On the back of any bank plastic there is an inscription that the card can be used only by the person whose name and signature are indicated on it. But situations where a husband and wife pay each other's credit cards are common everywhere. Let's take a closer look at these circumstances. How legal is it to use someone else's bank card and what threatens violators.
Where is the ban on the use of cards by third parties spelled out?
There is no law prohibiting the transfer of a personal or unnamed card to another person. This issue is regulated by internal and departmental documents. The duty of the cardholder to keep confidential information in secret and not to transfer the plastic carrier to third parties contains:
- on the back of the payment instrument;
- in the contract;
- in the Terms of issue and service of cards;
- in other documents that each client signs before starting cooperation with a credit institution.
The conditions for violation of agreements are also spelled out there. The ban on the use of someone else's bank card is provided for by the Rules of international payment systems and the CBR Leaflet "On measures for safe use bank cards», Distributed among the clients of credit institutions.
Responsibility for using someone else's card
The agreement with the bank and the Terms of Service stipulate the procedure for the client's actions in case of detection of third parties' access to information about the PIN code or card details. If these facts are revealed, the holder must:
- urgently notify the bank by any of the available methods;
- block plastic media through Personal Area, mobile application or by calling hotline financial institution.
For violation of the agreement, the Bank has the right:
- block the card;
- take measures to remove it;
- suspend or terminate debit transactions while maintaining the ability to replenish the account.
Thus, if the fact of transferring the card to another person is revealed, the plastic holder may completely lose access to his money until the end of the proceedings.
Important! Is there a legal way to give another person access to money on the map. The account holder can issue additional cards for the wife, husband, children and other citizens.
Criminal penalty
This type of offense falls under Art. 159.3 of the Criminal Code of the Russian Federation - "Fraud using payment cards", introduced in November 2012. The punishment provided for in the article is chosen by the judge from the following options:
- a fine of up to 120 thousand rubles;
- arrest up to 4 months;
- restriction of freedom up to 2 years;
- the convict's earnings for a period of up to 1 year;
- compulsory work up to 360 hours;
- correctional labor up to 1 year;
- forced labor up to 2 years.
Due to the loyalty of banks to their customers, criminal prosecution of cardholders and people close to them in the absence of damage is usually not applied. However, you should not forget about its existence. A credit institution, like the owner of a bank card, can act as an injured party.
We hope that this information will be useful to all users of our resource and will relieve even a very close person from the temptation to use someone else's card.
Bank cards and other electronic money are gradually replacing good old cash. This is a worldwide trend. It is fashionable, modern and convenient to use electronic money. BUT! Cash (or in other words "cash") has several undeniable and powerful advantages that we do not know about or have safely forgotten.
Personal history
I remember opening and receiving my first bank card. It seemed very cool to me. Then, with the growth of earnings, banks began to offer me "status" cards. I thought, "oh, how cool!" Gold, platinum, black edition cards! So solid and beautiful, so much free stuff, so many bonuses and privileges! And why do banks need it ?!
When I found out “why” - I decided to get rid of the cards, but it took me a couple of years to take this step - I grew so strongly to them 🙂 Therefore, I dedicate this article to unfashionable, out-of-date, non-status, inconvenient paper cash! Let's see why the cash is so cool and why people all over the world still say “cash is the king!”. So the cache ...
Saves 20-30 percent or more in stores
According to many, we spend 20-30 percent or more more money in stores when we pay with cards. "Plastic" doesn't hurt. Parting with paper money earned by "blood and sweat" is much more "painful" in moral terms. This was the main, but not the only reason why I switched to cash.
Helps you get the best price
Sellers often give a better price as well, because cash is not counted for taxes, and because the seller pays a commission to process money paid with cards. In either case, it is cheaper and faster for the seller to receive cash.
Stops from loans, debts, fines and commissions
You cannot spend more than you have when you are using cash. And everything changes when you have credit card... Why wait when you can buy what you want right now ?! In addition, using the cash, you will not pay the bank a commission for opening and using the card, for SMS informing, for withdrawing cash, for insurance, etc., as well as fines for late replenishment, for overspending on the card, etc.
Simplifies budget and cost control
Helps you learn to postpone pleasure
Children want everything now. Unmatched adults want the same. Both those and others are not used to waiting, postponing and achieving goals. Why wait when you can get a card or take out a loan ?! And, nevertheless, the ability to postpone pleasure for later is one of the most important skills in finance and in life. Not only will you not spend more money and not get into loans, you will much more appreciate the thing in which your time, diligence and expectation of purchase are invested.
