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Hi everyone.

 

My son had took out a contract earlier this year and he is 17,

 

 

he's been paying on time it's not defaulted or anything.

 

 

He had used the date of birth 1995 instead of 97,

 

 

by the time we realised it was too late as the phone had been used.

 

 

Now surely the mobile phone company Three should've done a more thorough search.

 

he's extremely stressed that it'll effect his future credit when he applies for more credit

but using his real date of birth won't it flag up

or anything and be like whys there 2 DOBS etc.

 

Ahe signed up to Noddle using the date of birth he used and it has come in and been registered in his name that three

and him and a contract etc and the age he used.

 

 

But he credit score is 2/5 which worries him more as he doesn't want to cause any detrimental effects to his future when applying for credit.

 

What solutions do we have here ?

 

 

Do we tell the mobile phone provider and they'll cancel it and remove it from his credit file,

or just keep paying it then when applying for more credit what'll happen?

 

 

Cancel it when he turns 18??

 

 

No idea. Thanks everyone.

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If the account is not in default then I see no reason why your son simply cannot write to the company and advise that he has just noticed he clicked the wrong button and his DOB is X in stead of Z

 

I do advise you to write or email as this provides proof that you have let them know.

 

I would not have thought he would have any credit score to speak about at age 17 ??


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If the account is not in default then I see no reason why your son simply cannot write to the company and advise that he has just noticed he clicked the wrong button and his DOB is X in stead of Z

 

I do advise you to write or email as this provides proof that you have let them know.

 

I would not have thought he would have any credit score to speak about at age 17 ??

 

Okay. I see.

 

 

Won't they have phone call records though when he had to pass Dpa.

Saying that I used to work in in EE and they only held the recorded conversations for a few days.

 

Won't it be advisesble to just call up instead?

 

 

Yeah that's what I thought he wouldn't of had credit at 17

 

 

but he went into Noddle and used the date of birth provided to three and that came up.

 

 

As obviously 1997 isn't avaikable get as he's not 18 yet.

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No always do everything in writing.

 

By the way this isnt Vodafone is it? They dont do proper security checks half the time...

 

No it was Three (3)

 

 

he gets awful awful signal all the time and

 

 

im sure they'd just cancel it free of charge but needs it removed off his credit score. For future.

 

 

he doesn't mind paying it now but it'll oribbaly affect his credit availability in the future

when he tries using his real DOB and it flags up or something

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Always do it in writing, id recomend paying the extra to send it recorded dlievery. Keep both a digital copy and written copy of the letter (With the proof of delivery attached) and also keep copies of the delivery report.

 

 

The reason for doing this is that it is illegal for him to take out a contract in his own name and therefore any agreement based around that is null and void should it ever be enforced.

However to use that defense you would need proof they were made aware and decided to carry on the contract.

 

The other flip of the coin is they may cancel the contract, request the phone back etc which from what you say wouldnt be too bad if the signal is crap :p


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Always do it in writing, id recomend paying the extra to send it recorded dlievery. Keep both a digital copy and written copy of the letter (With the proof of delivery attached) and also keep copies of the delivery report.

 

 

The reason for doing this is that it is illegal for him to take out a contract in his own name and therefore any agreement based around that is null and void should it ever be enforced.

However to use that defense you would need proof they were made aware and decided to carry on the contract.

 

The other flip of the coin is they may cancel the contract, request the phone back etc which from what you say wouldnt be too bad if the signal is crap :p

 

Right okay thanks. So what actually should he do? Keep going with the contract or cancel it? Surely a new credit file will be created when he turns 18?

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Up to him

 

If he wants to keep it he can keep it and keep the contract going.

 

If He wants to cancel he has grounds to cancel on the basis he was not legally permitted to enter the contract.


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Up to him

 

If he wants to keep it he can keep it and keep the contract going.

 

If He wants to cancel he has grounds to cancel on the basis he was not legally permitted to enter the contract.

Yeah that's what I mean but what about when he tries to apply for credit when he is actually 18+ won't it flag up when he uses the DOB he actually is.

 

Also to that if he was to cancel would he just tell them and it won't affect his credit for the future.?

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Yeah that's what I mean but what about when he tries to apply for credit when he is actually 18+ won't it flag up when he uses the DOB he actually is.

 

Also to that if he was to cancel would he just tell them and it won't affect his credit for the future.?

 

Did you Son know that he would not be able to enter into a contract until he was 18 when did this ?

 

If not, then just tell them that an error has been made - that your Son was not aware he could not legally enter into a contract until he was 18.

 

Once they know that he not of age then they should cease reporting to the CRAs.

 

When he reaches 18 then the CRAs will probably obtain his correct DOB etc from the electoral register.

 

If he doesn't let them know - and they continue reporting to the CRA with the incorrect DOB, then yes.. if he tries to apply for credit when he is legally able.. it MIGHT cause him problems.


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Did you Son know that he would not be able to enter into a contract until he was 18 when did this ?

 

If not, then just tell them that an error has been made - that your Son was not aware he could not legally enter into a contract until he was 18.

