Help- 17 yr old sister receiving debt collection letters

bennyandclarence

HI everyone

I am visiting my family this weekend, seems my sister has abit of a problem.

She is 17 years old. A couple of months ago she was walking round town and was pushed into signing up for a free lovefilm trial. She had to give the guy her bank details which he pressured her to do.

Anyway she ordered a film, the month trial came and went but she forgot she had it, and didn't think any more of it after the first film.

She received a letter in Feb saying that they tried to take a months payment for her membership but that it was declined by the bank (17 years old= no money!). They said she could cancel by calling up.

However, being 17 and irresponsible she hasn't called them, and this weekend has some debt collection letters for the £10 owed, from CARS debt collection. They said they are going to register a default and send doorstep collectors round for the money etc. Obviously as she is not 18 yet, are they allowed to take this sort of action and how do we rectify it? Don't want to ruin her credit rating before she is able to build it up!!

Obviously I have given her a stern talking to about these awful salespeople in town and to stay away from them in future.

Thanks

Claire

NGlady

Was the sales guy aware she was only 17?

jamespir

just send the film back then they will drop it

bennyandclarence

She said they did have her DOB as she filled in a form. She said she wouldn't have lied about her DOB either (she looks too young to get away with that) so they always knew she was 17.

I'll get her to send the film back pronto. What can we do about the debt collectors though, as they won't know she has sent it back and are chasing for membership money.

Chinkle

Sounds like you sister bumped into an over-zealouse saleman (or maybe he changed the details on the form to make the sale count?).

But your sister seems very nieve, she doesn't even sound like she understands how lovefilm works or why would she still have the first dvd she was sent.

Send it back to them and enclose a letter explaining that she is under 18, didn't know what she was signing up to etc. Get her to write it, so she begins to understand the consequences of her actions. It's highly unlikely they are going to pursue it with debt collectors for such a piddly amount. It's simply because she has stuck her head in the sand hoping it would go away without her doing anything that she is now being chased. As we all know ignoring things like this is the reason many people are on this board in the first place. Get her into some good MSE habits now.

Aunt_Harriet

I very much doubt a debt collector will call round for a tenner.

CARS will ofcourse keep sending letters 'threatening' this n that - but if you look closely they usually say 'may' or 'might' take you to court etc.

Can you pay the debt collectors, send the dvd back and Cancel the Lovefilm account.

Incidently debt collectors have no legal rights or powers to enter a property without first taking your sister to Court. So Never Let Them In! You Don't even have to talk to them.

Ames

I think you need to tell them that she's under 18, and therefore not old enough to enter into a financial contract by law so they can get stuffed.

bluebag

I don't think the contract is legal in the first place, I'm almost certain you need to be 18. Sounds like the salesman indulging in a bit of sharp practice.
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tygar2

Hi. Just a thought. You could always give 'em the tenner and avoid the aggro.
I know its about the principle but just thought I'd point that out.

DarkConvict

I wouldn't pay the £10 on principle, they broke the law by allowing a minor to take out a contract, the minor cannot be held to the contract if they put down the correct DOB which proves it.

bluebag

The company may be in a spot of bother as they have signed a minor up for film rental, you need to be 18 to do this because of over 18 film content. Don't think they have a leg to stand on really.
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