Tried to return with wife's card

earthstorm

pinkshoes wrote: »

I was in a small shop the other day where a husband returned a pair of shoes using his wife's card, and typed in her pin number. No questions were asked...

but that's the store not teaching its staff correctly in the legal procedure of card transactions. I bet it the card companies found out the store assistant would be the one that would get the blame as the store owners are not going to admit they have not taught their staff correctly, risking their card services.

This is like how many store assistants are aware of the Sales of Goods Act.

OlliesDad

earthstorm wrote: »

it is clear none of you are retailers with cc retailer agreements and think just because you say you are related to the card holder the store should just accept that.

I think you are confused. Nobody has said the store should accept it, in fact, almost all the posters have agreed with the stores actions.

The point they are making is that this is not the criminal offence of fraud.. that would be using deception for personal gain or to damage another individual. The banks and CC companies would class it as a breach of contract.. but not a criminal offence.

earthstorm

OlliesDad wrote: »

I think you are confused. Nobody has said the store should accept it, in fact, almost all the posters have agreed with the stores actions.

The point they are making is that this is not the criminal offence of fraud.. that would be using deception for personal gain or to damage another individual. The banks and CC companies would class it as a breach of contract.. but not a criminal offence.

As a trader i am aware on what the CC companies would call this. As far as the store or the CC are aware. they have no idea you are related to the card holder or the card is linking to the card holders bank account, so this would be deemed as fraud by the card companies which allows the store to retain the card, breach of contract would not allow a store to retain any card.

OlliesDad

earthstorm wrote: »

As a trader i am aware on what the CC companies would call this. As far as the store or the CC are aware. they have no idea you are related to the card holder or the card is linking to the card holders bank account, so this would be deemed as fraud by the card companies which allows the store to retain the card, breach of contract would not allow a store to retain any card.

They may detain it due to potential fraud.. however no criminal act has been committed.

earthstorm

OlliesDad wrote: »

They may detain it due to potential fraud.. however no criminal act has been committed.

the card companies depict it as fraud otherwise LEGALLY a store cannot retain the card.
It is these agreements set by cc companies that stores/retailers MUST follow. If you are using another person card then it is a criminal offence under the banking code

vuvuzela

earthstorm wrote: »

the card companies depict it as fraud otherwise LEGALLY a store cannot retain the card.
It is these agreements set by cc companies that stores/retailers MUST follow. If you are using another person card then it is a criminal offence under the banking code

Can you please point us to somewhere that gives proof of this statement of it being a criminal offence ?

wealdroam

earthstorm wrote: »

If you are using another person card then it is a criminal offence under the banking code

Earthworm, please stop spouting this drivel.

I'll say it again...

using someone else's card with their permission is not a criminal offence.

Clearly you think otherwise, so can you please supply a suitable citation.

shaun_from_Africa

earthstorm wrote: »

If you are using another person card then it is a criminal offence under the banking code

It might be if the banking code was still in force but seeing as this was stopped in 2009 and the Payment services regulations took their place, it can't be a criminal offence under that code.

Here are the offences that can be committed under the PSR's,
http://www.legislation.gov.uk/uksi/2009/209/part/9/crossheading/criminal-offences/made
and there is no mention of fraud by using another persons payment card.

couponqueen123

tinyexe wrote: »

I was told even though I had the correct card and the receipts and all goods were perfect I was not allowed to return the items as it was not my card. Where do I stand with handm

where you are now;) and cout you self lucky they didnt keep the card , and send it back to bank , or call police as its fraud just to let you know

shaun_from_Africa

(Text removed by MSE Forum Team)

I gave the link to the criminal offences detailed in the PSA, so where in there does it state about fraud being committed if someone uses another persons card with their permission?