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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice.
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Is it illegal to use someone elses debit card with their permission,

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Is it illegal to use someone elses debit card with their permission, and if so what are the maximum penalties?
What has been done with the cards exactly?
Customer: replied 7 years ago.
Used at cashpoint machines and in stores.
It isn't illegal to use it at a cashpoint but it is a deception to use it in a store.

Whats the evidence against you?
Customer: replied 7 years ago.
I have not been prosecuted, but I have been using my terminally ill Fathers card (with his and my Mothers permission)to withdraw money and pay for goods for him and my Mother and I am concerned wether this is legal or not. I have contacted my bank and made them aware, and have now set up the correct standing orders and permissions for future transactions. They are happy with this but I am still interested to know if I am liable to prosecution for the previous usage and what sort of penalties this carries.
You can take money from a cash point with their permission. What you aren't allowed to do is go into a store and use it.

It makes sense if you think about it. If you did that you would be representing to staff within the store that you were that person. That would amount to a deception. But if you draw cash from a machine you aren't deceiving anybody.

One way around it is to draw cash from the machine and then pay for everything in cash.

If you were caught, to be wholly honest, I think you would get a conditional or an absolute discharge. Even Magistrates probably wouldn't get into a tantrum because you are doing some shopping for your parents with their permission!
Customer: replied 7 years ago.
Just one more thing before I accept and pay, .My parents also pay me an allowance for helping care for my Father, so each month I withdraw this amount from their account at a cashpoint and pay it into mine. I assume because this is done at cashpoint machines, this is Ok, am I right?
<p>Thats fine. As long as you have their permission you are operating legally.</p><p> </p><p>I think its all a bit academic though. I can't see CPS thinking this is in the public interest. As long as you aren't taking their money for dishonest gain etc ..</p>
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