 

Once they know that he not of age then they should cease reporting to the CRAs.

 

When he reaches 18 then the CRAs will probably obtain his correct DOB etc from the electoral register.

 

If he doesn't let them know - and they continue reporting to the CRA with the incorrect DOB, then yes.. if he tries to apply for credit when he is legally able.. it MIGHT cause him problems.

 

Yes and no as he wasn't aware he would get accepted but then he did use a incorrect date of birth by mistake...as stated its been a few month now so not sure how to go about it.

 

As It was shown up on Noddle that he has credit but with the incorrect DOB.

 

So what would you suggest, should he wrote to Three stating there has been a mistake and just realised but then questions would arise on how he didn't realise etc. I just don't know how to come about it - alternatively could try to transfer it through To my name and then tell him?k

 

I don't know what the best solution is ?

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As no-one should have credit, and therefore presumably a credit file, until they're 18, I'd tell them a mistake was made (although how he could have given the wrong DOB accidentally is beyond me, so he must have realised he shouldn't be doing it), and that you want the contract cancelled (assuming you do as it's rubbish signal) and all information cleared off his credit file. Do it in writing. Might be worth a call to the ICO to confirm that they should remove any data from his file as he's underage so that he starts with a clean slate when he's old enough. Let us know how you get on. :)


 

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:p

 

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As no-one should have credit, and therefore presumably a credit file, until they're 18, I'd tell them a mistake was made (although how he could have given the wrong DOB accidentally is beyond me, so he must have realised he shouldn't be doing it), and that you want the contract cancelled (assuming you do as it's rubbish signal) and all information cleared off his credit file. Do it in writing. Might be worth a call to the ICO to confirm that they should remove any data from his file as he's underage so that he starts with a clean slate when he's old enough. Let us know how you get on. :)

 

 

Okay thanks. But how has a credit file been created at 17? And shown up as him being 19? Also I'm not sure what reason he can do so to him entering a wrong DOB and not realising ? Also do this all in writing ? So He will have to keep paying till He gets a responce.

 

My friends a solicitor so might try have a chat with him.

 

so will there be any criminal charges.. also will I defiantly not affect his credit do I call ICO now or after ? And thanks sorry for all th questions.

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I'd call the ico first for advice. The phone company seem to have accepted your son's word about his age, so the credit file was created. I don't believe you need to worry about criminal charges.

 

If you want to see what the ico say first and then post back here we can consider what needs to go in a letter to the phone company.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'd call the ico first for advice. The phone company seem to have accepted your son's word about his age, so the credit file was created. I don't believe you need to worry about criminal charges.

 

If you want to see what the ico say first and then post back here we can consider what needs to go in a letter to the phone company.

 

Okay thank you for that. What would I tell the ICO? That he also inputted a incorrectDOB?

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Okay thank you for that. What would I tell the ICO? That he also inputted a incorrectDOB?

 

Yes


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Yes

 

Have never met someone so useless in my life. called ICO and they said just contact Three in writing and nothing else. No idea what now to do.

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Follow our advise, contact 3 in writing pointing out an error has been made and that he is under 18 and you wish the contract ot be terminated and all adverse data removed form his CRA file (As he shouldnt have one)

 

Be prepared for them to ask for the phone back

 

If they ask for any payments above what has been used refuse. They have no right to termination fees or anything else. The contract is not legally binding and is void.


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Follow our advise, contact 3 in writing pointing out an error has been made and that he is under 18 and you wish the contract ot be terminated and all adverse data removed form his CRA file (As he shouldnt have one)

 

Be prepared for them to ask for the phone back

 

If they ask for any payments above what has been used refuse. They have no right to termination fees or anything else. The contract is not legally binding and is void.

 

Right rhank you. Is there any templates ?

 

I did call ICO again to get through to another representitive and he stated 2 things

1- either keep paying it 18 then let them know there's been inaccurate information

2- write to them in post as you's have stated but then ofcourse the contract would be cancelled leaving him with no phone etc.

 

And my credit has been ruined due to ex debt from little woods etc.. So not sure how to go about it

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No template for this as it is a individual thing.

 

 

Draft something and post here (Without personally identifiable info) and ask for feedback.


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The reason for doing this is that it is illegal for him to take out a contract in his own name and therefore any agreement based around that is null and void should it ever be enforced.

 

Are you sure about illegality SabreSheep? It's a long time since I studied contract law but I don't remember it ever being illegal for under 18s to enter into a contract, but that the contract was voidable by the under 18 (not void). This website suggests that's still the case

 

http://www.inbrief.co.uk/contract-law/contract-with-minors.htm

 

I'm not sure how criminal law would come into this at all. It's not part of a fraud as the son is paying the amounts requested by 3

 

Another possibility OP might consider is whether offering to be a guarantor might be help if OP' and OP's son are actually happy to keep the phone and the contract. (Just noticed what OP says about their own credit history, that might make being a guarantor not possible).

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In that link it clearly states the minor has rights to cancel without penalty etc.

 

That artical does not deal with contracts that deal with credit and reporting to credit refernce agencies


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