Is a contract legally binding for an under 18 year old

[lolaruns]

Hi,

I hope someone can help me with this slightly complicated matter: Please bear with me as I give you some background information first:

 

I live in the Republic of Ireland, and my son is a successful athlete. Last year he received private sponsorship and part of this was to provide funding for a personal training programme with a UK based sport-specific trainer. This was to cost £120 per month. In the meantime, my son's sponsor has become unable to provide further support, and my son is unable to fulfill the payments to the trainer.

I contacted the trainer in question, explained the circumstances, and asked if we could come to some mutual agreement to resolve this.

 

At this point, my son had received no plans or help that he hadn't already paid for, and I contacted the trainer (explaining that my son's funding had been completely withdrawn) to ask if we could send the him a sum of money as a gesture of good will, and that my son would receive no further plans or help.

 

The trainer then emailed me back, pointing out that my son had signed a contract committing himself to a 12 month plan, and that we therefore still owed him £360 (3 months training.) He was insistent that we pay the amount in full.

 

Sorry to be rather lengthy in my background information but I hope it helps to make the situation as clear as possible.

 

So: Last Friday I received an emailed letter from a UK online debt collection service demanding payment in full of the £360 within the next 7 days or court action will ensue.

 

My main questions:

The contract was signed by my son when he was 16 - there were no parental signatures, so can this be legally binding?

If it is legally binding, can it be pursued from the UK to the Republic of Ireland?

 

I take no pleasure in not paying the amount, but firstly we can't afford it, and secondly I think the trainer is being unreasonable

in demanding money for services he has not provided. As a final point the actual contract has a typographical error in it that states it runs from 1st of November 2011 until 31st of September 2011.

 

Thank you in advance for any help or advice you can offer.

[MARTIN3030]

Have a read here

 

http://www.adviceguide.org.uk/england/debt_e/young_people_money_and_consumer_rights.htm

[lolaruns]

Thank you so much for your rapid and helpful reply!

[Conniff]

Thread move to Gyms

[slick132]

Hi Lolaruns,

 

We had a gym case here a couple of years back when a lad had fibbed about his age to join a gym. The response was simple - the lad could not be held to the terms of the agreement as his age was an absolute defence against any claim against him.

 

Out of interest, what DCA has contacted you or your son threatening court action if this isn't paid.

 

[lolaruns]

Hi slick132,

 

I hope I was correct in calling them an online debt collection agency - they are called 'The Thomas Higgins Partnership', the emailed letter stated they were solicitors. I would be really grateful if someone could suggest where I go from here - i.e. do I respond to the letter pointing out that my son is under 18, or should I just ignore it?

 

Thanks.

(By the way this whole site is amazing, I'm astonished by the wealth of knowledge out there that people are happy to help with!)

[slick132]

Hi Lolaruns,

 

Yes, an interweb search suggests they are a solicitors practice that specialises in debt collection.

 

If this is the first contact you've had from them, it's reasonable that you advise them of the position :-

 

Dear sir or madam,

 

Trainers name or business name

 

I write as the parent of my xx year old son (his name) and refer to your letter of xxdate demanding payment of £360 within 7 days.

 

To my knowledge, the only contract regarding this matter was signed by my son when he was just 16 years old. No one countersigned or guaranteed on his behalf.

 

Accordingly, my son would have an absolute defence of being a minor at the time of signing.

 

I suggest you make no further threats or demands in this matter or I will complain to the SRA without further notice.

 

Yours faithfully,

 

Let us know what comes back.

[lolaruns]

Hi,

 

Again thank you so much for the advice and template letter; I've rattled off the document pronto, and will send it by registered post first thing tomorrow. I'll let you know as soon as I hear anything - I'm feeling ever so slightly smug, because if the trainer in question had been in any way sympathetic to my son's situation we were happy to meet him in the middle, and he would have received some payment...I fear he may well have shot himself in the foot as they say (which is quite an amusing analogy considering his job...)

 

Thanks again

[Surfer01]

The dates would make the contract invalid anyway as the end date cannot be before the start date.

[lolaruns]

Hi Surfer01,

 

Yes that was what we thought too - I know it was only a typo mistake, but a pretty dumb one!

[lolaruns]

Result! Have had no further communication from the trainer or the debt collection crowd, so the template letter you provided did the trick! Thanks very much to everyone who helped me out with this, very, very grateful to you all.

[slick132]

Hi Lolaruns,

 

I'd keep the champagne in the fridge for a while longer before celebrating.

 

It may still be that you've not heard the last from the trainer, even though the solicitors appear to have backed off.

 

If you hear no more by the end of Nov'r, that would suggest that no one is coming back about the matter. But it's just a little early still to assume it's over already.