speedhost chasing payments for 2yrs of not used hosting. [was 15yrs old at the time]

[turvey]

Hey Guys,

 

I am kinda in a mess here..

I am 17 years of age and live in the UK.

 

In 2010 (I was 15) I opened an account and bought a web hosting service from 'speedhosts'.

I never used it and never got round to cancelling my account and now I haven't paid my bills for over 2 years.

They have sent me a letter through the door asking me for £91.40 telling me they will be suing me and have a view to get a CCJ against me.

 

Now this is really not something I want at 17 of course, and I was wondering if there is anything I can do to put an end to this?

 

I was thinking about the Minors Contracts' Act 1987 where all contracts for minors are invalid unless its for necessaries or contracts of employment.

 

Now this doesn't fall into any of them so would this be a good counter argument?

 

also my parents didn't guarantee this contact and had no idea that I did it so does this mean they are not liable either?

 

Is there any others I can battle this with?

 

any help would be appreciated!

 

Thanks guys!

Luke

[rebel11]

Hi tur

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[brokebutnotbeatn]

As a mum of a 17 year old I would advise you to come clean with your parents and agree next steps with them. These might include 1) getting them to contact the compay concerned to advise you were and are still a minor and advise them to cease contact OR 2) paying what you owe and agreeing a repayment plan with you.

[hmmh1978]

Without seeing the terms and conditions of the hosting party, I am hazarding that they did not stipulate any age requirements or make you warrant that you had the capacity to contract as that would give rise to a case of fraudulent misrepresentation for which the court may order you to make restitution. That is if they were not aware at any point that you were a minor.

 

However you are within your rights to void/repudiate this contract and with it, the associated to and fro with the web hosting company, however my moral fibre is in agreement with what the previous poster stated with regards to point 2, your parents pay the company and you agree a repayment plan with them.

 

HMMH

[numbers666]

In England and Wales under 18's do not have the capacity to enter into contracts aside from those arising from neccesity. In Scotland this is from 16 years of age.

 

A minor will be liable for a contract for the sale of necessaries

 

Necessaries – Shelter, food,clothing, also anything which is essential and suited to the minors position in life

 

Sale of Goods Act s3(3)defines necessaries as, ‘goods suitable to the condition in life of the minor and to his actual requirements at the time of sale and delivery’.

 

Minors Contract Act 1987

 

This act was introduced to protect minors, and provide guarantees, when involved in contracts with adults. Section 2 and 3 of the act outline rules with minors and contracts.

 

In Section 2, a contract would be enforced against the adult where the adult provides a guarantee against the agreement made by the minor. Therefore, if a minor breaches the contract, the adult would be responsible.

 

In Section 3, a court can have, for example, non-necessaries, property or property representing it returned, if the minor refuses to pay.

 

 

 

Example Letter

 

To A Company

 

I refer to your letter dated xx/xx/xx.

 

Please be aware that the alleged debt arose at the time I was xx years of age. As you will be aware, I lacked capacity under contract law at that time to enter into contractual obligations with your client.

 

I therefore assert that no debt nor legal claim exists. Should you disagree I am happy to seek repudiation on any contract that you or your client allege exists.

 

Please note under common law I revoke the right of access to your

doorstep collectors.

 

Regards

 

Me

 

See how you get on with this....edit as needed

 

N

 

 

PLEASE NOTE, IN NO MANNER DO I ADVOCATE THE USE OF LAW TO PRACTISE DEBT AVOIDANCE ;-)

 

TELL YOUR FOLKS CAUSE PEOPLE TURNING UP MAY ANNOY THEM!

Edited May 6, 2012 by numbers666

[dx100uk]

why have they waited 2yrs?

 

they obv could see you were no using it

 

somethings not right here

 

sounds like a threat-o-gram to me.

 

dx

[FelixDaHousecat]

Hang on a minute! I use Speedhost to host my site and there is no way you can setup a hosting account without a credit or debit card and you must pay upfront for the first quarter. So, who's credit or debit card did you use? Are you the parent or the child?

Edited July 20, 2013 by FelixDaHousecat