legally binding at age 16?

[flibbertyj]

Hi

My daughter signed up to a gym online, 2 months on and I am unable to use the gym due to a foot operation and therefore she is also unable to access same. as she is 16 can they still tie her into the 6mth contract as they are saying she cannot cancel at this time. mine has been cancelled as i have been a member for a longer period

thanks in advance

[sequenci]

Hello,

 

As your daughter is under 18 a contract is unenforceable unless it is for 'necessaries' - A gym membership is unlikely to be regarded as this. Write to the gym pointing out that she is a minor.

[flibbertyj]

Hi

I emailed the gym to point this out and received this response:

 

'I understand [name] is 16 but when she signed into the contract she accepted the terms & conditions which do include signing into a six month contract.'

 

 

In order for the contract to be cancelled they are saying that a bulk payment of £119.80 can be made (29.95 per month) for the 4 mths outstanding. As my daughter is in full time education she can't afford this and should never have signed up initially!!!!!!

[sequenci]

e-mail them back and say that the terms and conditions are legally unenforceable due to the age of the contracting party - e.g. your daughter.

 

Ask for their formal complaints procedure and also make it clear that unless they stop badgering you - you'll be reporting them to trading standards.

[flibbertyj]

Thank you, I've emailed them to inform them that the contract is not legally enforceable and to cancel the membership with immediate effect so shall await their response and then if necessary contact their complaints dept (although from past experience these do not offer a very good service either!)

[Bazooka Boo]

PMSL, like it when they clearly disregard the contents of your email and continue reading their script!

 

A little like a petulant child holding their hands over their ears stamping their feet 'la la la la I can't hear you.'

[slick132]

Hi Flibberty,

 

Can you tell us what gym and/or admin company you're dealing with here. That'll help us to get them off YD's back.

 

I agree with the posts above - if YD was a minor when she joined, the agreement is not binding or enforceable.

 

As regards their demands for payment, YD will not have to pay anything more and we'll help you write a suitable letter.

 

[BazzaS]

I agree with previous posters. Just to clarify, no adult counter-signed the contract or guaranteed payment?

Your daughter didn't misrepresent her age? (Was she asked / did she reply truthfully if asked?)

 

If they still persist with their "but she signed a contract with terms and conditions" ask them how they intend to enforce this. Since she is not "sui juris" ; ask them who they intend to sue, since you don't feel she was able to commit to a legally enforceable contract.

 

They are "chancing their arm ". Likely they know it, but sadly for them, you know it too!

[flibbertyj]

Thank you

the company is dw sports fitness.

The direct debit has always gone out of my bank but other than that it's all in her name and she didn't have to claim she was older or anything like that to open the account

[BazzaS]

Thank you

the company is dw sports fitness.

The direct debit has always gone out of my bank but other than that it's all in her name and she didn't have to claim she was older or anything like that to open the account

 

Did you (or another adult with authority to sign for that account) sign the direct debit mandate?

[slick132]

Yes, it may have been in YD's name but who signed the m/ship application and/or the DD mandate.

 

Do you have copy documents to show exactly who signed what.

 

[flibbertyj]

Hi

I've not heard anything back yet from DW in relation to my email

The application was done online in my daughters name but the direct debit was in my name, I didn't physically sign anything but I presume completing in online is a substitute for this. Am I still liable for any payment if the direct debit is in my name?

Thanks for your help-

[slick132]

Hi Flibberty,

 

If YD signed up, going through the process herself and used your bank details for the DD mandate, I would say you can still argue that the agreement is in her name and that she cannot be bound by it.

 

There may be an argument that you effectively countersigned the agreement by allowing the bank details to be used, unless YD used the bank data without your knowledge or permission. In the latter event, YD would be fully responsible and consequently not old enough to be bound by the agreement.

 

As long as the ball is in their court, you need do nothing further for now.

 

[flibbertyj]

Thank you

It wouldn't surprise me if they don't contact me and I end up with a debt collecting letter of some sorts, they haven't been very good at communication so far!

[goodatresearch]

Paying someone else's bills or debts does not make you liable, I don't know why people think this. You would only be liable if the contract was also in your name or you signed as a guarantor. Agreeing a direct debit on its own would not make you liable.

[slick132]

Hi Flibberty,

 

If you ARE contacted by any DCA, just let us know and we'll help.

 

[flibbertyj]

Thank you I will do

I owe for the final month of my membership which I accepted and asked them to invoice me which they haven't as of yet, the payment was due 1st May. (I couldn't get into the gym to pay as I am on crutches at the mo following a foot op and so am unable to drive!!). I presume they will send some sort of letter before long!