Is this Credit Card fraud?

SareyC

My parter took out a credit card a few years ago for emergencies. A couple of years a go his dad asked if he could use the card, my partner did authorise a transaction. It was paid off and as far as my partner was concerned it had a nil balance. He never uses it himself and as he thought it had a nil balance he wouldn't receive statements. We have just been declined a mortgage and when we got our credit files we found out his dad had continued to use it without his permission and run up a bill. His dad did not tell my partner and failed to pay the debt. It was then passed onto a debt collections company. All my partners statements and letters were being hidden by his dad. His dad then set up an arrangement with the debt collectors pretending to be my partner and paid it off at the end of 2013. My partners credit score is now ruined and we are unable to get a mortgage. The balance is now paid so we can't report it to the credit card company. Is this credit card fraud? And what can we do about it? Is there anyway to get it taken off his credit report?

opinions4u

Yes, it's fraud.

Report it to the credit card company and the police.

I'd say you've been negligent allowing the initial transaction though.

jellie

You can report it as fraud but as your partner gave his dad his card details, it might be difficult to prove he only authorised the one transaction.

The card company won't just remove the information from his credit records, they'll want proof that the transactions were fraudulent.

brendon

SareyC wrote: »

He never uses it himself and as he thought it had a nil balance he wouldn't receive statements.

You'll still receive statements even if you thought you had nil-balance(?)

Although this is technically fraud, it doesn't make automatically the bank liable for it. Also, for the CRA to remove the records, you'd have to convince them/a court/an authority that it was indeed fraud that took place. Since your partner did authorise some transactions and failed to notice the fraud for 2 years by negligence, I think you'd have a hard to proving this.

BonkersBonkers

If the debt has been fully repaid how come your partner's credit files are totally ruined?

SareyC

Thanks for your comments. Yes we thought it would be hard to prove which transactions my partner authorised and which he didn't. We accept there was some negligence on my partners behalf. The balance is paid off but it shows as numerous red marks on his report for missed payments, arrears and he debt being sold to a debt management company which was then put on an arrangement to pay off. We're so stuck what to do?

[Deleted User]

This is what happens when, instead of making the purchase for someone, you let them use the card themselves.

eddddy

SareyC wrote: »

We're so stuck what to do?

Hi Sarey

If you want your credit file amended, the only real option is to report all the details of the fraud to to CC company.

The CC company may then pass details to the Police,

eddddy

SareyC wrote: »

We're so stuck what to do?

Hi Sarey

If you want your credit file amended, the only real option is to report all the details of the fraud to to CC company.

The CC company may then pass details of the fraud to the Police, who may decide to prosecute your partner's dad for fraud.

It sounds like your partner breached the T&Cs by allowing his dad to do the first transaction, so the CC company may also close the account.

grumbler

BonkersBonkers wrote: »

If the debt has been fully repaid how come your partner's credit files are totally ruined?

OK, maybe not 'totally'. Does this make any difference?

SareyC

What would happen if my partners dad admitted to the credit card company what he has done? And willing to admit to fraud?