Age restrictions CCA agreement.

dori2o

What is the youngest age that a person can enter into a Consumer Credit Agreement.

My wife and I, at the request of our eldest daughter, signed her upto a distance learning typing course after a letter had been sent out by her school giving parents the information. This was in 2012.

A woman from the company came to the house and my daughter was given a folder and each month they would send through the next chapter in the course, once completed she would have got a certificate.

When I sat down and read through the terms and conditions and calculated how much the course was costing I decided it just wasn't worth it and wrote to them to cancel the agreement. This was within 14 days of it being signed. I contacted the bank and the DD was cancelled so no payments have ever been made.

They sent the next 2 months installments so I wrote again, sending it recorded delivery, but they continued to send the course to my daughter, but at no time did she activate her online account, nor did she submit any of the work.

My daughter is 13 this August so in 2012 she was either 10 or 11 when we signed up for the course.

Today a letter was received from a DCA addressed to my daughter stating she owes £270 and as the person who signed the credit agreement she has to pay this amount within 5 days or the matter will be passed to their solicitors, they will also send details to a credit reference agency etc etc..

Now, I'm almost certain in my mind that you cannot enter into any form of credit agreement until you are 18 years old.

First questions, am I correct?

Second question, how to respond to the letter?

Tixy

Did you daughter sign the agreement and was it originally in her name only? or was it in you/your wife's name with your signature(s)?

A credit agreement made to someone who is under the age of 18 cannot be enforced in court.

dori2o

Tixy wrote: »

Did you daughter sign the agreement and was it originally in her name only? or was it in you/your wife's name with your signature(s)?

A credit agreement made to someone who is under the age of 18 cannot be enforced in court.

I can't remember who signed it to be honest, but the letter from the DCA states that, 'as the person who signed the agreement you are responsible for the balance owed'.

The letter was addressed to my eldest daughter. There is no mention of me/my wife/parent of/guardian of etc.

I guess we will have to make a request for a copy of the credit agreement?

Should I just write back, as the parent of XXXX, stating that she is under 18 and therefore could not legally enter into an enforceable credit agreement?

Thanks in advance for any help.

hohum

dori2o wrote: »

I can't remember who signed it to be honest, but the letter from the DCA states that, 'as the person who signed the agreement you are responsible for the balance owed'.

The letter was addressed to my eldest daughter. There is no mention of me/my wife/parent of/guardian of etc.

I guess we will have to make a request for a copy of the credit agreement?

Should I just write back, as the parent of XXXX, stating that she is under 18 and therefore could not legally enter into an enforceable credit agreement?

Thanks in advance for any help.

I would do just that. I wouldn't even ask for a credit agreement, it's up to them to prove that the right person is liable for the debt and sounds like they haven't got errr particularly efficient admin systems.

sourcrates

dori2o wrote: »

Should I just write back, as the parent of XXXX, stating that she is under 18 and therefore could not legally enter into an enforceable credit agreement?
.

Yes, that's exactly what you should do.