What happens when a company issues an under-18 with a store card?

ConfuzedGirl

And then issues them with a CCJ?

jonesMUFCforever

The debt is unenforceable unless the goods purchased were deemed 'necessary'.
How did it get this far though - did no one get wind of all the mail, that must have been sent before it got to court?

bengal-stripe

How did s/he get the card in the first place? Did they enter a wrong date of birth on the application form?

Well, s/he might be out of the liability for the money, only to swap it with criminal charges for fraud and deception.
I wouldn’t want to be in that person’s shoes!

CopperPlate_2

Depends if it was their deliberate act that allowed them to get the card in the first place I suppose; if it was an error on the part of the member of staff filling in the form/taking details, it would be a different story as far as liability attaching itself to the 'cardholder' (for want of a better word).

Iamthesmartestmanalive

The CCA is not enforcable unless there is someone else attached to it with joint/several liability, e.g a parent or partner over 18 which is unlikely

However the company could launch a legal claim for damages and if there was a deception/deliberate fraud involved pursue criminal charges

The CCJ probably couldnt stand however if they then pursued her through thc court using undue enrichment laws its unlikely they could pay and then would face a default for non payment of the "damages"

Overall Id say its unlikely to be worth not paying or trying to fight it as the bad outweigh the good

darsh999

i dont think much can be harm done to that guy/gal .. because the fact that he/she is under 18 makes sure that he or she is safe ... !!!

Iamthesmartestmanalive

darsh999 wrote: »

i dont think much can be harm done to that guy/gal .. because the fact that he/she is under 18 makes sure that he or she is safe ... !!!

Completely wrong

They are not safe criminally and contract law can be bound on 16 and 17 YO's and sued for breach of contract( the original one to purchase goods)

ConfuzedGirl

The form was not filled in by myself but by the girl at the till- she knew i wasnt old enough at the time and said that it would still help towards her 'target' of people she put forward for the card at work even if it didnt get approved.
We were both totally gobsmacked that it DID get approved!!!

Surely the companies have some sort of legal obligation to check the details are true before issuing someone with credit- otherwise it could be given to anyone!

There seems to be alot of conflicting advice here- some saying its my fault, others saying its not! The big companies are the ones that are supposed to comply and it seems these days they arent doing what they should be (i.e checking who they are giving away credit to!) so im even more confused (and scared) than ever! I dont want a criminal record for something so stupid as this!

I didnt DELIBERATELY try to scam a card, I couldnt have cared less if I never had one! Therefore please dont see me as some kind of con-artist who deserves everything she gets

I have tried on MANY occasions to get a copy of my agreement that I signed on the day but they will not acknowledge me now I told them that I wasnt old enough in the first place to take the card out. They have just told me to forget what I owe and they wont contact me again- this is after ruining my credit history with a CCJ!

Just dont know what to think- all I know is I dont want a criminal record and I would loose my job if I did so maybe I should just live with it? I really dont know?

Anyone?..............................

Iamthesmartestmanalive

You commited a criminal act

You represented yourself to be 18, that is deception

As for them ruining your history, they did not, that was you when you missed payments or whatever you did

Frankly if you commited a criminal act because some shop girl wanted to meet her targets you should grow up

As for Id, normally to open a card account you must show a driving licence or bank.credit card issued to over 18's as ID

The fact is the account was opened with your knowledge as opposed to accidentally and Id suggest you got a good deal as you could be pursued for the cash from the original retailer and also be in court on criminal charges

ConfuzedGirl

Well Im guessing that you work for some jumped-up company such as Ge Captial then "Iamthesmartestmanalive"?

Name says it all.

Iamthesmartestmanalive

ConfuzedGirl wrote: »

Well Im guessing that you work for some jumped-up company such as Ge Captial then "Iamthesmartestmanalive"?

Name says it all.

why?

because I dont think you knowingly commiting fraud then suffering for not paying the debt related to your deliberate fraud and having to deal with the consequences is entirely fair?

Id suggest you grow up and deal with the consequences of your own actions