@vodafoneuk Defaulted Debt when underage, can I remove It?/ Vodafone Ref #11796340

[Mathgeek]

Hello all,

 

When I was stupid and 17 I took out a phone contract with vodafone for my father, I wasn't working at the time so was relying on him paying me the money every month so I could pay vodafone but he never paid me thus I couldn't pay vodafone. The phone got cut off and was ordered to repay the remaining debt of £595. This I couldn't afford at the time so the debt was defaulted.

 

Now I am 20 and more mature but that default has completely ruined my credit report, as I was underage I believe that the default should never have been put on there and I can order them to remove it. I have contacted Vodafone about this and they said they can't find the account so there's nothing they can do about It.

 

I am able to repay the debt now in an installment plan as long as they remove the default. So what do I have to do seeing as they won't acknowledge the account?

 

Kind Regards,

Curtis

[citizenB]

Should you even have been allowed to enter into a credit agreement at the age of 17 ?

 

I have flagged your thread for others on the site team, however I am sure other caggers will also look in when they have finished their day jobs

[citizenB]

I have sent you a private message - please read and respond

[Mathgeek]

That's exactly what I thought!

[citizenB]

UPDATED 24TH APRIL 2015

 

 

 

CAG has a very successful vodafone Rep operating here.

We would advise you to follow this method to alert them to your thread:

If you'd like any help from Lee, email your details via the Contact us form here ( http://www.vodafone.co.uk/contact-form/index.htm )

 

To access the form, you MUST enter the code 'WRT135' and then state CAG Forum in the question box along with your query.

 

Once sent, you'll receive an automated reply with a reference number. Post this reference in your thread as soon as possible.

 

Vodafone UK.

CAG.

 

Here you go, follow the instructions above and when you receive the reference number - which they will send you via email, come back here and pop it in your thread. I will also send S.O.S to Lee for you.

[Mathgeek]

Reference Number #11796340

[citizenB]

Thank you - I will pop that in your thread title. Lee has been made aware of your thread. I rather suspect you might not hear anything until Monday now. I am not absolutely certain if Lee works weekends.

[citizenB]

Were Vodafone aware of your age when you entered into the agreement ?

 

And at what point was a default added to your credit file before or after you were 18 ?

[Mathgeek]

As I said above, I was stupid. I lied about my age to them but I thought they done checks on your bank account et cetera to check your age? The Default was put on August 2013 and I turned 18 in March 2013

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?353535-xxxxxxxxx-phone-contract-taken-out-under-age./page2

 

Similar to your situation - the response from Lee/Vodafone is in the link above.

[obiter dictum]

Just a quick question

 

Is it a Credit agreement??

 

I say it is a service agreement

 

Your debit card with your bank is a service agreement

 

So does the CCA 1974 apply with age restrictions and mobile phone contracts as it is not a credit agreement??

 

Just shooting from the hip but nice to confirm

[citizenB]

It is our understanding that an under 18 cannot enter into ANY form of contract.

[obiter dictum]

Not going off topic but how then can a 16 year old be given a debit card by their bank??

[numbers666]

Removed as 'outdated'

 

Even if used as recently as 09/15 in capacity as voluntary counselor to 14 - 21 yr olds for a housing association for the past 8 years. In over 50 cases the case law has been accepted and the young adult placed back into the position before a contract was entered into as a minor.

 

Ratio decidenti is more persuasive

[numbers666]

Vf should have verified age better however as you fibbbed, difficult to prove fault as imho both at fault.

 

It is too late to refute the contract now as over 18 but as a goodwill I would suggest vf should be favour able as they allowed you to have benefit due to lack of procedures.

 

See what Lee comnes back with.

 

Did you continue to have benefit of the service post 17 years ?

[numbers666]

Not going off topic but how then can a 16 year old be given a debit card by their bank??

 

Usually an electron type no od etc but can be used in shops subject to available balance

 

http://www.nationwide.co.uk/products/current-accounts/flexone/choose-your-card

 

Available from 11.... Scary

 

Other institutions have similar products I neither work for nor endorse the above and is purely linked as example.

[obiter dictum]

Where on earth did that lot come from, most of it has now been repealed through either Statute or Case law

 

That is the problem with the internet now

 

Half of it is way out of date

 

The Family Reform Act 1969 has now been repealed by the Childrens Act 1989 as an example and not to mention Doli incapax with minors and age of responsibility has also been repealed in the 1998 Crime and Disorder Act

 

Lee the vodaphone rep will be the best person to end this so let us stay on topic and not confuse with reams of obsolete legislation

Edited October 31, 2015 by obiter dictum

[BazzaS]

It is our understanding that an under 18 cannot enter into ANY form of contract.

 

Under 18's could enter into contracts for "necessities", and even so,one must also consider if there was use on / after the 18th birthday which could serve to affirm/ratify the contract.

[Mathgeek]

Thank-you guys for all your input, unfortunately I wasn't notified of any update to this thread. I'll wait for Lee to get in touch with me.

[Mathgeek]

UPDATE

 

Just had a call from vodafone who still couldn't find the account details. They said even If I was underage then the default still couldn't be removed and they would take me down the fraud route. What should I do now? I thought they had to remove the default?