Credit Account started before I was 18, is the account still valid?

Gkinghorn3

HI guys,

This is my first post on the forum, thank you in advanced for taking the time to read my post.

So I had an account with littlewoods/Very when i was 16-17, my mother gave me her card to get something, and the next day I had credit on my account with them. Being young and stupid I let it get out of hand.

Fast forward I’ve now had capquest and shoosmith chasing me for the debt.

I have no problem paying it back as I accept it was my fault that it got out of hand, but i was wondering if the debt is still enforceable due to the fact that i was under 18 when entering the credit agreement with them.

So far i’ve requested a copy my credit agreement from Shoosmith.

I’d also like to note that capquest have the wrong DOB on file, and that i live in Scotland if that makes any difference.

Thanks for your help

Dobbibill

Welcome to the forum,

Credit should only be available when you are 18yrs old.

Have you logged into the Littlewoods/Very accounts to check your date of birth on there?
You wouldn't have mistyped your DOB would you? At 16-17, you may have thought it was a minor amendment to get what you what, rather than pre-meditated application fraud.

You have done the right thing to apply for the credit agreement.

I'm sure others will be along shortly with additional advice.

I hope you get to the bottom of it.

sourcrates

Hi,

Put quite simply,

The supply of credit, credit cards, hire agreements and loans is strictly regulated.
A person under the age of 18 has no capacity to enter into a credit agreement, hire agreement, credit card or loan. The effect of this is that the debt is strictly unenforceable. For obvious reasons, therefore, credit and hire companies go to significant lengths to avoid entering into any agreements with any person under the age of 18.
It is also an offence to market credit facilities to persons under the age of 18, although as a result of case law, this provision is now practically unenforceable.

• It is illegal to send a document to a person under 18 years of age inviting them to borrow money, obtain goods on credit or hire, obtain services on credit, apply for information or advice about credit.
• Write and tell the debt collector chasing you what you have told us, if possible, enclose a copy of your birth certificate as evidence.
• This debt is unenforceable, so you are not legally liable for it.​

sourcrates

Gkinghorn3 wrote: »

So I had an account with littlewoods/Very when i was 16-17, my mother gave me her card to get something, and the next day I had credit on my account with them.

Edit........Just re-read your post.

If your mother gave you her card to buy something from Littlewoods, then you must of used her name, hence the account will be in her name, and she will be liable for the debt.........not you.

Is that basically what happened ?

Gkinghorn3

Thanks for the replies,

Sorry, I Should have mentioned in the original post that shoosmith (on behalf of Capquest) had taken me to court, I had agreed to pay them £90 a month. After some back and forth emails to try and set up the payment, the stop responding after I sent them proof of ID after stating there was a different DOB on file. I’ve only recently received another letter from Shoosmith threatening further action.

There is a high chance I fudged the DOB when I was a kid, it was supposed to be a one time purchase, I doubt I even knew that I could get credit with them.

All the correspondence I received from them was in my name when the account was still running, my mothers name wasn’t on any of the documents, and the card registered to make the monthly payments was in my name.

I have just recently applied for a DPP through StepChange, but haven’t sent away the application, I want to know where i stand with this account before proceeding.

Thanks

sourcrates

Gkinghorn3 wrote: »

Sorry, I Should have mentioned in the original post that shoo-smith (on behalf of Cap-quest) had taken me to court, I had agreed to pay them £90 a month.

Ah, that changes things somewhat.

You would need legal advice on the specifics of how to tackle this, but essentially you would need to apply for set aside on the basis you were underage at the time, there is a hefty fee for doing this.

Myself i would just include it in the DPP assuming you can include debts with CCJ`s ?

Gkinghorn3

That sounds like more hassle than its worth, I think Ill take your advice and try and get it included in my DPP- It’s still money I owe regardless of legal formalities.

Another quick thing regarding my DPP: I know I owe Scott and co a bit of money for some parking tickets, however I cant find details of it on my credit report (I use Noddle) can I just get in touch with them and tell them StepChange will be handling my account with them?

Thanks

sourcrates

Gkinghorn3 wrote: »

That sounds like more hassle than its worth, I think Ill take your advice and try and get it included in my DPP- It’s still money I owe regardless of legal formalities.

Another quick thing regarding my DPP: I know I owe Scott and co a bit of money for some parking tickets, however I cant find details of it on my credit report (I use Noddle) can I just get in touch with them and tell them StepChange will be handling my account with them?

Thanks

Wont show on your credit file, you will need to contact them yes.

Best making your request in writing though.

Gkinghorn3

Thanks, I will go ahead and make a request in writing.

What’s the reason that Scott and Co accounts dont show on a credit file?

System

Gkinghorn3 wrote: »

What’s the reason that Scott and Co accounts dont show on a credit file?

Not all lenders report to the CRAs.

sourcrates

Gkinghorn3 wrote: »

What’s the reason that Scott and Co accounts dont show on a credit file?

Fines for parking tickets do not show on a credit file as its a fine, not a credit account.

Only credit accounts and some utilities are reported to the CRA`s.