Helps Eat Healthier
He is welcome everywhere!
In many countries, in many places, they still prefer the good old cash or set a limit on credit card transactions. Also, many sellers add 1-2-3% to the price of the product if you pay by card.
It's harder to steal
Stealing money from a card is easy. When I used cards, they stole quite large amounts of money (thousands of dollars) from cards 3 times, provided that I am sooooo careful in terms of money and cards. I managed to get the money back, but I know many stories when bankers did not return money or harassed people in the courts. It is more difficult to steal cash because usually people don't carry thousands of dollars in their pockets.
Indispensable in emergency situations
Helps you enjoy shopping more
Not only will you spend less money in the store and get a better price using cash, but you will also get more moral pleasure from purchases paid for in cash.
This is also supported by research in the Journal of Consumer, which has shown that using cash increases the psychological “pain” of parting with money, and therefore strengthens the “connection” with the purchase. This makes you appreciate the purchased item more and gives you more moral satisfaction.
More private
Criminals prefer cash for a reason! 🙂 Cash transactions are difficult or impossible to trace. How can this be useful to ordinary citizens ?!)) Well, firstly, there are fewer card transactions, less risk of exposing your card and becoming a victim of fraudsters. And secondly, the data about your shopping preferences and purchases cannot be shared or sold to anyone if you use the cache.
It's easier to say no
It is what it is! It is much easier to say no to yourself, your spouse, your kids, and anyone else when you run out of cash and cannot spend what you don’t have. This stops you from overspending and unnecessary purchases. A completely different story with cards, when you have the opportunity to buy on credit and not wait.
Conclusion
Electronic money is replacing the cash that people have used for thousands of years. However, you have to pay for the convenience of using electronic money - we spend more, borrow more, lose the ability to wait and achieve financial goals, expose ourselves to additional risks and, what is most insulting, we get less pleasure from shopping.
Call to action
If you want to ✔ significantly reduce your expenses, ✔ repay loans faster, ✔ learn to control your expenses more effectively - get rid of (at least for a while) from all bank cards and electronic money (possibly, except for one debit card to receive a salary and pay for purchases on the Internet)... You can return to the maps at any time if you don't get the results you want.
May be helpful!
Giving up cards is one of many steps allowing you to improve your financial situation. If the number of your debts is off scale and is not limited only to credit cards (for example, you also have a mortgage, car loan, consumer loans, debts to friends or relatives, etc.) and you cannot deal with debts on your own - check out the 2-week I will teach and show you how to return (all) loans and debts 2-3 times faster than the term and save on interest, as well. 2-3 times.
The course consists of 15 video lessons, after passing which you will not leave a trace of your debts! Investments in this course will pay off 60 to 80 times (!), Which can be mathematically verified!
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3️⃣ like, repost and write your honest comment
This way I will know that you like what I do, and I will create useful materials more! Thanks a lot in advance!
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👋 And I wish you prosperity in finances, family and life!
With you was Timur Mazayev, aka MoneyPapa - an expert on family finance.
With cash withdrawals without commission, like credit cards, they are becoming more and more popular. 45% of people use exclusively non-cash money and this figure is growing. Cards are more and more in demand, because they are convenient, safe and profitable to use. Every year there are more places where you can buy something by paying by bank transfer and in a contactless way.
7 reasons to prefer "plastic" to paper
The stable notion that plastic rectangles with chips were invented by banks for their profit prevents people from switching to cashless payments. They lose the opportunity to:
- earn with cashback and other bonus points;
- pay for services, fines, taxes directly from home;
- control your expenses without writing in a notebook.
With the help of "plastic", queues in stores are reduced, their owners do not have to carry a bunch of coins and banknotes with them. You can find out about the account status in one click by visiting an online bank or by going to a special application.
"Plastic" does not carry germs and viruses
When choosing what is more convenient to pay by card or cash, think about how many microbes and bacteria live on the surface of banknotes. According to research, paper money contains almost 7 times more dangerous microorganisms than toilet rims. The flu virus on banknotes lives up to 17 days.
