Child signed up to subscription service

nickyrannoch

Hi

Found out today my 15 yo niece is signed up to a tastecard taking 6 quid per month from her account.

She doesn't use it and didn't know what the money was coming out for (also didn't think to tell anyone !!)

Anyway ill cancel it tomorrow but is there any chance of getting money back. She has had it for 14 months and was 13 when she signed up?

TIA

powerful_Rogue

Why did she sign up to it? More importantly, why is a 13 year old let loose on the internet with a payment card?

Appears you need to be 16 years old to sign up for a tastecard, so proof might be required.

Use it as a valuable lesson so she doesn't think going forward you can get out of contracts (if that happens) willy nilly.

user1977

Not sure there's any principle that a teenager can't sign up for this sort of subscription service (presume via her own debit card?).

How is uncle/aunt going to cancel it on her behalf?

eskbanker

nickyrannoch said:

Found out today my 15 yo niece is signed up to a tastecard taking 6 quid per month from her account.

[...]

Anyway ill cancel it tomorrow but is there any chance of getting money back.

Are you your niece's legal guardian?

nickyrannoch

Yes I'm my nieces legal guardian. Part of the reason this is the case is she was previously in a situation as a 13 year old where, amongst more serious things, she had unsolicited access to the Internet and a debit card.

Should also mention I'm in Scotland where its (generally) the case that u16s don't have capacity to enter into contracts that would usually be entered into by adults.

It was really more practical experience of people having been through something like this rather than moralising, parenting advice or unsolicited legal advice but thanks for taking time out from your busy lives for giving it any way.

GrumpyDil

Was about to point out she may not have had capacity to enter into the agreement. 

Hazy memory tells me that U18 can only enter into contracts for necessities at common law so possibly contract would be deemed void if challenged. 

Possibly worth a try although Scottish law might be different in thus respect. 

user1977

GrumpyDil said:

Was about to point out she may not have had capacity to enter into the agreement. 

Hazy memory tells me that U18 can only enter into contracts for necessities at common law so possibly contract would be deemed void if challenged. 

Possibly worth a try although Scottish law might be different in thus respect. 

As the OP says, it's completely different though the result isn't dissimilar. Not sure whether something like this is "of a kind commonly entered into by persons of [her] age and circumstances", but assuming it isn't, she ought at least to be able to get out of any future payments. That doesn't necessarily mean she's entitled to a refund of past payments, but no harm in asking as they may regard it as being too much hassle (and/or bad publicity) to start arguing about it.

powerful_Rogue

nickyrannoch said:

Yes I'm my nieces legal guardian. Part of the reason this is the case is she was previously in a situation as a 13 year old where, amongst more serious things, she had unsolicited access to the Internet and a debit card.

Should also mention I'm in Scotland where its (generally) the case that u16s don't have capacity to enter into contracts that would usually be entered into by adults.

It was really more practical experience of people having been through something like this rather than moralising, parenting advice or unsolicited legal advice but thanks for taking time out from your busy lives for giving it any way.

That's the joy of a forum when you ask a question, however no-one from what I have seen has posted anything untoward. Maybe paying for legal advice might be your best option.

born_again

In legal terms a 13 YO would be responsible for their actions. 
So from experience with dealing with the likes of I-Tunes or such companies, & a young (they considerer 10 of less) spending on someone's card refundable. Over that they take the same stance as the police on responsibility.

Just who's card has been used? Hers or parents?

Pollycat

Is it this company?
tastecard.co.uk

From their website:

If you want to cancel your membership at the end of its current term, you need to visit our Cancellation Page on our website.

You need to sign in via the icon in the top right corner and then fill in your details at the bottom of the page. You MUST input the details you used to create your membership to cancel your current subscription period.

Once fully completed you will see a confirmation message and you will receive an email confirmation. This form can be completed up to 11.55pm the night before your renewal date. 

NOTE: Cancelling your membership will stop the next subscription fee from being processed, however your current membership will remain active until the next expiry date. Any notification to cancel a subscription will be actioned from the date the cancellation is received. We are unable to perform a retrospective cancellation and refund any subscription fees.

How do I cancel my tastecard? - tastecard Knowledge Base (helpscoutdocs.com)

eddddy

nickyrannoch said:

It was really more practical experience of people having been through something like this rather than moralising, parenting advice or unsolicited legal advice but thanks for taking time out from your busy lives for giving it any way.

I agree with your comment about moralising and parenting advice - but I'm not so sure that "practical experience of people having been through something like this" will be hugely useful.

An understanding of the legal position might be more useful.


Saying to the company "A similar thing happened to some anonymous people on the internet and they say they got their money back, so you have to give my niece her money back" isn't a great argument.

Knowing your legal rights, and putting forward an argument based on your legal rights might have a bit more weight.


(But obviously, that assumes that the legal advice people are giving here is accurate.)