Child signed up to subscription service

user1977

eddddy said:

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.

And this is after all the Consumer Rights forum - legal advice is kinda what we do here.

DullGreyGuy

nickyrannoch said:

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.

Its more explicitly that under 16 can only enter into contracts that are typically appropriate for someone of their age. Adults buy things from cornershops all the time, if your definition were true that would mean a 15 yo couldnt buy a can of IrnBru as a consequence.

It is amusing that the act defines how you calculate a childs age inc for those born on 29 Feb

Ditzy_Mitzy

Can't think Scottish law would be relevant in this case, given that the contract for the Taste Card was formed in England.  The only sensible course of action appears to be to cancel the thing and return the card, and then write a nice letter to Taste Card's customer service department to ask if they'll consider a gesture of goodwill; it may be worth pointing out that their terms and conditions have not been complied with, although that's possibly not relevant on the basis that the Taste Card would have worked if it had been used.  The bottom line is that the child has bought and paid for something with her own money (we assume).  Resorting to solicitors and the like seems a trifle excessive, especially when we're talking about £40 odd.  

Pollycat

powerful_Rogue said:

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.

I couldn't see an age limit on their website but maybe the OP's niece didn't tell the truth about her age if the application form asks for age.

I would be asking how she managed to sign up to this.
i.e. did she click a box on another website and didn't realise she was taking out a subscription that would cost her £5.99 per month or did she sign up on the Tastecard website knowingly?

born_again

https://www.tastecard.co.uk/Footer-Pages/membership-terms-and-conditions

1.6. But bet it is just a tick box. As there is no real way to prove this age, short of scanning birth cert. 

Pollycat

born_again said:

https://www.tastecard.co.uk/Footer-Pages/membership-terms-and-conditions

1.6. But bet it is just a tick box. As there is no real way to prove this age, short of scanning birth cert. 

Thanks.
That's really hidden away in the small print, unless there is a tick box somewhere on the 'sign up' page - in which case, the OP's niece must have ticked it to confirm she was over age 16.