Urgent! SERIOUS PLEASE !! I have a child under 16 who has gained credit on internet and owes over £100?

Question

my child lied about their age on the internet, and i dont know how the company operates but they have sent a letter stating that she owes £100 for signing up to an internet site that offers free texts. Can this site do this? She gave a false name and age but they have written on the letter they have our IP and although the false name is there they have our address too. I have searched for answers on the internet and a forum has been setup for people who have also been affected by this but it has little help.Anybody under the age of 18 cant join tho It states on the site that a person over 18 scan verify this on behalf, either over the phone or internet using credit card but none of this was done, now a letter has came through saying that money is owed and when i called the helpdesk and mentioned and she was under 18 and used a different name so how, they said they would get solicitors involved and threatened to call the police saying its identity fraud,
GUIDENCE AND ADVISE PLZ!!

Answer 1

call them or e-mail them and tell them that she's under 16 and it was illegal of them to provide her with there services, you won't have to pay a cent!

Answer 2

I got a buddy round, he's a financial adviser but has some legal knowledge: It is identity fraud, and as the child is under the legal age for this credit, You parent would probably be expected by the company to pay up.

On the other hand, that is so far only the companies opinion. the person on the other end should certainly have not made legal threats on the phone. This should have been done by a solicitor. I Don't know the details of what they have said to you, but it sounds like there being a bit forward concidering what they are asking for! How did your child get credit with a false name! That sounds like their problem. Although credit is set agianst the address, and not a individual.

As i don't know the situation in and out, i would prehaps get some advice anyway, especially about the ID fraud, just for safety! DON'T PANIC OVER IT! Just be diplomatic if you can, i'm sure it's fixable.

Prehaps they should have been a bit more secure at least before my dog learns to type.

Answer 3

I'm NO expert but what I would to suggest is not to panic. All these finance companies use harsh wording to scare people. I think they haven't got a case. Be totally belligerent. Let them call the police if they want to, this is why we have a justice system in our country, so the person in the right (i.e. you) will end up on top .

Take a look at this website: http://www.cccs.co.uk/
They are the consumer credit counselling service, and they are a charity. They will have the correct answer for you so make sure you ask them about it!

Answer 4

It is illegal for anyone to give credit to a person under 18 years of age. Go to your local CAB and see what they say. On the subject of identify fraud, I am not sure. The best thing you can do is look on the internet for credit solicitors.
A friend of mine got credit on a catalogue when she was 16. THey threatened her mum the same as you, however, when it got to court, the judge threw it out for not checking her age.

Answer 5

This sounds like a scam. A reputable company would have done a credit check. Your child is under age and so can't be prosecuted. The only problem you might have is if your child pretended to be you and used your credit card to verify.

If this isn't the case then ignore them. They're trying to intimidate you. It's easy for them to pester you but taking you to court will be costly, time-consuming and a waste of time. I'd be very surprised if they bothered to do it.

Hope your child understands the worry she's caused you!

Answer 6

In America, a contract is not legally binding unless you are a legal adult (age 18, of course). If that is how it works in your country, then she does not legally owe this company anything and, they can be sued for soliciting a minor. There systems are suppose to weed through information that consumers give them to make sure it is legit. When I was 14, I signed up for the 12 CD's free. They never asked for my age but, when I started getting bills in the mail to fullfil my commitment with them my mom called a lawyer. Not only was this company sued by us, but the $300 bill didn't have to be paid and I got to keep all the CD's because I was a minor. I didn't know any better back then and didn't think I was doing anything wrong. I did have a job and intended on paying for it, I just didn't know when.

Answer 7

I had this same problem when my daughter was 15. She didn't owe as much , but I have never had to pay any of her debt and the company had to wipe it as they did not check that she was over 18. Children can not be liable if they are not old enough to have a credit card. The company is at fault. Write them a letter to explain this and seek advice the the citizen advice bureau.
Good luck

Answer 8

I child under 18 can not sign a legal document. Call the police your self. It is not identity fraud as a minor can not commit the crime.

The police will look into the internet company and fine them for allowing a minor to sign up. The burdon of proof is on them.

Answer 9

They are bluffing. They wouldn't go to court because you would alert the Daily Mail and the paper would be 'all over them'. Keep a copy of all your correspondence, and if you feel brave enough, write back saying you have placed the matter in the hands of your family solicitor who will be contacting them shortly. I wouldn't bother phoning - you will just get all stressed and have no record of what was said. You could see what the local police have to say, or Trading Standards, or the Which? people.

Answer 10

OK. I see you are talking in quid, not in dollars. Are you in the US? If so, a child must be over the age of 18 to be bound to a contract. I don't know know the law is in the UK, but if you are in the US, payment of the debt. probobly will not be mandated, due to the age of the kid and contract law. You'll probobly have to talk to an attorney for further advice about this matter.

Answer 11

You have two options.

1 - Contact a lawyer. Since you allowed your child to use the internet, you may be liable for her misconduct.

2 - Since the charges are so low, it would probably be cheaper to pay these people (assuming that your child really did do this), and make her pay you back to learn a lesson.

I am really for option two. She is old enough to know better and should learn a hard lesson from this. Going to work day after day just to pay for this stunt will definitely keep her from doing it again. If you get her out of it by saying it wasn't her fault because she's 16, she'll do similar stupid stuff again.