyjamas

1,722 posts

163 months

Friday 14th March
quotequote all
If he is on the account can't she clear her portion of the balance, and remove her self from the account. It's then his debt.

InitialDave

13,232 posts

134 months

Friday 14th March
quotequote all
Cats_pyjamas said:
If he is on the account can't she clear her portion of the balance, and remove her self from the account. It's then his debt.
Authorised user on her account, not a shared account.

Cats_pyjamas

1,722 posts

163 months

Friday 14th March
quotequote all
InitialDave said:
Cats_pyjamas said:
If he is on the account can't she clear her portion of the balance, and remove her self from the account. It's then his debt.
Authorised user on her account, not a shared account.
Fair one, her liability then, maybe one for small claims?

Du1point8

22,029 posts

207 months

Friday 14th March
quotequote all
Cats_pyjamas said:
InitialDave said:
Cats_pyjamas said:
If he is on the account can't she clear her portion of the balance, and remove her self from the account. It's then his debt.
Authorised user on her account, not a shared account.
Fair one, her liability then, maybe one for small claims?
should be, but there better be a pretty good explanation as to why when she took the card off him, why she didn't ring up the bank to ask for new card or revoke his access.