Credit Card Fraud - Cards Taken Out In My Name

MEM62

T-G-C wrote: »

There will not be "further fraud" if she confronts him and he is apologetic for what he has done and would like to put things right. That is certainly possible but there is no guarantee. Do not automatically expect that contrition when the matter is raised. She also needs to scare him with the police and warn him that doing this to other people or her again will result in a prison sentence. That is unlikely to work as the relative will know that repeating his actions will not result in a prison sentence. Repeat offending and convictions would be needed for it to go that far. I also previously said that if he acted the opposite upon confrontation, like not apologetic; malicious or refusing to repay the debt then reporting would be the resort option.

Reporting him will not open up access to external agencies - it will close him up in a prison cell and even if not custodial, a permanent criminal record with a tainted opportunity to build a life. Absolute rubbish. Where do you get the idea that offenders are throw into prison at the first offence. In most cases it does not even lead to a prosecution. Your understanding of the system really is unrealistic. We had a similar issue with my OH's son. It stated with theft, then developed into CC fraud. When we felt that we had exhausted all means at our disposal to discourage the behaviour we reported it. The Police were brilliant and they were able to engage with him and get to the reasons behind his actions. He received a lot of help to deal with these issues as a result.

We cannot assume he will not engage with his immediate family, some people need to be confronted before they will admit they have a problem. Jumping straight to the extreme end of the spectrum without at-least trying to put things right with and for them is not the way to go. I agree. I never suggested otherwise. The point I was making was that reporting is not just done to be spiteful and can lead to a better outcome. If you have drawn any other conclusion from my comment then you are reading something into it that isn't there.

The justice system does not reform, it punishes. If she reports him, he will not change, he will get worse. There is currently an opportunity to reform him without the involvement of the system. He needs to be given a second chance to fix his life before coming before a court. The system is far from perfect but I cannot agree totally with your view of it. And as stated above, even having that matter reported does not automatically place anyone before a judge or their life being wrecked.

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T-G-C

That is certainly possible but there is no guarantee. Do not automatically expect that contrition when the matter is raised.

I did not expect that contrition when the matter is raised. I have repeatedly said that if he responds the opposite, then reporting him would be the resort option. It is worth an attempt before going straight into exhaustive measures.

That is unlikely to work as the relative will know that repeating his actions will not result in a prison sentence. Repeat offending and convictions would be needed for it to go that far.

The police are a firm hand and even the thought of being arrested and being processed through the system should be enough of a deterrent. If it is not, then I repeat as said above, reporting him would be the resort option.

Absolute rubbish. Where do you get the idea that offenders are throw into prison at the first offence. In most cases it does not even lead to a prosecution. Your understanding of the system really is unrealistic. We had a similar issue with my OH's son. It stated with theft, then developed into CC fraud. When we felt that we had exhausted all means at our disposal to discourage the behaviour we reported it. The Police were brilliant and they were able to engage with him and get to the reasons behind his actions. He received a lot of help to deal with these issues as a result.

If he is over the age of 18, then he will be treated as an adult. Unlike schemes such as YOT (Youth Offending Team) etc. designed to keep first offenders out of the justice system, adults who are guility of the offence are not issued with anything other than either a caution or charge - the police will not "let it go" with no repercussions unless there is insufficient evidence and is subsequently NFA'd. All of these actions are visible on a DBS check, which hinders his employment opportunities, especially in areas involving finance or working with vulnerable people.

If this "son" you were referring to was under 18, then his first offence with the police may have been deferred to YOT without a criminal record and hence received support for the underlying cause. Even if this person does receive support as a result of the police case, he will not walk out of there with a clean record intact, he will either be charged or cautioned, with the first more likely for a crime like fraud.

The system is far from perfect but I cannot agree totally with your view of it. And as stated above, even having that matter reported does not automatically place anyone before a judge or their life being wrecked.

Fraud is a serious offence and he would be, as a first time offender and an adult, be at-the-least cautioned for the offence or charged and sent to court under CPS approval. A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Cautions can also show on standard and enhanced DBS checks unless otherwise filtered, so has a similar impact with employment than going to prison.

garth549

I can't believe some of the advice on here.

This MUST be reported to the police and action fraud, regardless of the family repercussions. Ultimately the innocent party has done nothing wrong and risks having a CIFAS marker and even worse, prosecuted. A CIFAS marker will result in them losing all their bank accounts, credit facilities and almost certainly prevent them getting ANY credit, banking, mortgage or insurance services for a minimum of 6 years. Car insurance will be almost impossible to obtain and if it is will be £hundreds a month meaning un-affordable driving for 6 years.

Meanwhile the sibling who's responsible gets off scott-free.

Sorry. It's the sibling's fault. They deal with the repercussions.

Chino

T-G-C wrote: »

Fraud is a serious offence and he would be, as a first time offender and an adult, be at-the-least cautioned for the offence or charged and sent to court under CPS approval.

Where do you get this idea from? The police are not in the least bit interested in pursuing fraud cases, beyond possibly providing a crime reference number.

From the ActionFraud website:
"When you report to us you will receive a police crime reference number. Reports taken are passed to the National Fraud Intelligence Bureau. Action Fraud does not investigate the cases and cannot advise you on the progress of a case."
https://www.actionfraud.police.uk/what-is-action-fraud

T-G-C

The OP has not engaged with the thread and has most likely left. Each side of the argument has been expressed clearly enough now.

MalMonroe

I agree with you that it's bad advice. The OP needs to contact the credit card companies in the first instance.