Children 'helping' to pay with parent credit card

City_Girl_3

Not sure if this fits perfectly into the 'consumer rights' category but as there's a legal aspect to my question this was the best fit I could find from the forum options.

I was recently shopping at John Lewis and bought a number of Christmas items, including some crackers.  My 7 year old son loves to use my credit card and he almost always pays in shops - a lot of fun for him and a chance to educate him on spending etc.  

This time however, the associate at the till seemed to be a bit caught off guard and asked his colleague (supervisor?) he if was allowed to sell crackers to us.  The colleague answered, "It depends on who is buying them, the parent or the child?".  I said I was buying the crackers, but my son just wanted to tap the credit card.  She said no, then I would need to tap the card if I was purchasing.  So I'm thinking fair enough - a little bit silly but whatever and I said something to that effect and that it's fine.

But then she said this:  technically I shouldn't sell it to you at all (as in, not even if I'm paying for it) because you've just admitted that you allow you child to use your credit card, and then she quoted some regulation which I can't remember and that she'd be in violation of those rules for allowing it.  

I literally let both of my children use my cards all the time - both when I'm physically present and not - and this has never been an issue.  Even my husband uses my card on occassion (he's always forgetting his!!)

So I'm just curious to know - was that colleague speaking rubbish or is that really a thing?  I can sort of imagine why she wanted me to tap the card rather than my child because it was crackers, but the rest seems way OTT.

Anyone familiar with these rules who could clarify please?

soolin

If crackers are age restricted then John Lewis should not have allowed your son to pay. 

I also worry that you are potentially going to have serious issues with your bank should you ever be unfortunate enough to have your card stolen or skimmed as the card is for your use only, not for others . 

Sandtree

If crackers are age restricted then they cannot sell them to someone under that age nor to someone over that age if there is suspicion that they'll be given to the under aged person (ie its the older school kid buying fags for the younger kid).

Not sure there are any direct regulations that say you cannot give your card/pin etc to someone else however doing so is almost certainly against the terms and conditions of your account and may invalidate any fraud protection your account has.

If you look at the Barclay's website, which is about the specific matter of using contactless on TFL transport, Can I lend my contactless Barclays debit card or Barclaycard to someone else, or pay for more than one person? | Barclaycard then it only mentions the security risk rather than a breach of any regulation

Similarly my former employer would allow you to pay online with someone elses card but you had to make a declaration that you had their permission to do so (talking a regulated company in the financial services space).

That all said, on a "ask a lawyer" website they mention in person sales could be considered deception (though cashpoint withdrawls are fine) but highly unlikely anyone could be bothered about it.

molerat

Christmas crackers are age restricted 12 and above.  This is just the usual "the world has gone mad" and "common sense has gone out the window" situation.

anmarj

If you sell age-restricted products to a person under the minimum legal age, you may commit an offence under the relevant law. The penalties can include a fine or even imprisonment. There are laws that give you a legal defence, which is often referred to as the 'due diligence' defence.

This is what would happen if caught selling to underage, had similar problem when working in woolies, young chap trying to buy age restricted game, couldn’t  sell it, granny came over and i explain to why i couldn’t sell it. My son often helps with shopping, and cashier told us that if she saw son scanning alcohol, she would have to take it off us. That is why trading standards do these kind of checks, 99% of us don’t risk our job for it, there is no limit on the fine

pjcox2005

Ignoring the crackers part, I'm surprised you think that children and husband using your card isn't against the rules of a personal credit card or legal.

I do pass mine to my wife occasionally when out, popping elsewhere etc. so appreciate the ease but quite clearly a sales person shouldn't take it. How can they possibly know you've given authority or permission when it's clearly not the card owner using it? Opens up to all sorts of fraud issues.

powerful_Rogue

City_Girl_3 said:

Not sure if this fits perfectly into the 'consumer rights' category but as there's a legal aspect to my question this was the best fit I could find from the forum options.

I was recently shopping at John Lewis and bought a number of Christmas items, including some crackers.  My 7 year old son loves to use my credit card and he almost always pays in shops - a lot of fun for him and a chance to educate him on spending etc.  

This time however, the associate at the till seemed to be a bit caught off guard and asked his colleague (supervisor?) he if was allowed to sell crackers to us.  The colleague answered, "It depends on who is buying them, the parent or the child?".  I said I was buying the crackers, but my son just wanted to tap the credit card.  She said no, then I would need to tap the card if I was purchasing.  So I'm thinking fair enough - a little bit silly but whatever and I said something to that effect and that it's fine.

But then she said this:  technically I shouldn't sell it to you at all (as in, not even if I'm paying for it) because you've just admitted that you allow you child to use your credit card, and then she quoted some regulation which I can't remember and that she'd be in violation of those rules for allowing it.  

I literally let both of my children use my cards all the time - both when I'm physically present and not - and this has never been an issue.  Even my husband uses my card on occassion (he's always forgetting his!!)

So I'm just curious to know - was that colleague speaking rubbish or is that really a thing?  I can sort of imagine why she wanted me to tap the card rather than my child because it was crackers, but the rest seems way OTT.

Anyone familiar with these rules who could clarify please?

Oh dear, you're one of those kinds of customers. He was protecting his job by not selling age restricted goods to those that are underage.

A_Lert

On the credit card side of things, there's issues with minors and contracts. If a minor had their own credit card they could run up the bill then void the contract and not owe the debt - which is why nobody under 18 can get a credit card of course! Minors won't even get an "additional cardholder" card. In your case it's blatant the purchase is made by you but the store is probably going with better safe than sorry.

user1977

If the cardholder is present, and it's clearly just their child playing shop, or, say, a carer assisting somebody with a disability, then this is a non-issue - the customer is obviously still the customer. It might be a greyer issue if it's a 17 year old bringing along mum to pay for their vodka.

I'd be more concerned about the OP's husband going shopping with somebody else's card! Presumably he also knows the PIN?

Grumpy_chap

Amazingly you have to be 12 years old to buy Christmas Crackers:
https://www.cheshireeast.gov.uk/business/trading_standards/business-support/age-restricted-products/age_restricted_product_advice.aspx

Well I never

Sandtree

Grumpy_chap said:

Amazingly you have to be 12 years old to buy Christmas Crackers:
https://www.cheshireeast.gov.uk/business/trading_standards/business-support/age-restricted-products/age_restricted_product_advice.aspx

Well I never

They also fall under the banner of "explosives" if you try and travel with them... got my mother into trouble when she tried to take some abroad