My brother, wen he was 18, agreed to be a guarantor for his 17 year old friend's mobile phone account, not knowing (and not having it explained to him properly). As expected, the account has defaulted (the friend only paid 2 out of 12 months) and the company are now chasing my brother. The friend is soon to turn 18. Will he then become liable for his debts on this account before he is an adult? or does my brother continue to be liable for them as he was under 18 when they were incurred? Is there any law or rules surrounding guarantors - i.e. explaining the implications?
2007-04-06 10:45:01 · 7 answers · asked by Kirralilly 2 in Business & Finance ➔ Credit
Your brother is liable for the entire bill. That's the chance you take being someone's guarantor. The friend will never become liable for the amount in terms of the mobile phone company. No one under 18 is legally obligated under any contract, that's why they need a guarantor.
Your brother may cancel the contract completely right now.
Tell your brother to pay the bill and be rid of the guy that once called him "friend" and NEVER do that again for anyone. Sorry his friend has been so irresponsible.
2007-04-06 10:54:49 · answer #1 · answered by SAB 2 · 1⤊ 0⤋
Your brother, age 18, acted as an ADULT guarantor for another person, age 17 who probably either had bad credit OR could not get the phone without an adult signature. It does not matter if he was ignorant or did not have it explained to him. He should have read the contract before he signed his name.
His friend has proven that he was not mature enough to pay his bills, which validates the cell phone company's demand for an adult signature. Since they would not have given him the phone without your brother's signature and guarantee, your brother is just as liable for the bill as the kid he signed for. However, it is much easier to go after an adult than a child so your brother is stuck holding the bag.
They can not go after the kid for something he did as a kid, so he is off the hook. The best your brother can do in this case is to get the cell phone, take over the account and pay it for the next 10 months. If he does not pay the bill, he will have it show up on his credit report.
He did a dumb thing. Hope he learns from it.
2007-04-06 10:57:48 · answer #2 · answered by forgivebutdonotforget911 6 · 1⤊ 0⤋
If you can get the friend to pay a small payment on the account after he is 18 then he too can be held liable for the debt. It will probably go on his credit report but he can dispute it based on the fact that he was underage. My sister is dealing with the same thing and they are coming after her and not the other person.
2007-04-06 10:50:17 · answer #3 · answered by Miss Know It All 6 · 1⤊ 0⤋
Your brother is liable for the debts that is why he is the guarantor, he should get his mate to get his phone cut off pay the bill and not agree to be guarantor to anyone else, he should have learnt his lesson. Good luck to you and your brother
2007-04-07 10:58:49 · answer #4 · answered by Kirks Folley 5 · 0⤊ 0⤋
A minor cannot be obligated to a contractual agreement. Your brother is fully liable, if your state makes him a legal adult at 18. Get an attorney now.
2007-04-06 10:52:00 · answer #5 · answered by Buffy Summers 6 · 0⤊ 0⤋
I suspect that your brother is not going to get out of this one. I advise him to get around to the citizens advice bureau to see if their is some sort of case that the details were not properly explained.
I have a feeling that the phone company will have him stitched up with a signed agreement though, the only case would be if he was rushed into signing it-- probably the case, you need CAB advice on how to prove it.
Even so tell your brother that if his brains were made out of dynamite, he wouldent have enough to blow his hat off!!
2007-04-06 21:22:34 · answer #6 · answered by brian t 5 · 0⤊ 0⤋
Minors can not be held liable for contractual agreements. That's why your brother got involved, he is liable for the whole amount.
2007-04-06 11:04:29 · answer #7 · answered by ? 7 · 1⤊ 0⤋