To protect yourself, you will have to constantly wipe your hands with antibacterial agents, which is not always convenient. It is enough to treat a bank card with an antiseptic and use it further. "Plastic" is most often held in the hands of only the owner, but money passes through dozens, hundreds, of hands.
Bank customers receive cashback
Cashback is a percentage of payment for a service or product that is returned to the client's account. It comes in the form of bonuses or real money. You can pay with bonuses:
- Air and railway tickets.
- Fuel at a gas station.
- Online purchases.
- Products, clothing and other goods in the partner trading networks of the bank.
Real money can be saved and disposed of at your own discretion.
Each bank has its own cashback percentage. The minimum 1% is found in most credit institutions. Maximum 30% cashback on debit card Bank Tinkoff has.
How can I pay for my purchases in a store with a card in order to use cashback? To do this, you must comply with the terms of the credit institution. They set the following requirements:
- irreducible account balance;
- obligatory purchases from partners;
- the minimum amount of expenses per month.
In addition to the cashback provided by banks, you can receive refunds from purchases using special ones.
Convenient to take with you and pay
For a run, on a trip to a neighboring city or for a walk with the dog, you can take one card, not your wallet. And all the money is in my pocket. You can pay for anything you want with it.
Paying for purchases with "plastic", you do not have to constantly look for smaller bills or iron change. The payment time is reduced to a few minutes. It is enough to bring your phone or card to the terminal, and the purchase is complete.
Just make transfers, pay utility bills and control your expenses
The money in the account can be transferred to friends and family if they need financial assistance. You don't need to go anywhere for this. All transactions are carried out in the online bank or banking application.
You can pay for gas, electricity and other utilities online. No queues at the checkout. One click and the bill is paid. At the same time, the bank does not take a commission for operations or its percentage is lower than in the operating cash desks.
Cost control is carried out due to the built-in system. Through the application, you can see what the most money is spent on during the month. With the help of SMS-informing, the client of the bank always knows where the finances were spent and how much is left on the account.
Easy to get a loan or loan
The money is running out, and there is still a week before the paycheck? Do you urgently need to buy any expensive item or equipment? A bank card will solve the problem. A loan for it can be obtained online, without visiting the office of a credit institution.
The lender will transfer the required approved amount to the account, and the money can be used. All you need to get a loan is to choose a bank, submit an application and send the necessary package of documents to the bank.
Online loans to a bank card are issued without refusal by microfinance organizations. It is easier to obtain microloans than a regular cash loan. There is no need for certificates confirming income, and you can pay off quickly and without overpayment of interest if you repay the debt on time. It takes no more than 30 minutes to get a loan.
The card can be blocked and restored in case of loss, theft without damage to finances
Cash in your pocket, purse or bag is easy to lose. Thieves can also encroach on "cash". And if they take out the money, then the percentage of their return is zero.
Another thing is a bank card. can be quickly blocked in one call to the bank. And then - write an application for re-release. The money left in the account will remain there.
Cards are stronger and more durable than paper money
"Plastic" accidentally hit the washing machine? There will be nothing in 70% of the card. Even if it stops working, it will be changed to a new one at the bank within 5-10 days.
After washing, paper money can be strongly deformed. Banknotes will either fade, or turn into mush, or severely tear. To exchange them for whole bills, you will have to go to the nearest bank office and stand in line at the cashier.
Conclusion
The future belongs to bank cards and contactless payments. No matter what is said about the vulnerability to fraudulent activities, "plastic" remains a convenient and easy-to-use means of payment. The only thing is that in order to ensure the safety of your money on a card account, you need to know about.
Paying with a bank card is much more convenient than cash, and it hardly takes up any space in your wallet - unlike a pile of change and a stack of bills. In addition, today cashless payments are possible not only in stores, but also in public transport, and very soon it will even be possible to withdraw money from a personal account at the cash desks of stores. But still, in some cases, experts recommend forgetting about convenience and paying with "cash". We will tell you in what situations payment by card may be unsafe.
The card does not belong to you You pay abroad
You shop online
You are an entrepreneur
You pay for the order in a questionable institution
The card does not belong to you In no case should you pay with someone else's card - even if it belongs to your spouse, mother or son. Of course, if you do not want to sort things out with representatives of law enforcement agencies. The fact is that if the cashier notices a discrepancy (for example, you are a man and pay for the purchase with a card registered in a woman's name) and asks for a passport, according to the instructions, he must call a police outfit to the store. And the security will not let you leave the point of sale until the law enforcement officers who have arrived at the place find out who you are and where you got another person's card from.
