Council Were Negligent When Suing My Minor Son. I Need Help From A Legal Professional.

[UKPerson1]

Basically, my son was 16 years old when he owned a business. He ran up a debt of £600 in business rates. Now, when the council tried to enforce this upon him, this was done illegally. First, they did not apply a litigant friend as he was a minor, thus tried to directly sue him for failure to pay.

However my concern is, when they summonsed him to court, they did not follow the civil procedure rules (contrary to MOJ) which state that if a minor is to be summonsed to court, there must be the appointment of a child litigant friend for it to go to court. The council did not appoint one and subsequently got a judgement out upon him. The CAB and my MP agreed this was not correct, and they breached the civil procedure rules as a minor could not be directly sued for debt without a friend in law.

The council state now because he is 18 they can enforce it. However, because the judgement was illegal is there any cause of action?

[black_cat51]

"1. He should never have been able to run the business. There was no contract."
was he in business premises or at home? if premises, how did he rent them? Was he registered as the owner of the business?

[UKPerson1]

He was in a business premises. He was never old enough to sign a lease, so in the eyes of the law, he was not legally responsible or legally a tenant.

The council never told the court. When I questioned the officer responsible she said she didn't realize that they had to tell the court my son's age! However, the CAB told me this was an absolute joke and that the civil procedure rules were breached by the public body. They also said ignorance is no defence from the council and that they should have informed the court, when they didn't.

If I had £600, then morally I would pay. However, due to the breach of civil liberties, I believe the very least action should be to write this off. My son was threatened at 16 with prison if he didn't pay! he's very stressed and it forced him to quit college, and stop eating fearing that he will go to prison!

This is all wrong! - A public body has the legal duty to care for young people, they didn't. They threatened him and abused their responsibility!

[sherrardk]

Presumably all of his business transactions were also illegal? I can't imagine how he was able to rent a business premises or buy stock to sell - surely you knew he was trading, didn't you have any concerns at the time? Probably just cheaper to pay up or take the CCJ.

[black_cat51]

why did you let him rent a place when it was illegal for him to do so?

[UKPerson1]

Of course not Sherrard. My concern is:

1. Although he was legally able to run a business, he legally could not attain a license. He was not able to get a lease due to his age. The premises owner made a mistake in giving him the lease (they knew he was 16)

2. Of course I had concerns, however I didn't know the law until I approached

They also cited that minors could not be legally enforced debt, unless for 'nesseceries' they cited cases from Peter v Fleming and Nash v Inman. They said that business rates did not constitute a nessesity and that only food, drink etc were nessecity and anything for commercial gain was not.

2.

[Mamyalynne]

I am astonished at the naivety of a Landlord who lets someone sign a lease with no ID, which would of course have a DOB on it - equally forms have to be filled in prior to Court appearances etc, no DOB on those?

Did he have a business bank account, keep accounts and tax returns?


Certainly blunders have been made.

[UKPerson1]

He did not commit anything illegal. My concern is that he should not have been given a lease.

The lease is void due to his age. There is nothing illegal. Only that the premises owner should not have given him a lease without a guarantor subject to uk law.

[Mamyalynne]

Crossed posts there - the Landlord knew and still rented, he must have money to burn then - how bizarre.

[UKPerson1]

He did not have a business bank account, you have to be 18 to get one. The landlord knew his age, but did not get a guarantor.

I am also confused that the council summonsed him to court, knowing his age. This is all abit iffy to me.

[black_cat51]

"2. Of course I had concerns, however I didn't know the law until I approached "
hmmmm, i thought you said ignorance of the law was no defence?
Anyway, you definately need (paid for) legal advice

[UKPerson1]

black_cat - you're correct, but I have no defence to give. This is my son and not me. I see where you're coming from. We are not giving any defence here, the council is the one who were ignorant not my son. (1) he shouldn't have been given a lease (2) he was summonsed unlawfully (3) the council breached civil liberties.

I believe that's all their is to it.

[black_cat51]

oh, sorry, i thought you were offering up a "defence" as to why your son should not have to pay the money he owes

[black_cat51]

it sounds like you AND your son were both ignorant (about the need to be 18 to sign a contract, about the need to pay business rates and so on)

[UKPerson1]

The council cannot fight the evidence here. Simple as that.

It is not up to me to offer a defence, my son has to do that. He has the judgement not me.m

These are my arguments, not my son's, I was just hoping someone could help me out with these.

[UKPerson1]

I reject the notion. My son was not ignorant. I despise that comment.

I was nothing to do with the contract, so calling me ignorant is unjust.

My son was given a tenancy agreement, this was void in law.

[UKPerson1]

Think i'll leave it there.

I will not have comments that my son is ignorant. He was 16 years old for godsake!!!

I didn't ask this to be ridiculed. Where was my son ignorant? - When he signed a lease? No. He was given one and it was voided.

[UKPerson1]

Furthermore, the fact about the lease is impertinent here.

We are talking about business rates and the council. The lease does not tie in with the judgement or the business rate dealings. I was asking primary on what the council unlawfully did and not the lease.