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credit card given at 17

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hello there ppl, i'm daryl

i was persued for a debt with capitol one credit card by capquest for quite a few years until i moved house mid last year.

capitol one gave me the credit card when i was 17, i had recieved one of them invitations to apply through the post.being young i honestly thought u could get credit cards at 16.the apllication made no mention of being over 18 it only mentioned that i agree all info is accurate and true,which it was. after sending off the form i got a long black and white paper document, a credit agreement i assume, but i didn't need to sign that a few day l8er my card turned up.

 

when they get eventually trace me and get bk in touch what should my approach be? i have tried mentioning this before to capquest but they didn't care, just insisted i pay in full there and then

 

many thanks in advance pps :-D

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I think you will find that you have to be 18 to get a credit card.....they obviously made a mistake with you, I can't see a judge enforcing this, If they do trace you just ask them if they can confirm in writing the age you have to be to obtain a credit card....tell them you were 17, I think they would drop it like a stone, and at a guess it may well be unenforceable, but it would be interesting to see what others say on here. Don't speak to them on the phone unless you can record the conversations.


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You should have entered your correct date of birth on the application.

 

How long ago was it & when did you last make a payment?


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i did enter the correct D.O.B. as i said i didn't lie i honestly tht i could get one legally at 17... i now realise this was very stupid/naive of me. i'm 23 in march so that would make it 6 yrs then since i applied (it was around my b/day i applied) the last payment would be about 3 years ago

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I saw this happen with a car HP agreement some 15 years ago where one of the joint borrowers was only 17. The outcome was the debt was written-off and they kept the car.


Love your enemies - it drives them crazy.

Thanks to Bobby Thompson (1911-1988) for the user name:"Let them knock, the paint lasts longer than the skin".

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So far, all done free for friends:

Cabot - F&F reduced debt by £7700 (70%)

NatWest - PPI claim - £1,800

NatWest - PPI claim - £6,200

NatWest - PPI claim - £3,000

Co-op Bank - PPI claim - £5,200

Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

NatWest - debt identified as statute barred - £2,700

NatWest - loan identified as unenforceable - £13,400

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You have six years in England until a debt (if there is one) is statute barred. If they accepted you after your telling them your age then the agreement is likely to be void. However, there is always the "holding themselves out as an adult" slant which is normally used for minors running businesses in an adult capacity; or they might claim your application contained a misrepresentation, so it might be worthwhile seeing it again.

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If you gave the correct DOB the agreement is null & void., the mistake is theirs not yours & they would be unable to enforce it.

 

Goes to show that they don't do a credit check too as at that time you wouldn't have had a credit file with any CRA.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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When was the last date of payment or you last acknowledged the debt IN WRITING?

 

Also, send them a CCA request. They have 12+2 days to respond and it costs you £1. If the D.O.B is as you say it is, they would be VERY stupid to persue this debt.

 

The only way to deal with this and have it removed from your CRA file ( if it even exists there) is to get that agreement.

 

Don't tell the DCA that you want to check the d.o.b because it has been known for some dca's to omit data or blank it out. Some DCA's even try to say you made a payment on the account, even when you never did. ALWAYS cover your bases.

 

Get that CCA request in to the DCA and if the d.o.b is as you say, you can have a nice laugh at them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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As Cerberus has said if the lad gave the correct DOB the agreement is worthless the CC provider fails due diligence.

So that is all that is needed to settle the matter.


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Wouldnt there need to be proof? You know what some DCA's are like with making things up. If they are willing to invent false payments to try and stop a debt becoming SB, im sure they'd omit or ignore info like this. Thats why i said a CCA might be a good idea, as the Op will have it in black and white.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If the creditor has the original agreement with the dob stated ?????? what can they contest,?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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They cant contest. I was just giving an alternative and my reasoning behind it. DCA's are the slyest companies around, we all know that. I just think its best to cover all bases.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Restitution by a minor. Where a minor has obtained property under a contract which is not enforceable against him, the adult party who can neither sue for the price nor get the property back may suffer an injustice. Even where the minor has lied about his age, no action in deceit will lie because this would, in effect, enable the contract to be enforced against him; and for the same reason it is improbable that the minor would be estopped from asserting his true age. The Minors' Contracts Act 1987, s3, now affords a limited measure of redress. Where a contract made after the commencement of the Act is unenforceable against a defendant because he was a minor when it was made:

"... the court may, if it is just and equitable to do so, require the defendant to transfer to the plaintiff any property acquired by the defendant under the contract or any property representing it."

This may assist the plaintiff where the property is identifiable but where the plaintiff has loaned the money it will usually not be. The plaintiff will then be able to recover in equity only if he is able to prove that he loaned the money for the express purpose of enabling the minor to buy necessaries and that he in fact did so: Lewis v Alleyne (1888) 4 TLR 560.

The 1987 Act, s3, provides "Nothing in this section shall be taken to prejudice any other remedy available to the plaintiff." The plaintiff might rely on the equitable doctrine which required a fraudulent minor to return property which he had obtained by deception and which was still identifiable in his possession: R. Leslie Ltd v. Shiell [1914] 3 KB 607, CA; but it is not clear that there would be any advantage in doing so, since the remedy under section 3 appears to overlap the equitable remedy and does not require proof of fraud.

I have used this to fight service contracts taken out by minors 16/17 - 100% success.

 

In this case even if the mistake was deliberate, there would be no recourse as the age was below that required in law.

 

However there is the moral issue - if the op has had the monies......... ;-)

 

I would strongly fight this - i will look for a letter i put in the mobile contracts on a post......

 

N

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As promised; edit to suit!

 

 

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.

 

This is copied from a post where i provided the response to a threat to a minor to instigate legal proceedings... in over 30 cases this is 100% sucessful, usually airtime / service but works for all other.

 

This

 

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 collectorslink3.gif.

 

Regards

 

Me

 

Unless the parents / guardians were joined in the contract then the minors act will provide a 100% defense.

 

N

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wow! a lot of info, thank you so much i never expected so much help =)

 

so basically i need to get a copy of my ORIGINAL agreement that i originally signed, then when i have proof send the letter posted above

 

no parents or guardians where involved. at 17 i got flat with my partner, then it turned up as i sed "you have been invited to apply mr wickham" we decided "yeh y not u can get 1 at 17" went on a £250 pending spree, warhammer, guitar, etc, etc.spent my time for 2 yrs spending and paying off then lost job and got out of hand...

 

also point taken about the dca's decieving and lying.once had arrears with one of the lecky co.'s paid it off then 3months later the dca's repping them sed i had to pay some admin charges incurred after the account was closed!!!! i told them to f. off and that i would be taking them to court never heard out since.... think it was wectcott

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