Mobile Phone Micropayments

MamaMoo_2

youngsolicitor wrote: »

Hmm. I still think the lack of authority is a real problem. You didn't agree to the T&Cs, your son did. Your son did not have permission to bind you to a contract, so I don't see how the T&Cs are binding on you.

Legally, your son entered into a contract, and no doubt he warranted to Jagex that he had authority to make the payment. Legally I think Jagex have to refund you, in theory they would have the right to sue your son but he would have a defence of minority. The situation isn't really any different to someone stealing your phone and using it to pay it for phones. Personally I would be pushing Jagex for a refund.

However, if somebody stole OP's phone, she would have reported it as such. The phone company would then write the value off providing the OP had adequate insurance and had also reported it to the police.
In this case, the OP would have to report this to the police for said money to be written off, and would therefore effectively be shopping her son for theft.
There is then the issue of whether the insurers would consider this as theft, or whether it would determine that the OP was negligent with her phone. The likely conclusion would be the latter, and so the OP is left to foot the bill.
Many people who actually have their phones stolen have to foot the bill due to lack of proper insurance etc.

MamaMoo_2

Also, this is similar to if the OP's son had stolen £150 out of her purse and spent it at the local shop. You wouldn't expect the shop to give her the money back, it would be up to the OP to recover the money from her son. Mobile phone payments, unlike credit/debit cards, are not covered by chargeback/s75, so the OP has no comeback.
One can hope that Jagex/Paymo will refund as a goodwill gesture, but they certainly don't have to.

bris

youngsolicitor wrote: »

Hmm. I still think the lack of authority is a real problem. You didn't agree to the T&Cs, your son did. Your son did not have permission to bind you to a contract, so I don't see how the T&Cs are binding on you.

Legally, your son entered into a contract, and no doubt he warranted to Jagex that he had authority to make the payment. Legally I think Jagex have to refund you, in theory they would have the right to sue your son but he would have a defence of minority. The situation isn't really any different to someone stealing your phone and using it to pay it for phones. Personally I would be pushing Jagex for a refund.

And then having the son done for fraud, sure if the op wants to say it was stolen to pay then yes, but a police report would be needed.
The fact is it could also be said to be buyers remorse after the reality of the cost has kicked in.

dalesrider

Is this a i-phone that is baing used?

ThumbRemote

dalesrider wrote: »

Is this a i-phone that is baing used?

Is that relevant or are you just being nosy?

Savvy_Sue

If this were my son, and he had any savings, he'd be paying that part of my bill ... because the OP says she can't pay the bill.

If that's an exaggeration and it's just a stretch to pay it, then I might allow repayment in installments, but one way or another the boy would pay!

dalesrider

ThumbRemote wrote: »

Is that relevant or are you just being nosy?

Because if it is a I-phone there is a option in settings to turn off in app purchases.....

vikingaero

Salen,

If it were my offspring that did that, then the first thing I would be doing would be to unplug their laptop/computer and locking it away at my office as punishment.

DCFC79

Cant see the OP getting any refund back since the OP should have locked the sim card/phone.

globalds

You don't seem to be very upset that your son stole off you ?

He stole on numerous occasions and knew exactly what he was doing.
I would be getting him to pay the bill back immediately ..Even if that meant selling stuff on ebay.
I really could not stomach playing the softly softly approach with a thief in my home.