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DreamX

What is the minimum age to sue someone in UK?

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Hi,

 

Just after a bit of advice really. I bought a laptop on finance for a good friend of mine and her partner. They agreed to pay me a set amount every month (only £12) however we have fallen out due to this and they now refuse to pay any amount at all and are also refusing to hand the laptop back. She is 16 and her partner is 18...I was just wondering is she to young to take to the small claims court?

 

Thanks

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Hi Dreamx

 

A person under the age of 18 cannot take legal action against another person, eg cannot sue someone in the Petty Debts Court. A parent of the minor can take action 'as being the parent of'. If the young person does not have a parent living in the UK, thel Court can appoint someone to act on the young person's behalf.

 

Regards

 

Andy


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Thanks, However I am 22 and I want to take action against this person, If I attempt to do so will I need to address the parent on the claims form? How would I go about it?

 

Thanks

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I would take action either against her partner(18) or the girls parents as they are still responsable for her in my eyes.Visit MCOL (Money Claim On line ) and follow the directions the summons will cost you to instigate but you reclaim it in your costs.Is there not another way before you persue this action?

 

Rgards

 

Andy


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If you want to litigate against a minor - you bring proceedings against the minor (Joe Bloggs) by his litigation friend (Mr Bloggs) senior.

 

The parents are not responsible, unless they guaranteed the agreement. There is legislation and case law governing the legal capacity of a minor to enter into a contract. A minor is only bound by certain types of contracts which I think are contracts for necessaries and contracts of employment - also see the Minors Contracts' Act 1987

 

Don't forget that the vast majority of small claims which result in a judgment are never collected. You could just be throwing good money after bad...

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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No contracts involved here IGNM just a domestic fall out,issue it against the boyfriend he will soon pay up.

 

Andy


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No contracts involved here IGNM just a domestic fall out,issue it against the boyfriend he will soon pay up.

 

Andy

 

The problem is that any claim would have to be on the basis of a contract - if they issue against the boyfriend, unless they allege that the contract is with him (which we know it isn't), if he takes advice he'll have the claim struck out and they'll have to pay his costs...

 

Personally I'd put it down to experience - if its' litigated there is a risk that costs will rack up and that they'll never be recovered


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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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