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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My friend has committed card fraud using a lost card to make

Customer Question

My friend has committed card fraud using a lost card to make an online transaction of £700. She hasn't been found out but what will be the possible sentence if she is. This is going to be her first offence and her actions don't reflect her true character. She regrets what she's done but is really anxious and worried because she has a family.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are the circumstances please?
Customer: replied 1 year ago.
My friend found a lost card and used it to make a purchase.
Expert:  Jo C. replied 1 year ago.
WAs it really found?
Or was it stolen?
Is this just one transaction?
Customer: replied 1 year ago.
It was found, one transaction was made.
Expert:  Jo C. replied 1 year ago.
Will it link to her?
Customer: replied 1 year ago.
Not to her address, she wired the money using a money transfer service.
Expert:  Jo C. replied 1 year ago.
Will the account link to her?
Customer: replied 1 year ago.
No, but she collected the money using her name.
Expert:  Jo C. replied 1 year ago.
Well, that doesn't necessarily link to her. A large number of people use the same name.
However, if she is caught then it is credit card fraud and that is taken very seriously. On a first offence they would normally offer a caution but I don't think she can rely on that given the serious offence involving premeditation and the amount.
They may want to charge and send it to court. It is possible that they could just fine her though. I have seen people receive fines for similar offences. It is too serious for a conditional discharge.
There will also be costs of £85, a court charge of £180 and the victim surcharge of roughly 10% of the fine.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thanks for your answer. Is she likely to be sent to jail for this or receive a criminal record? How much could she be fined? Who will prosecute, the bank or the victim?
Customer: replied 1 year ago.
Hi Jo,
I'm still waiting for your response to my reply.
Expert:  Jo C. replied 1 year ago.
It is possible that they could just fine her though. I have seen people receive fines for similar offences. It is too serious for a conditional discharge.
There will also be costs of £85, a court charge of £180 and the victim surcharge of roughly 10% of the fine.
it will be prosecuted by CPS.
Customer: replied 1 year ago.
Do you think she'll be asked to pay back the money if she's found guilty?
Expert:  Jo C. replied 1 year ago.
Yes, they will make a compensation order in the sum of the loss.
I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.
Could they issue a search warrant for this type of crime?
Expert:  Jo C. replied 1 year ago.
They could but they won't. There is no reason to really on these facts.
Customer: replied 1 year ago.
One last question, which offence would this fall under in the uk fraud act?
Expert:  Jo C. replied 1 year ago.
I would charge it as S2 fraud by false representation.