Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default debts from under 18 years of age

    can debts from when you are under 18 stay on your credit file? a friend of mine got into trouble with britannia when he was 16 and it messed up his credit rating but from what i understand a minor cannot enter a credit agreement so it would have to be taken off by experian ? am i right?

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  2. #2
    vortex
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    Default Re: debts from under 18 years of age

    I think you are because to give credit to a minor is against the Consumer Credit Act. If he did have charges from them he is entitled to all of them back. And a notice of correction to his file.


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    Default Re: debts from under 18 years of age

    would they have to remove them from his file?


  4. #4
    vortex
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    Default Re: debts from under 18 years of age

    If the charges and the default ALL stem from when he was under 18 and were on his file while he was under 18 then yes.


  5. #5
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    Default Re: debts from under 18 years of age

    I'm not sure about that Vortex, as I think he would still be liable for the debt as he set out to obtain credit by deception.

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    Default Re: debts from under 18 years of age

    Hmm,

    i would suggest that it is against the law for anyone under the age of 18 to be granted credit,

    now i see no mention of the person setting out to obtain credit by deception,furthermore the company would surely have a duty to ensure that they have robust enough procedures in place to make sure that children are not granted credit

    regards
    paul


  7. #7
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    Default Re: debts from under 18 years of age

    Britannia went in to recivership ages ago now.

    They were never good at checking if the person was over 18 as my sister was sent music CD and l was sent music CDs and Videos when we were both under 18.

    I had just started college fresh out of school and she was fresh out of school in 6th form.

    I never paid for them and they never chased me.

    Chrissi

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    Default Re: debts from under 18 years of age

    Please note. For the avoidance of any doubt...

    It is completely unlawful (illegal if you wish) to extend any kind of credit to a person under the age of 18.

    It is the creditors responsibility to ensure the legality of the agreement.

    Beware of the fraud aspect though..

    I agree with Paul, but i'm drawn not to agree with Scott. The creditor is responsible for ensuring the legality of the agreement.

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    Default Re: debts from under 18 years of age

    When someone signs an agreement with a company like Britannia, they should know they have to be 18 years of age.(if they have read the T's and C's. and the agreement, no ?). therefore setting out to obtain credit by deception.(unless the guy didn't read the agreement and did not realize he had to be 18. .)(That's me covering my back).I know it's completley unlawful to extend any kind of credit to a person under 18, but it happens. So if someone under 18 applies for credit and gets it, he can get away with running up thousands of pounds of debt, without having to pay it back, sorry but that cant be right.(or is it, I'm only a Painter and Decorator). say's It all really. . It's like saying you can rack up as many defaults as you like, before your 18, then getting them all wiped off your credit file on your 18th birthday. Which begs the question, at what age will your credit file start.?

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  10. #10
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    Default Re: debts from under 18 years of age

    Marroon, the answer is NO. The minors' contract act 1987, I believe, allows the Minor to ratify the agreement on maturity of age ie 18. Children's account from 11 will normally have the child's signatureicon on them and the account will revert to an adult account on reaching 18 years of age.


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    Default Re: debts from under 18 years of age

    Most of the britannia accounts came out of the back of a newspaper or magazine.

    As we no those types of slips are not credit agreements and dont have much space on them so they dont ask you many questions.

    I no that is how l got my account.

    Chrissi

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    Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

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  12. #12
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    Default Re: debts from under 18 years of age

    Quote Originally Posted by vortex View Post
    Marroon, the answer is NO. The minors' contract act 1987, I believe, allows the Minor to ratify the agreement on maturity of age ie 18. Children's account from 11 will normally have the child's signatureicon on them and the account will revert to an adult account on reaching 18 years of age.
    Presuming that the "now adult" agrees to ratify it...?!

    You cannot enter into a Credit Agreement with someone under the age of 18, a minor.

    It is the creditors responsibility to ensure that the Law is adhered to..

    period.

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  13. #13
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    Default Re: debts from under 18 years of age

    I think alot of preumptions are going on here.

    He owes them money but no one knows how.

    A friend of mine sons had 2 standing orders go out of his basic student bank account. He didnt have enough money to pay them and he was charged £76 for the trouble which put him overdrawn.

    I wrote to the bank on his behalf advising that he is not allowed any for of credit and they refunded the money

    Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

  14. #14
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    Default Re: debts from under 18 years of age

    Hi binkhus!

    Read through the following short Thread (...especially the links in #4... )...
    http://www.consumeractiongroup.co.uk...9-what-do.html


    ...


  15. #15
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    Default Re: debts from under 18 years of age

    Isn't it wonderful how they think they the can give credit (albeit unlawfully) in the form of an overdrafticon to cover their penalty charges even when the acount holder is below majority.

    Dave is correct - an under 18 cannot be legally granted credit of any kind


  16. #16
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    Default Re: debts from under 18 years of age

    A minor cannot get credit. I can see how it could be both parties fault:

    1) The creditor would need to prove they took adequate precaution to ascertain age.

    2) The minor would not have a credit file, but then again neither would any say 20 year old without previous credit.

    At the end of the day, even though a minor cannot obtain credit, it is feasible for the minor to give false information that the creditor cannot reasonably see as incorrect.


  17. #17
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    Default Re: debts from under 18 years of age

    But a Minor CAN obtain Credit!
    ...It just depends on what for!...

    Please read the link in my previous Post peeps.
    ...Or even just this one, if it is too much trouble?!...
    Contract Law & Minors: Solicitors law firm in London UK discuss minors


    ...


  18. #18
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    Default Re: debts from under 18 years of age

    MTM I have read the link. I stand by my post, it really does depend upon the reasonableness of checks as to whether some-one is actually a minor. At 16 the creditor will lose but at 17 it is debatable as it is possible for the CRA not to have up to date electoral role info.


  19. #19
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    Default Re: debts from under 18 years of age

    Well MTAR...

    If a Minor enters into a contract for food, medicines, accommodation or clothing it doesn't make one jot of difference what age they are, so long as they are capable of understanding it, cos it IS binding upon them (...read the link again please!... ) + could be said to be Credit!!!...


    ...



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