Is it illegal to use someone elses debit card?

2

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    OMG yes. Impersonating another person for whatever reason is fraud!! Wherever were you dragged up, whatever school did you go to, not to know such an obvious thing?

    So why isn't Rory Bremner in prison then?

    For impersonation to be fraud there must be an intent to dishonestly make a gain or cause someone else a loss. Mere impersonation on it's own is not in itself a criminal act.
  • JuneBow
    JuneBow Posts: 302 Forumite
    Antrobus is correct, there must be dishonesty or loss for impersonation to be a criminal offence.
    Given that you have PoA, you could contact all of the banks concerned and change the passwords PINsetc and tell them of your concerns.
    Wherever were you dragged up,
    What a disgusting thing to say. Even if the OP did not know the answer that is not reason to be abusive.
    In any event, it is you who does not know the answer. As Antrobus has said, there must be loss. Its acutally called "mens rea" Look it up.
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    Thanks June it does seem that couple people are a little tetchy.

    I have called the bank, talked in generic terms without naming mother or the said someone they have said it is fraud and if I notified it they would informed their fraud dept. I have not notified them as don't want to go that far if there are alternatives.


    I will be going in later to increase her account security, mum can't use telephone banking anyway nor the net, so increasing security won't hurt her and I'll change passwords/pins etc. Then we'll have to have that chat with the said someone.
  • Wherever were you dragged up

    How rude.

    Does being rude, abusive and ill-mannered meet the criteria for 'being dragged up' too?
    Learn to speak Norfolk:
    Translations: Naarfok = Norfolk, Narridge = Norwich, jargon = like running, but slower, cooo = queue, how're yer gettin arn = Norfolk greeting, on the huh = Something being uneven.
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    le_loup wrote: »
    Oh no. It's fine.
    Send me your account number, pin and user ID, and I'll be happy to access your account perfectly legally.

    That is the point to be honest, if permission and information is volunteered, is it still fraudulent. I'll exclude the fact that mum is confused already.
  • JuneBow
    JuneBow Posts: 302 Forumite
    Judy_Judy wrote: »

    someone they have said it is fraud and if I notified it they would informed their fraud dept. I have not notified them as don't want to go that far if there are alternatives.

    You have probably spoken to a counter clerk who must refer this to fraud. I think you will find that one it got there they would tell you that because there is no dishonesty then it is not a criminal manner.
    However, as someone else had said, it would probably be against the banks T&Cs.
    If there was fraud the police would be involved.
    I think you are doing the right thing by upping security. As you have PoA you have a legal obligation to look after mums money. If you do not have control of her finances because someone else is meddling then you cannot do your job properly.
    I am sure your siblings would be one of the first to complain if you were not doing your job properly.

    Dixon Bainbridge, where I was brought up being rude and ill mannered was considered abusive!
  • Judy_Judy
    Judy_Judy Posts: 44 Forumite
    JuneBow wrote: »
    You have probably spoken to a counter clerk who must refer this to fraud. I think you will find that one it got there they would tell you that because there is no dishonesty then it is not a criminal manner.
    However, as someone else had said, it would probably be against the banks T&Cs.
    If there was fraud the police would be involved.
    I think you are doing the right thing by upping security. As you have PoA you have a legal obligation to look after mums money. If you do not have control of her finances because someone else is meddling then you cannot do your job properly.
    I am sure your siblings would be one of the first to complain if you were not doing your job properly.

    Dixon Bainbridge, where I was brought up being rude and ill mannered was considered abusive!

    This morning was just a telephone call to the bank but I will be going in later and I'll see if I can get someone higher up to confirm the legal situation just so that I can protect mum's limited finances.
  • lilac-straw
    lilac-straw Posts: 359 Forumite
    Wherever were you dragged up


    I think someone needs dragging down from their high horse, don't you? ;)
  • DalePie
    DalePie Posts: 147 Forumite
    Judy_Judy wrote: »
    Is it fraudulent to pretend to be another person ie the account holder, to access their account information via telephone and internet banking?

    Yes, even though everyone does it now and again :rotfl:.

    It's a bit like speeding, most people do it even if its 32 in a 30... Still illegal though.
  • Naf
    Naf Posts: 3,160 Forumite
    First Anniversary First Post Combo Breaker
    Judy_Judy wrote: »
    Thank you for such a quick response.

    Another quick question:

    Is it fraudulent to pretend to be another person ie the account holder, to access their account information via telephone and internet banking?
    antrobus wrote: »
    So why isn't Rory Bremner in prison then?

    For impersonation to be fraud there must be an intent to dishonestly make a gain or cause someone else a loss. Mere impersonation on it's own is not in itself a criminal act.

    interesting.
    Only because at a previous place I worked it became common practise (unfortunately) to call up the customer's existing mobile provider to cancel the contract on their behalf when they were taking out a new deal: mostly because they knew that the existing network would very probably offer a new deal to beat ours. One staff member was particularly good over the phone at having the right details to hand, they would go into the office and quietly get it done while the new contract was signed.
    REALLY DODGY!! And one of the reasons I left.
    Any guesses where something like this would go on? :-P
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
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