You pay abroad
In September 2018, a law was enacted in Russia that allows banks to block customer cards if the operator finds a money transfer suspicious. And first of all, these include transactions for an amount atypical for the cardholder, or transfers made in an uncharacteristic place for him, for example, on the territory of another country. And as you yourself understand, staying abroad without a bank card is not the best prospect. Advice: prepare for trips outside Russia in advance: call the bank and inform about your departure. In this case, it is better to play it safe once again than to find yourself without a livelihood in a foreign country.
You shop online
Paying for purchases in online stores - especially unverified ones - is very dangerous. Firstly, the site may turn out to be phishing - with the help of such fraudsters they deceive all the necessary data from the owners of bank cards, and especially inventive ones even “fake” popular resources in such a way that you can't tell the difference. Secondly, if the card is “lit up” on the Internet at least once, it is possible that its details will fall into the hands of intruders, which means that the money that is stored on it can be stolen at any time. In order to protect yourself, banks advise using a separate card for online purchases, to which you will transfer only the amount that is needed for the purchase right now. Another option is to get a special virtual card.
Today it has become so customary to pay for purchases made in stores using bank cards that fewer people use wallets.
However, this convenience can sometimes go badly. Many real-life examples show that it is not always worth relying too much on cards.
Let's describe a quite typical situation. The wife went shopping with her friends, taking her husband's bank card with her. Is there any difference with cash here?
At first glance, there is not the slightest difference - except that the option with a card often looks even more preferable for some women (since you can spend significantly more). However, in such cases, lawyers recommend taking cash from your spouse.
By presenting a bank card issued for your spouse at the checkout, you are actually trying to pay with someone else's card. At least this is how it might look from the salesperson's point of view.
It can be argued here that, according to the provisions of the Family Code, all funds that spouses receive during marriage are their common property. Accordingly, they both belong to them. The same applies to the money that is credited to bank cards.
This is true, but there are also peculiarities of the application of banking legislation, which states that the withdrawal of funds from the client's account is possible only on the basis of his own order.
Without such an order, the cancellation of funds is allowed only in some strictly specified cases: in accordance with a court decision or an order of the bailiff. At the same time, the use of bank cards by a spouse is not provided for among such exceptions.
Therefore, the refusals of outlets in such situations to accept other people's cards for payment are completely legal. Here you can cite a characteristic example from judicial practice (according to the decision of the Central District Court of Kemerovo in case No. 2-8448 / 2015).
Having entered the supermarket for groceries, the citizen collected the necessary purchases and went to the checkout to pay. Starting to arrange the products into packages, he gave the cashier a bank card for payment.
The cashier, however, refused to accept the card given to her, since it could not belong to this buyer - it had female data on it, and the buyer was a man.
The citizen said that the card was issued for his disabled wife. Since it is difficult for his wife to walk, he buys groceries himself. The money on the card belongs to his wife, who gave him the card and provided him with the PIN code for making payments in the store.
The cashier in response refused to accept the card for payment, referring to the relevant orders of the management. The citizen, in turn, decided not to concede and refused to withdraw the required amount in cash at the nearest ATM.
The security staff of the store got involved in the flared up conflict. As a result, the man was detained by calling a police squad. The arriving police officers drew up a report on the attempt to steal food from the store.
The citizen was taken to the nearest police station, and then he also had to appear before the magistrate. Fortunately, he was able to explain the true circumstances of the case, so the charge of petty embezzlement was dropped and the case was dropped.
After that, the citizen, in turn, decided to go to court, accusing the store of causing moral damage due to the refusal to accept his wife's card for payment. But the court did not support him, considering the actions of the cashier to be completely legal.
Although the law does not explicitly prohibit the use of spouse cards, the court indicated that the bank card is a personal payment document, the right to use which exists only with the owner of the bank account linked to it.
Banking rules also explicitly prohibit the transfer of the PIN-code by the cardholder to third parties, including relatives... Upon discovery of the fact of such a transfer, the bank has the right to relieve itself of responsibility for the fate of the funds on the account.
Consequently, the law does not provide for the conduct of operations with the card if it is presented not by the owner, but by another person.
Therefore, when visiting the store with your spouse's card, you should prepare in advance for the possibility of ending this trip at the police station.