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Anyone good on business law have a problem with credit card!

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Old 18-12-2009 | 03:32 PM
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Default Anyone good on business law have a problem with credit card!

Just want to know if using a company credit card for personal use with the intention to not claim on company expense is still misuse of a company credit card?
e.g say if i was to make a payment for groceries on my company credit card as long as i did not claim for those as an expense and they were paid out of my wages would that be still company credit card misuse?
i allways believed company credit card misuse is when you buy something for personal use but then claim it back on company expenses which would be fraud and misuse.

Can anyone clarify the above please as i am having a dissagreement with my Manager regarding a few food purchases which are personal use on company card but i have not made claims for those purchase under the expenses and expect them to pay from my wages.

Would appreciate no personal remarks: 'i should not have done this' etc..
just need clarification on a legal stand thanks.
Old 18-12-2009 | 03:35 PM
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what does your employment contract say?
Old 18-12-2009 | 03:37 PM
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To be honest, irrelevant if you were not intending to claim, i'm sure your employers would deem it as misuse as you wasnt using it to purchase items associated with your work.

Last edited by LHD220Turbo; 18-12-2009 at 03:42 PM.
Old 18-12-2009 | 03:39 PM
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What name is on the card? If it is yours and you are liable. The company would only find out if you did not pay the balance.
Old 18-12-2009 | 03:40 PM
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seen as you have not claimed for them as expenses and the money comes out of your wages i dont see the problem. however, i'm no lawyer. you will have to see the terms and conditions of the company credit card, thats the only way your gonna get proper clarification as every company is gonna have different t's and c's and procedures to follow.

at the end of they day IF your found to be in the wrong then i cant see it being a big deal if its just some groceries. i'm sure an apology and money deducted from wages would sort it with minimal hassle. UNLESS of course your boss is a complete twat!!
Old 18-12-2009 | 03:55 PM
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I would say it depends on your terms of use for the card.

If I were a manager I would not expect any of my employees to use a company credit card for personal use without prior authorisation from the manager.
Old 18-12-2009 | 04:06 PM
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If i recall when i signed the form for the credit card it said 'no personal use'
However how can this be correct?
if i use the card for fuel and claim that is fine but the way i see it there is not 100% clarification as if i used my card for fuel say on a friday, then carried on using the car over the weekend for personal use then used my car on monday for work then fileld up again monday night. Then i have used the card for personal use!

MY manager has also imformed me that personal use is regarded as Gross Missconduct as its seen as Fraud.
SO its all confusing!
Any proffesionals who know law can give advise plz?

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Old 18-12-2009 | 04:10 PM
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again, you need to read your contract on this as it wont have just been 3 words saying "no personal use"
Old 18-12-2009 | 04:10 PM
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If its in your contract, it is law.

So if it says "no personal use" then there is no personal use, of any kind.

If there is you have breached your contract.
Old 18-12-2009 | 04:14 PM
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Originally Posted by phil_focus
again, you need to read your contract on this as it wont have just been 3 words saying "no personal use"
Well it says a sentance with those words in it the rest is not relevant to personal use.
Old 18-12-2009 | 04:16 PM
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Originally Posted by Punkie
If its in your contract, it is law.

So if it says "no personal use" then there is no personal use, of any kind.

If there is you have breached your contract.
SO if i use my card for fuel every day then i am in affect breaching the contract as when i drive my car home that is 'Personal Use'

so this is not Black and white and this is what i am trying to get across.
Old 18-12-2009 | 04:17 PM
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To be fair, if you have signed something saying that you agree not to use the card for personal use and then used it for personal use...you should bend over.

IMHO.

If you needed clarification of what personal use was, you should of asked before signing it.
Old 18-12-2009 | 04:19 PM
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Originally Posted by morph
SO if i use my card for fuel every day then i am in affect breaching the contract as when i drive my car home that is 'Personal Use'

so this is not Black and white and this is what i am trying to get across.
No.

If you are driving to a job, or from a job, then you're still using it for work.

However if on the way home you do a 25 mile diversion to go see some mates 3 nights a week, yes it is.

It's not black and white but it is about common sense.
Old 18-12-2009 | 04:21 PM
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It depends on a large number of things and if you want to take it to PT to discuss then I am willing to do so. I work as compliance accountant (auditor) for a large company and deal with these sort of cases regularly.

PT me an we'll have a chat.

Jeff
Old 18-12-2009 | 04:21 PM
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Originally Posted by Punkie
No.

If you are driving to a job, or from a job, then you're still using it for work.

However if on the way home you do a 25 mile diversion to go see some mates 3 nights a week, yes it is.

It's not black and white but it is about common sense.
thats what i mean once i start using my car after work then surely that is breaching my contract because in effect i am using the fuel i filled that i paid on my company card.
So then the question is how is it fair to say no personal use?
Old 18-12-2009 | 04:23 PM
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Originally Posted by bookwyse
It depends on a large number of things and if you want to take it to PT to discuss then I am willing to do so. I work as compliance accountant (auditor) for a large company and deal with these sort of cases regularly.

PT me an we'll have a chat.

Jeff
whats PT?
Old 18-12-2009 | 04:38 PM
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thanks for the advise now please no more as i have found someone.
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