NSW Consent Given to Use Visa Card - Now Being Denied?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mumee

Well-Known Member
10 July 2018
33
0
121
So, basically I was given permission by my father that I could use his visa card to pay off some bills, so I did. Next day, he reports it stolen and claims he never allowed me to do that. The wallet has gone "missing" and all the payments that are made are in my name so it's very clear that I made the payments and also clear that I didn't seem to try hard to cover my tracks.

What type of proof is needed to prove my innocence? What sort of defence do I have with only really my word against his?
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
Tricky situation, what comes to my mind if you have history with your father. What I mean is if there are any problems and you are able to support that through statements by others in the family. For example, other than that, as you said it is your word against him, and it seems you really did the right thing, asking to use it and not covering up, this will come to your advantage, but the law is the law.

It is better to get statements from others (depending on your relationship with your dad that is).

Good luck.
 

Mumee

Well-Known Member
10 July 2018
33
0
121
Tricky situation, what comes to my mind if you have history with your father. What I mean is if there are any problems and you are able to support that through statements by others in the family. For example, other than that, as you said it is your word against him, and it seems you really did the right thing, asking to use it and not covering up, this will come to your advantage, but the law is the law.

It is better to get statements from others (depending on your relationship with your dad that is).

Good luck.
thankyou for your input :)

my father and i have not seen eye to eye for probly almost 10years ,, there is a history of DV however much younger i dont thnk any charges were pressed as an adult has to initiate for a minor. as i left home early to get out of this environment was absent some time althoguh kept a relationship with my mother, i have moved back sinse had a child whom has brought us somewhat capable of being in the same room together. its unusual for him to pay for my things and usually has cash for what ever reason but its unusual for hi to ever pay for anything what so ever.. but if he does, everyone will know he did.
as a minor i had been charged with theft (from retail shopping centers). charged as in not just a section 10.
that was just over 10 years ago now.
he has a history that i cant give word for word but i know at least one AVO, he been on behavior bonds, assault charge id say, aswell as him punching a minor twice REAL HARD (45 aged man against 16 adolescent boy) not sure what type of punishment he got from that..seems like f**k all. but
id say i have a good chance at better references, my mum was there but i dont think wives can say anything,,
if found guilty (but shouldn't as they need reasonable doubt right?) may just incur a fine or someting smallish however a record. wondering if its worth stressing over finding evidence, but i supposed fraud probably isnt a good idea to let slide,,
 
Last edited:

DMLegal

Well-Known Member
28 May 2018
187
33
514
It definitely isn't something I would be 'letting slide'. Have you been charged yet? If so, what were the charges?
 

Mumee

Well-Known Member
10 July 2018
33
0
121
no so this all happened yesterday, well the payments anyway and this morning he reported it missing. no idea whats happening just got a call from mum saying he cant find his wallet and he went to police for it and getting fraud looking into the charges made on the visa. i called "father" no answer then messahed him saying i dont have his wallet and he said he was gonna pay those bills with the details of visa that i used. so yeah just recent, ill book a consultation with a soliciotr when they open
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
No point getting a solicitor yet, have your preferred solicitor on stand-by in case the boys in blue do pay a visit. Give no comment until your solicitor arrives, I can't stress this enough. Sorry to hear about your situation, must be stressful. In relation to the other part of your question, it is hard to tell what you might be looking at without knowing the charges. What was the combined value of the bills? I will give you a very rough guide in relation to the charges you might face if you like.
 

Mumee

Well-Known Member
10 July 2018
33
0
121
o
No point getting a solicitor yet, have your preferred solicitor on stand-by in case the boys in blue do pay a visit. Give no comment until your solicitor arrives, I can't stress this enough. Sorry to hear about your situation, must be stressful. In relation to the other part of your question, it is hard to tell what you might be looking at without knowing the charges. What was the combined value of the bills? I will give you a very rough guide in relation to the charges you might face if you like.
y

your amazing,
it was a bill to the electricity company paying in advance before connecting. i think about $300?
and $500 approx charge to an overdue ending contract with a subscription.
i also perhaps made a paywave with his card a charge of $60 of shopping whivh i was sure i paid with cash, however it seemed my mum asking about the same price transaction in the location that i was in at the time meant i clearly used his card.. is air head a defence? :/
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
No problem, okay well the 'PayPass' transaction doesn't help. Both the phone and PayPass transactions do not require you to know the PIN. It makes it seems more like you were not given authority by him to use it whatsoever. In any event, the total is less than $1000. If charged with theft you will most likely be given a fine. If charged with fraud, at least in Western Australia, you're looking at a big fine, community service or a suspended sentence. I would fall off my chair if my client got sent down for such relatively minor offences. Air-head would be a defence to using it for PayPass once, but with the bills in there too, air-head wouldn't fly im afraid.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
I read the comments above and DMLegal has more experience with this more that I do, but my comment is to look at the overall picture: is try to prove, based on the history with your father, that you did that or you did not do it, then all the details will fall under it and you will not need to defend each case by case, I am sure DMLegal will have input on this.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
I read the comments above and DMLegal has more experience with this more that I do, but my comment is to look at the overall picture: is try to prove, based on the history with your father, that you did that or you did not do it, then all the details will fall under it and you will not need to defend each case by case, I am sure DMLegal will have input on this.
Not so much input other than to say that is a good point. Don't take the situation in the abstract given any prior relationship can be relevant to intent. For example, in the case of fraud it needs to be proven you intended to deceive.