grandson

[billyboy10]

my grandson was only 15 at the time told a mobile phone co that he was 18, since then his mother found out and wrote to them telling them what had happened, but they are saying that the lad has still got to pay for the contract that he took out with them, does he have to? and can they take him to court for what he has done? his mom and dad have said that they will pay for the phone so that the phone co are not out of pocket but will not pay for the contract, the phone co are still sending the lad phone bill even though he is not using it.

[redcrx]

Itd probably be cheaper to pay the contract than to pay for the actual phone.

[R1Geezer]

Of course he's liable, why would fraud make him exempt from debt? Yes they can go to court for recovery of what is owed, yes he can have a dodgy credit record at 15, yes he could be prosecuted for fraud.

On the other hand the company may also be in hot water if they cannot demonstrate they did proper checks to make sure he was 18.

He should pay what is owed somehow, the parents should sent the phone back and pay the contract rather than just paying for the phone.

[Hymie]

My understanding of the law is that you cannot sue someone under the age of 18 in the UK.

That is why these companies make sure that the people they are dealing with are 18+. Unfair as it may seem, your grandson should return the phone to the shop � tell them that he is under 18 and walk away from the deal.

There is nothing the shop can do to force your grandson to pay � other than send the boys round.

[johnny37]

This same situation has arisen with minors running up bank charges. Under 18 you cannot legally make a contract so it is unenforceable, even if he lied.

[paraffin]

I agree with johnny37. He couldn't have bound himself to a contract he was unable to make in the first place.

They're trying to put the frighteners on. Call their bluff because that's all they're doing.

It may help if you contact your nearest Citizens Advice Bureau for free legal advice.

[bednobs]

dont you have to provide debit/credit card details for a phone contract? if that is the case what details did he use?

[Tim123]

Legally, the contract is probaly unenforceable. Morally, it should be honoured. 15 is old enough to know that actions have consequences, and a few quid for a phone contract is a cheap way to learn an important lesson.

[johnny37]

This raises another interesting issue. Can a minor have a credit rating? If they can it may ruin his chances of getting credit in the future, or getting a credit card which most 'grown ups' take as a normal part of life theses days.

[dzug]

At one time contracts with minors were enforceable if they were for 'essentials of life'. I suspect a mobile phone could come under that heading these days.

[pfabc123]

What lesson are you teaching your child. Its ok to lie to get what you want. My suggestion is this:
Write to the phone company and agree to a payment plan with them that your son can afford based upon his earnings. You could become his employer and make him do some family community service to pay back for the error of his ways or get a milk round or paper round job to pay it back. Either way he understands that punishment and lied go hand in hand. Get a grip and stop wasting your valuable time fighting on behalf of your childs stupidity with the phone company and lay the responsibility where it lies. Your son. The more you fight against the phone company the more you are reenforcing your sons idiotic behavious and it wont be long before you are sorting out many more disputes on his behalf or you are visiting him in jail for fraud

[daffy654]

pfabc123..............

I think if you re-read the original post you will find that it is the posters grandson (not son) who took out the phone contract.