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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company has been billed on our credit card by a previous

Resolved Question:

My company has been billed on our credit card by a previous supplier for two transactions of around £2,500 each, of which we had no prior knowledge and certainly did not authorise. Fortunately we spotted this when reviewing the monthly CC statement. On investigation, it transpired that the payments related to one of the supplier's other customers and they have swiftly refunded us. They are apparently carrying out a full investigation, but have they committed an offence here?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

How long were the funds taken for please?

Customer:

Around a month.

Customer:

Obviously would have been much longer if we had not queried.

Alex Watts :

In reality probably no offence

Alex Watts :

It was just a mistake

Alex Watts :

For theft there has to be an intention to deprive you of funds on a long term basis

Alex Watts :

They realised the mistake and refunded - so no offence there

Alex Watts :

I am sorry if this is not the answer you want but based on what you have said, this is the legal position

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Are they allowed to retain our credit card details? Also there is no evidence of this being a mistake. They refunded only when we pointed out the error.
Alex Watts :

Yes they need to keep them for 6 years under the Data Protection Act

Alex Watts :

Does that clarify?

Customer: Including the security.code?
Alex Watts : Yes they are required to keep all detail in case of a dispute.
Alex Watts : Does that help?
Customer: Why is the DP Act relevant? This is not personal data?
Alex Watts : No, but they have to keep data in the event of a dispute.
Alex Watts : They have to retain records for a reasonable time.
Alex Watts : generally 6 years.
Alex Watts : You asked if an offence has been committed, if it was an accident there is no criminal offence here.
Alex Watts : I am sirry
Alex Watts : sorry
Alex Watts : Does that clarify for you please?
Customer: My concern really is that this may not be an isolated incident and may well be a deliberate act. Obviously my company realised it quickly, but others may not be so fortunate.
Alex Watts : If it was deliberate then it may be fraud.
Alex Watts : If it was accidental then there is no offence.
Alex Watts : If in doubt report it to the police.
Alex Watts : They can investigate and prosecute where appropriate,
Customer: OK, thanks.
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