Need help with a stupid brother.

simon22

simon22

simon22

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30 Nov 2009
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423
Hey guys,

My brother is 17 and he just recently 3 days ago went and signed up for a gym. He signed a 12-month contract and provided his details to them. What he didn't provide is a credit card so that they can take up money each month and all he did is pay up front in cash for the first month.

(He is supposed to provide that credit card today - which he thought would be my parents'....)

Now, he wants my parents to pay for his contract which is £50 a month. It's ludicrous that he did not ask of this before. I'm going down with him to this gym to cancel this so called "contract" and I wonder what you guys think of this ordeal?

Is he even allowed to have this contract? He's not 18 and my parents will not pay 600 quid a year for his gym...

Thanks for reading.
 
As above, I don't think that contract is legally binding.

Just cancel it. I wouldn't be too hard on your brother...tbh he just sounds a bit naive and could probably do with some guidance on money matters, be it from you or your parents
 
We're on our way now. So you guys think that the contract will not be binding? I'm just really worried that we'll have some courts chasing after us because of this contract. He was really stupidly naive.
 
Looks like he's safe, get down there and cancel but the reality is they can't come after him for a debt as he's under 18.


http://www.adviceguide.org.uk/england/debt_e/young_people_money_and_consumer_rights.htm

http://www.consumeractiongroup.co.u...ract-legally-binding-for-an-under-18-year-old

http://answers.yahoo.com/question/index?qid=20130709230515AAxUJqZ

From CAB:

Debt

As a child or young person, you cannot normally be taken to court for debt. This is because you cannot be legally held to a contract you make when you are under 18. However, there are some exceptions to this rule. You can be held legally responsible for any debts you run up to buy things that you need like food, shelter or clothing.
 
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Yup he's under 18, send them a letter stating the legality of his age and the fact his contract will be nul and void as a result. Ask for confirmation and give them 2 weeks to reply in writting. Send it via recorded.
 
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simon22 said:
We're on our way now. So you guys think that the contract will not be binding? I'm just really worried that we'll have some courts chasing after us because of this contract. He was really stupidly naive.
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Contracts can be binding below the age of 18 but generally speaking they will be of a type and value appropriate to the persons age e.g. you buy a PAYG phone and that's fine, if you want to apply for a line of credit to set up a shop that might not be.

Your best bet (or perhaps your brothers) is that below the age of 18 you don't have full contractual capacity and so can apply to have prejudicial contracts set aside because of the naivety (read as stupidity if you wish) of the young person. This is really a legal remedy so potentially you might have to be willing to go to the correct court for it but it's worth investigating further.
 
I would have have thought even if it was legal he would have a 7 (or14?) day cooling off period where you can cancel with no fee.
 
rs1800 said:
I would have have thought even if it was legal he would have a 7 (or14?) day cooling off period where you can cancel with no fee.
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I would have thought this would apply as well?

Also, if the gym refuse to play ball, and have sunbeds:

"It is against the law for any business to let you use a sunbed or be in an area reserved for sunbed users."

Long shot, but might be another bit of ammo? :p
 
Just came back. Spoke to a guy who said that what needs to be done is that I need to write a letter saying that my brother who was 17 will not be able to pay as he is not 18 and has no income whatsoever. The letter will be sent to the Head Office who will then terminate the contract.

There is no 'cooling off' period at Bannatynes apparently. He will get a month that he has paid for up front but the remainder of the 12 month contract will be cancelled.

Sounds good to me. But I'm worried that the letter will be "lost" somewhere. How do I ensure this doesn't happen?
 
simon22 said:
Just came back. Spoke to a guy who said that what needs to be done is that I need to write a letter saying that my brother who was 17 will not be able to pay as he is not 18 and has no income whatsoever. The letter will be sent to the Head Office who will then terminate the contract.

There is no 'cooling off' period at Bannatynes apparently. He will get a month that he has paid for up front but the remainder of the 12 month contract will be cancelled.

Sounds good to me. But I'm worried that the letter will be "lost" somewhere. How do I ensure this doesn't happen?
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Have you punched him in the face yet?
 
If you are going to punch him in the face (as has been suggested) you'd better do it now before he starts lifting bro.
 
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