Unauthorised debits on bank account

Bigears509

We are in a bit of a mess and I would appreciate advice...

I have a joint bank account with my wife. I have a debit card in my name for the account which I use practicaly every day.

So two days ago my wife confessed she had opened a casino account in her name but used a debit card in my name to deposit, her card was lost so she used mine. I checked our account online and there was £2400 missing and well into the overdraft.

It started with a £10 deposit but she ended losing over £2000.

Now I am in a total confusion about what to do... She is in shock that she got carried away and feels terrible, this has never happened before.

The fact is that she should not have deposited to a gambling site using a card that was not in her name, even if the bank account was a joint account. On verification the site would never permit a withdrawal had she won since the card is in my name not hers...

She contacted the casino to tell them the payment method was not in her name and they basicaly said 'whatever' the deposits were legitimate even if they were not done with a payment method in her name.

If I claim a charge back against the casino it meens I will be acusing my wife of fraud. But the casino site have knowingly proccessed a payment from my card without my authorisation?

What should I do..... take the hit? Or push claim fraud on the account? What are the implications?

Any reasoned input much appreciated

datlex

This is a tough one. My gut feeling is that as she is a joint account holder with yourself she can authorise transactions from the account and as such this is not fraudulent. How do you know that the site would not allow withdrawal on verification?

downhillfast

As hard as it is to swallow I'd be looking to take the £2400 hit. If you push the 'fraud' aspect of it with a view to getting the money back then I can't see how she would avoid the implications of that - you can't have your cake and eat it as they say. You also have to consider how this will affect you BOTH in the future; a CIFAS marker will severely inhibit you with mortgages etc - you have a financial link so a CIFAS marker on her will directly affect you!

There is also the morally correct thing to do - she knowingly used 'joint' money to gamble away... if it had been with her card (same money) you wouldn't be having to even ask the question...

Take the hit and deal with the problem having learned a very expensive lesson.

realaledrinker

With joint account, you are 'joint and severally liable' for the payments so I can't see how you can argue the payment was 'unauthorised' far less any allegation of fraud, which can only end in tears.

Geoff1963

Ouch.

If your wife's card had been available, she would have used it, so she had a means to take money from your joint account ; and simply used a different means.
Gambling debts ( including payouts ) aren't legally enforceable, which is why everything is regarded as cash.
Taking someones property without consent isn't theft, if you reasonably believed that the owner would have allowed you to take it if asked ; although if your thinking is too off, you'll be sanctioned.

So :
The bank could say you didn't take care of your card ( the site would have needed the security code ) ; and think you can't be trusted. If they find out, you have to say that it was done with your ( retrospective ) consent, like if it was a family emergency.
The site / card provider might give a refund of stolen property, but that would mean your wife being charged with fraud, and almost certainly having to pay it back anyway ; so you are still out of pocket.


I don't know your relationship circumstances, but perhaps you could think of it this way :
You have just spent over two grand, on a very nice present for your wife, even though it was not by choice.
Would you pay a two grand ransom if your wife were kidnapped ?

Either it breaks you apart, or it brings you closer together. As a proportion of the amount you will collectively earn and spend, it isn't a big deal ; so it is the trust that matters.

In On Her Majesty's Secret Service, James Bond pays the gambling debt of a woman ; who only later becomes his wife.

Bigears509

Thanks all so much for your replies.

The last thing I would want is to have a fraud marker against our accounts.

I am assuming that no withdrawal would have been alowed as casinos tend to do verification checks when requesting a withdrawal. They would have seen that the card was not in my wife's name and no doubt would have used it as an excuse not to payout.

My wife said the site did not require the secure card password for the transactions.

Our relationship is great, no issues there I have made my fair share of blunders over the years! Plus she feels terrible.

Was considering just reporting that I did not make the transactions and try not to implicate the wife, but morally dubious and it could backfire horribly.

Thanks all for your input.

veryintrigued

Interesting thread.

Sometimes our vows really do get tested.

Fingers crossed you both resolve and move forward.

colsten

The money is gone, you'll both have to face up to that. Trying to construe some case about unauthorised use of a debit card would just get either or both of you into even deeper doo-dah.

If your wife gets weak when tempted by gambling firms, she should consider seeking the support of Gamblers Anonymous. It's worth doing that even if she has currently no intention to gamble again. https://www.gamblersanonymous.org.uk/

mt99

Yes I agree totally with coleston I think you should immediately seek help from gamblers Anonymous it is no point sweeping this under the table and saying it's a one-off and won't happen again and she was tempted just the once and so on to my mind that clearly is not true it needs to be sorted now