Using a dead persons credit card.

chattychappy

Yep, it's fraud. Up to 10 years (though unlikely here). She may well intend to pay the CC back, but the offence only requires exposure to risk of loss. There are some other elements to prove (eg "ghosh" dishonesty). Her intentions may well influence a decision to prosecute (given the dishonesty requirement) or sentencing. Frankly a lot of these offences are never prosecuted, especially if no loss results. But it's a very dangerous game with other consequences if not criminal prosecution.

Blackpool_Saver

How old is this person, it beggars belief what some folk get up to.........

tomitma

Has anyone actually informed the DWP that he is dead, my understanding is that a mobility car is returned to mobility on the day of the funeral, there is no named driver business, it has to be returned.

Is she still getting DWP payments for him?

fin7

Thanks for all the replies. She's in her 40's, at times I wonder about that. She managed to keep the motability car for over 2 weeks after he died, what she did was gave them her mobile number, when they rang to arrange collection she wouldn't answer the phone. She actually did a 400 mile trip in the car after his funeral, even tho people told her if she had an accident she'd find herself in a lot of trouble.

They have a horse, I was sitting talking to the husband one day and he told me that no more money would be spent on the horse unless he was there because he knew his wife and daughter were ripping him off. He originally intended to buy the daughters car with a bank loan, when he went to see the bank he discovered that his wife was up to her neck in loans and they wouldnt give him a loan.

She's still buying off the net using the card, it's none of my buisness what she does but at the same time I'd hate to see her get into any more trouble but I don't think anyone is going to be able to talk any sense into her.

fin

lisyloo

Debts are only written off if the person has no assets.
If there is any kind of estate then the debts come out of the estate before the beneficiaries inherit.

The card should not be used and I'm sure his motobility car should go back too.

It really is down to your conscience whether to report them.
I think I would be tempted to report it as they will get found out eventually (the date is on the death certificate) and the longer it goes on the worse it gets.
Short term they might be able to get let off under the title of "grieving" but not if they carry ou with fradulent activity.

A motobility car is provided for a disabled persons use. I kow they are sometimes driven by another person but the purpose is to provide transport for the claimant. So it's pretty obvious they wouldn't be entitled to that benefit if it was for his use.

CannyJock

Sounds to me that her dead husband's estate will be charged with the debts and that all she's doing is putting herself on a road to having her assets repossessed and losing the house for her and her daughter. That and a criminal record for credit card fraud by the sounds of it.

If she thinks that the debt gets magically wiped out then she's living in cloud cuckoo land.

If you know who the executor of her husband's estate is, might be worth having a word with them.

fin7

They live in a council house, even tho he did once have savings I've no idea what happened because she had to borrow money for the funeral, I kept well out the way when she was asking!

She really thinks that they wont have to pay for the car now, i said nothing. When she told me that she was using his card I couldn't help myself and told her that as far as I can see that's got to be fraud, she seems to think as long as she makes the monthly payments its fine.

fin

CannyJock

Isn't a Motability car just a form of leased car? http://www.motabilitycarscheme.co.uk/main.cfm?type=CHSW

Whoever has provided the car won't just tell her to keep it because the person who it was intended to benefit is dead. She doesn't own the car, so not sure why she would think that she's entitled to keep it. There might have been an option to purchase the car at the end of the lease period, but that's a different thing. Or has the car been paid for in full already?

She's mistaken about the monthly payments making everything fine. Pretty sure her husband's credit card provider would agree with me

jd87

What's that smell? It smells a bit like the smell you get coming from underneath a bridge in fairy tales...

kerri_gt

The fact you have posted on here and asked the question kinda indicates you know it is the right thing to report her. It's a horrible situation, but tbh based on what you have told us, it doesn't exactly sound as if she is the poor grieving widow.

I can't quite gather whether the mobility car has gone back or not, but if it hasn't, then she's in posession of a specialised car that someone else is in need of. The use of her husbands credit card is fraud - and racking up debts on it saying it isn't is blatent denial on her part. Also, what has happened to the horse she has? From the picture that has been painted of her, it doesn't sound like she'd lose too much sleep over neglecting it (I hope I'm wrong there, I'm only going by what has been said - so if I'm out of order, I apologise), but horses are not cheap and animals need to be properly cared for, especially in this weather.

I know it's really hard but I do think it's the right thing to report her - this may be the tip of the iceberg, is she claiming benefits she's not entitled to perhaps as well? In which case, we're all funding this through our taxes.