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Reliable Collections?

2

Comments

  • michael1983l
    michael1983l Posts: 1,916 Forumite
    If he is 15, then he certainly can't be held accountable. If it was me in your position (and im not suggesting you do this) but I would refuse to pay the debt on a grounds of their own incompetance, they are not within their legal right to chase you or your son for the debt and it is their own fault for not performing ample due dilligence when carrying out the credit search on your son.
  • l14mlfc
    l14mlfc Posts: 7 Forumite
    If he is 15, then he certainly can't be held accountable. If it was me in your position (and im not suggesting you do this) but I would refuse to pay the debt on a grounds of their own incompetance, they are not within their legal right to chase you or your son for the debt and it is their own fault for not performing ample due dilligence when carrying out the credit search on your son.
    Seriously, thank you so much for all the help. If I need to can I PM you for more advice later on?
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    l14mlfc wrote: »
    Seriously, thank you so much for all the help. If I need to can I PM you for more advice later on?


    You can if you wish, although I'd prefer it if you went to CAB for some official advice. I am by no means an expert, just somebody that has had to read through lots of stuff like this for my own situation. I will help best I can though if you require it.
  • The_Boss
    The_Boss Posts: 5,879 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    l14mlfc wrote: »
    Hi, this is my first post so I have no idea if this is in the right section.

    In August 2012 my son who is fifteen made a Jacamo account without me knowing, and ordered about £150 stuff.

    .

    What happened to the £150 worth of stuff?
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    The_Boss wrote: »
    What happened to the £150 worth of stuff?

    Obviously they kept it as payments have been made to date. I do not think this is a case of trying to wriggle out of debts. However Jacamo should not have issued credit to a 14 year old so if anybody deserves to be out of pocket in this case then it is Jacamo.
  • The_Boss
    The_Boss Posts: 5,879 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 23 March 2013 at 4:29PM
    Obviously they kept it as payments have been made to date. I do not think this is a case of trying to wriggle out of debts. However Jacamo should not have issued credit to a 14 year old so if anybody deserves to be out of pocket in this case then it is Jacamo.


    Agreed. But the transaction was in August. So the OP made payments in September, October snd November. It's a shame the stuff wasn't sent back as soon as discovered.

    As the agreement seems to be void, hopefully the items will be sent back if possible.
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    I was going to suggest sending the items back and that is what I would have done immidiately, but if she did then she would be out of pocket as there have been payments made.

    As there have been payments made and the items presumably used, then Jacamo should be the ones to lose out for being so damned incompetant.
  • Reya
    Reya Posts: 190 Forumite
    Part of the Furniture I've been Money Tipped!
    One small point, made at the end of the letter quoted by michael1983l that I want to reiterate: ensure you sign any correspondence digitally. Do not, under any circumstances, add your actual handwritten signature to any letters. As michael1983l mentioned in his first reply to you, the credit agreement is invalid, unless you have signed it on his behalf. Don't give them a signature that could easily be copied onto the bottom of the agreement!
    I was cut out to be rich, but got sewn up wrong.
  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    You can take out accounts online these days so no physical signature is required when taking out some accounts.
    :beer:
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    You can take out accounts online these days so no physical signature is required when taking out some accounts.


    No but an identity check and age verification should be the minimum required standard by the creditor. They spectacularly failed here and as the account is in a 15 year olds name, they really do not have a leg to stand on, nor any legal right to pursue the debt via the courts.

    I assume they will still push for the money for a short time, but once they realise that the person knows their rights and the law, they will soon give up the ghost. I'd not pay them out of damned principle.
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