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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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Hi A student of mine apparently used with or without a permission

Resolved Question:

Hi A student of mine apparently used with or without a permission his friends Credit to buy some products online when he was 17. He has now turned 18 but his friend is now treating him to pay an enormous amount of money or will give him to the police in UK. He is on Student visa in UK. Is he responsible for his actions that he did at the age of 17 ? What actions will police take if he will be sued?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your quesiton and welcome.
My name is ***** ***** I will assist you.
Even as a 17 year old he is responsible for his actions. Crucially though the element behind whether this is a police matter or not depends on whether he was given permission.
If he was not given permission then this is fraud, if there is even a hint that he was verbally told he could use this credit, then the police are unlikely to investigate this as fraud. They will say it is simply a civil claim where by he owes this individual money.
The individual however cannot charge interest or penalties on this as if it is a loan, he can demand his money back and if he made a county court claim he might be able to claim interest.
How much money are we talking about?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 3 years ago.

Dear Alex

They were friend for over 2 year kept using each others cards borrowed and lent money to each other his friend left his credit card details saved on my students(Jay) lap top in Jays flat. and jay apparently did some payments not over 1000 pound when he was 18 and maybe few hundreds after he was 18. No his friend is claiming over 20000 pounds and treating to give him to police and claims that he used almost all the money on his account while he was using it at the same time. what is the worst legal action can be taken against him and can he be kicked out of university if its heard?

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
There are two elements to this:
1. Criminal Complaint - if they have a history of using each others cards with permission then it will be difficult to prove this. It will have to be left with the police and unless there is overwhelming evidence of dishonesty and fraud I would be surprised if the police pursue this;
2.Civil Dispute - this individual would have to sue him in a county court for this money. This would involve having to prove with bank statements etc that he is owed £20k. If he cannot do this the claim wont be successful. Also even if he gets a county court Judgment if they other individual does not have the money then he wont be able to pay.
I do not think he will be kicked out of University unless some criminal charges are brought against him.
Kind regards
AJ
Customer: replied 3 years ago.

Thanks Alex

The worst case lets say he did you his friends card without permission and made payment of 2000 GBP what kind of criminal action cam be taken against him ? Will he be forsed out of country too if he is found guilty?

What kind of proof he has to provide to the court that he had his permission to use the card ? apart from being friend and spending all their time together for last 2 years and his friend never complained about the use of card over long period until his father got involved.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Say he did use the card without permission, presumably he thought he had permission and owned up to and has tried to conceal? If that is the case then again this is not fraud.
Whether he was kicked out of the country depends on the terms of his visa. Fraud is so difficult to prove, even with good evidence. If there is any suggestion that he has not been dishonest or tried to conceal the use of the card, then it is unlikely the police will pursue this.
He would have to prove and provide evidence of a dishonest state of mind and intent. If they have always used each other's accounts and it was always acknowledge that this individual would repay the other then this is not dishonest intent.
Kind regards
AJ
Customer: replied 3 years ago.

Can he be jailed the worst case for 2000 pound > he is happy to pay what he have used. he said he thought he has permission as before he was given and was intending to pay it back.but father of his friend asks for 20000 or even more.if it can get him to real trouble if proved he has to pay what ever money they are asking for.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
He can be jailed for theft full stop. However as I said theft and fraud have to show a dishonest intent. This is not easy to prove without evidence. Unless he went to great lengths to hide the hide the spending or it was a flagrant breach of trust then it is highly unlikely that theft charges will follows.
As for his friend claiming £20k - he can only claim what he is owed. He cannot blackmail him as that in itself is a crime. Your friend should just pay what he thinks he owes, and if this person maliciously reports him to the police he should co operate fully and explain their prior history as that will clearly show a lack of dishonesty - from what you have told me.
Kind regards
AJ
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