Other people's cards

KarGil

I work for a local authority and part of the job involves helping people on computers. A lot of folk want us to book holidays/ complete purchases or other financial transactions using their credit or debit cards. We were always told by previous bosses that it was not legal for us to do that, but new bosses are telling us we should be doing anything that's asked. If we use customer's cards to complete transactions for them, are we breaking any laws, and if there is a problem, who is liable?

colsten

If you help people to use their cards (by talking them through how to do it) for the purchases they want to make, and if you don't coerce them into making any purchases, you are fine.

If you use another person's card details to make purchases for them, you could be on very dodgy grounds. So are the people who give their card details to you, as doing so mean they are breaching the T&Cs they agreed with the card provider. You should be educating them about this fact, not collude with them on breaching T&Cs.

jon81uk

Make sure they are the one sat down pressing the buttons on the keyboard.
Point out which card number goes in which box, then the actual task of typing in the card details should be theirs.

KarGil

This is what I thought, but not what managers are telling us.

colsten

Managers are not necessarily always right :cool:

Ask a Bank, or a Credit Card provider, what they say about it. You'd need to tell them exactly how you are supposed to use the cards.

But just looking at random samples of T&Cs, it is a breach of contract if anyone gives you their card details. For example:

You must....

not let others use your Card and regularly check you still have it;

not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them;

never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device

This is from Amex. You can check other provider's T&Cs but I can assure you that they all have similar terms.

You'd need to have a POA or 3rd party mandate to be authorised to use someone else's card.

surely, part of your job to help people is to not ask them to breach the terms of their card providers?

born_again

If its just helping people with computer skills. Then sit them down and let them do it... Best way of them learning.

Personally it is dangerous ground if you are the one doing all the work, as they could then say that they did not do it.
But unless it's in your name it would be hard
Ask the manager to watch while it is being done. Put them in your situation. What would they do?

colsten

KarGil wrote: »

A lot of folk want us to book holidays/ complete purchases or other financial transactions using their credit or debit cards.

Being able to use a debit or credit card strikes me as the least complicated action when deciding to buy a holiday or some goods/services, or when making financial transactions.

Surely it can be explained with the help of a couple of very simple charts how you use a card online. Helping those people by guiding them in a practical situation might be the extra little help they might need but actually doing it for them is so totally wrong. Some of them might conclude that it is generally ok to give someone else their card, and then find themselves with accounts cleaned out / huge debts etc (note I am not saying you or any of your colleagues would do this! But the people might give their cards to other random strangers, or even to "friends")

This local authority sounds a right cowboy outfit.

Chino

colsten wrote: »

You can check other provider's T&Cs but I can assure you that they all have similar terms.

Evidently your assurances are worthless, because Barclaycard's terms and conditions do not forbid the authorised use of a card by someone other than the cardholder:

18. Protecting your card and details
You must always keep your card and its details safe, and make sure no-one else can use them without your permission.

https://www.barclaycard.co.uk/content/dam/barclaycard/documents/personal/existing-customers/terms-and-conditions-barclaycard-core-2019.pdf

colsten

Chino wrote: »

Evidently your assurances are worthless, because Barclaycard's terms and conditions do not forbid the authorised use of a card by someone other than the cardholder:

https://www.barclaycard.co.uk/content/dam/barclaycard/documents/personal/existing-customers/terms-and-conditions-barclaycard-core-2019.pdf

My assurances aren't worthless at all as I have provided an example of a card that must only be used by the cardholder.

You have provided an example of a card that allows use by a 3rd party "with permission". What are your suggestions how proof of such permission can be provided should there be a dispute? Note I am not saying it couldn't be done - just asking how it could be done.

Also, what are the T&Cs of other providers?

colsten

Chino wrote: »

Evidently your assurances are worthless, because Barclaycard's terms and conditions do not forbid the authorised use of a card by someone other than the cardholder............

Straying not too far from Barclaycard to the T&Cs of the Barclays personal account:

You must not give your payment tools to someone else or let someone else use them, or do anything that would let someone else use them.....


What is a ‘payment tool’?
These are things you use to access your account and make payments that are personal to you, so we know we are dealing with you. They can include:
• a physical device, like a card.....................

Takmon

KarGil wrote: »

I work for a local authority and part of the job involves helping people on computers. A lot of folk want us to book holidays/ complete purchases or other financial transactions using their credit or debit cards. We were always told by previous bosses that it was not legal for us to do that, but new bosses are telling us we should be doing anything that's asked. If we use customer's cards to complete transactions for them, are we breaking any laws, and if there is a problem, who is liable?

I don't really see the problem with this if they are there with you and they are telling you what they want book/purchase and telling you the card details to enter.

If i was to make a card purchase over the phone then i would be orally telling someone my card details who would then be typing that into a computer to make the payment.
So if that's never been an issue then why would it be different if the cardholder is standing next to you.