Some law help please :)

Bengaboy

Bengaboy

Bengaboy

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Joined
1 Sep 2007
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We was on a 2mb line with bt.

For the same price, we could have a 8mb line, which wasnt upgraded.

Im 17. My mum authorised me to upgrade to the 8mb line (why not, faster broadband for the same price??? sounds sexy...)

But now we are on a contract with them, which my mum didnt want to do, nor did she know about it.

So with me being 17, would that contract be legally binded? My mum never once went onto the phone to confirm it was ok, just me all the time.

Need help guys :)
 
Nah, I never once told them I was my mum - thats the thing...:(

So with that info - that makes the contract void doesnt it? I havnt a clue tbh
 
If your mum didn't agree with anything then yes it is void, you have to be 18 to legally sign a contract. The problem is, how will you prove that it was you who signed up and not your mum?
 
BT record the phonecalls dont they? Thats what they said anyways.

So, my mum authorised me to upgrade to a 8mb line, but never agreed to a contract. So it makes it void still doesnt it?

BTW, cheers for your help on the matter mate :)
 
weringo said:
If your mum didn't agree with anything then yes it is void, you have to be 18 to legally sign a contract. The problem is, how will you prove that it was you who signed up and not your mum?
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Ahh but if he is an authorised third party then he's not signing a contract, he's doing it on behalf on the account holder.

Whether that's legally binding, I don't know, but this isn't cut and dry.

Burnsy
 
Are you getting confused between a contract and minimum contract?

You may have been on a minimum 12 month contract but once that expires you are still contracted to pay X amount to BT each month, it just means you can cancel any time.
 
A friend had some problem with BT a while back, his wife had agreed to some 'Phone Package' from them when they phoned up and did the sell thing, when he found out he was not at all happy and got everything reversed as it was his name on the bill and not his wife's therefore anything to do with the line was down to him. So if the name on the bill in your household is not yours you can get it reversed, just get the person whose name is on the bill to phone them and complain. :)
 
weringo said:
Are you getting confused between a contract and minimum contract?

You may have been on a minimum 12 month contract but once that expires you are still contracted to pay X amount to BT each month, it just means you can cancel any time.
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Thats what it was, I was on a contract with a 2mb line (bt option 2), but for the same price, I can get a 8mb line (bt option 2 still).

The 12 month contract we was on was finished - but we was still paying the monthly fee for it.

Then I signed up to an 8mb line with a new contract that a 17 year old that isnt the account holder managed to do, which my mum didnt.

Does that make sense now? :) Im on the phone as we speak.
 
jackthezipper said:
Surely your mum should be on the phone saying she didn't sign up for this rather than you saying "I signed up but I'm 17 so it's void. Fix it"
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Thats what shes doing. I just want to know if it is actually void.

Someone who signed up to a new contract who isnt the account holder, and is under 18 - they dont have a leg to stand on do they?? :confused:
 
Bengaboy said:
Thats what shes doing. I just want to know if it is actually void.

Someone who signed up to a new contract who isnt the account holder, and is under 18 - they dont have a leg to stand on do they?? :confused:
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You're not signing a new contract, you altering the terms of an existing one, as an authorised thrid party.

As long as you are authorised on the account, then BT have a very good arguement against you.

Burnsy
 
When your old 12 month contract finished is it possible that you started a new 12 month contract automatically? It's extremely likely that there's a term saying that if you don't terminate before the end of the first 12 month period it will continue for another 12 months. So you might think you're paying on a montly basis but you probably weren't.

There is no rule that under 18 year olds can't enter into legally binding contracts either. There are rules to protect minors but there is no hard and fast rule. But that's besides the point, you haven't entered into the contract.
 
Johnny Girth said:
When your old 12 month contract finished is it possible that you started a new 12 month contract automatically? It's extremely likely that there's a term saying that if you don't terminate before the end of the first 12 month period it will continue for another 12 months. So you might think you're paying on a montly basis but you probably weren't.
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In most cases a 12 month contract doesn't mean that it lasts 12 months and then it finishes. It's a continuous contract which you can only cancel once you've been subscribed for at least 12 months.
 
Now if this thread had been started by Penski I'd be First in line to help him with Law :D
 
as it was sold over the phone it would fall under the distance selling regulations anyway so it does not matter who signed up for it you have 30 days to cancel. Easy as that.
 
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