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Hi everyone.

 

I have just found out that my son has signed to play in a soccersixes league which started at the beginning of the season.

 

 

Like many young people he didn't read the small print etc.

Over time the interest to play has wained and he struggles to get a team together, when he does they don't want to pay!

 

 

Over time arrears have built up and

 

 

he has now received a demand notice to pay up or they will issue a ccj and add on all late due,

monies due to the end of the season and court costs.

 

Owes £117.55

Remaining fixtures £351

Court costs if claimed £80

Total £548.55

 

My concerns and need for advise are as follows;

 

1- He was and still is 17 when he signed the contract (online signature). The form says he has to be 18! (idiot). No one else signed.

 

2- As he is a minor can they register a ccj against him and legally hold him to the contract.

 

3- Is the agreement covered by the CCA, if so are they not required to carry out due dilligence (ID/Passort etc).

If someone signs to agree to pay something like this surely they need to verify the person signing is who they say they are.

 

4 - Surely they cant just issue a default letter without previous correspondence (there has been none)

 

5- Under civil protocol rules should they cease proceedings until resolved etc.

 

Any help advise please as this is very urgent

 

Thank you-worried parent

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If you are less than 18 then you cannot usually be held to your contract. However, the rule is that you must be less than 18 and you contracting partner must realise that you are less than 18.

 

Unfortunately, because he seems to have signed that he is 18, he may have lost the protection of the minority rule and he may be bound by the contract.

 

Did he sign the contract face-to-face? Or was it online?

How does he appear? Older than his age or younger than his age?

Where on the contract does it refer to the age requirement? Maybe you could scan a copy of the contract for us to see.

In any event, a lot of these sums would be excessive and not recoverable.

 

Is there anything on the contract which refers to a cancellation fee?

Do they have a website? Please post a link

I doubt whether the contract is subject to the CCA. This does not sound like a loan contract.

Have you communicated some kind of notice of cancellation? I think that you should do so with immediate effect. I think that you should write to them in your capacity as parent and you should make it clear that you are writing on behalf or your son and that he is less than 18 years of age and would not therefore be bound by the contract and you are giving them notice of cancellation with immediate effect. Asked them if there are admin any administrative costs involved in the cancellation and that you will be pleased to consider them if they will let you know a proper breakdown.

 

Please let us have the answers to the questions above before you write this letter as it might alter things slightly

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Hi

 

He only ever signed online, never face to face

The age requirement is under the signature strip onlne.

The costs etc are showing on the site and contracts, the web site is soccersixes dot net to register a new team and all is there.

 

Please ley me know anything else you need.

 

Regards

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Well if he signed online then they had no opportunity to see him and to form their own opinion as to his age so they were obliged to rely on what he signed. I'm sure that there is a lot of this going on with online contracts and it is not very satisfactory.

 

I suggest that you write to them as I have already proposed. Enclose the £117 which seems to be arrears which have already accrued. Given written notice of the termination. Point out that your son is less than 18 years of age and therefore you are writing on his behalf. Tell them that the money that you are enclosing is enclose simply as a gesture of goodwill to them because you realise that your son has misbehaved himself and should not sign the contract because he is a minor. Tell them, however, that you do not propose to pay anything further to them as the figures they are purporting to claim referred to future losses and future profits and that they would not be entitled to this even if the contract was binding – which it is not.

 

Let me warn you that I'm quite sure falls into the same kind of category as the gym clubs that we have on this forum which constantly have to deal with people losing interest and cancelling and so therefore a huge amount of their activity is connected simply with debt collecting by pressurising people and threatening them with legal action.

 

I don't imagine that this will be the last that you hear from this company because I expect that they have learnt from their own experiences that if you put enough pressure on, then people will generally pay up.

 

Of course I could be completely wrong. Maybe they are a thoroughly decent and understanding company. However, the fact that they have already started firing off threats that you tends to suggest that I am probably right about them.

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Thank you very much. I will get onto it this later afternoon.

 

I will also make a donation to you for you kind and prompt help.

 

I need to get on with my 'day job' now but will be back later.

 

Thank you very much.

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Thanks for the donation - however, I'd hang onto it for the moment. You might need it if you find that you give in to them and pay the rest of the money they want. Don't forget that they might still decide to call your bluff.

I don't think that they would win everything in court but they might win something

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Oh well. Thanks for the donation. It's very kind of you.

Let us now how it goes.

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I have tried talking to them again and again but there is never anyone who will take my call, no one returns my calls despite my increasing requests to do so. I ended up writing to them today in the format you suggested with a gesture of goodwill payment of the arrears, requesting immediate cancellation of the contract as my son is a minor, cannot sign or be responsible for the team due to his age. It also invalidates their insurance . Despite this the 'area' guy who runs the teams wants them to continue playing! Offering to reduce the costs! I appreciate my son was wrong in signing but can they enforce a contract and future costs onto a minor?

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I don't really understand why you are doing this on the phone. It is well past that. Write the letter as advised already. Send them the money for arrears in a cheque and let them do what they want.

Don't say that it is in full settlement as this would give them a justification for refusing. Just tell them that here is the money for costs incurred and that if they want the rest you'll meet them in court.

Don't get involved in any more dialogue

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who has sent the threat-o-gram please?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can an under 18 legally sign a binding contract?

 

It is more than possible in certain circumstances. Bankfodder has posted up some useful information in relation to this particular query.

 

Some useful general information (not particularly relevant to this thread, mind) can be found here: http://www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_contracts_e/who_can_make_a_consumer_contract.htm

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Not sure what you mean by threat o gram?

 

I openly admit my son was silly signing and should never have done so,

 

 

he was and still is 17.

 

 

Letter was received from the company,

 

 

recorded delivery to my son demanding payment and potential costs (see top of thread)

 

 

if he didn't pay within 7 days.

 

 

No previous letters were received,

 

 

only phone calls from the 'league manager''.

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can you scan it up please?

 

 

bet it doesn't say 'will' and where...

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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1. SCAN YOUR DOCUMENT

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- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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- For Example: Default Notice DDicon-MM-YYYY.

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It is more than possible in certain circumstances. Bankfodder has posted up some useful information in relation to this particular query.

 

Some useful general information (not particularly relevant to this thread, mind) can be found here:

 

Had a look on CAB as well. It says someone aged 16-18 can be held accountable if they lied about their age. Oh dear. I think the OP's son needs to offer a huge apology!

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they can sue your son but they cant collect the money as he is a minor

so an outcome that will do no-one any good.

 

 

You need to make your offer in writing and make it clear that you accept no responsibility for the debt but are doing it as a full and final settlement of the alleged debt.

 

 

The onus would be on them to show that your son understood the contract he was entering and that is not cut an dried and I suspect they know the risks they are taking in trying to get the money and possibly why they have included monies that are not due as they dont think they are going to collect at all.

 

Yo put it bluntly,

they are risking a lot so are upping their claim in the hope of winning big by default.

 

 

Dont let them get that far, a formal offer/respinse will make them consider their actions.

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