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Account opened before 18

Date: Fri, 08/29/2008 - 10:59

Submitted by anonymous
on Fri, 08/29/2008 - 10:59

Posts: 202330 Credits: [Donate]

Total Replies: 8


what is the process to get something removed from your credit if it was placed there before you were 18. Like two years before.


Hmm this is a tricky one. Anyone under 18 can not sign a contract and be bound by its terms. I think I would start with a DV letter to the CA specifically stating that the charge off date on the account in question occured when you were 16 which is not leaglly plausible. You need to make sure this account did not have a co-signer aswell. The co-signer would be the one legally responsible for the debt if there was one. I think I would also dispute it with the three major CRAs stating that this is not your account and no contract existed between you and this creditor. You might end up getting sued if the account was yours and you do not make good on it even if you were under 18.


lrhall41

Submitted by DOLLARSandSINCE on Fri, 08/29/2008 - 11:45

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Minority is tricky. I know for student loans there is no such thing as claiming minority. It really depends on what the contract was for.

This is what I found.

What Exceptions Exist to Create a Binding Contract With a Minor?
If every contract with a minor was invalid, no one in their right mind would ever enter into a contract with a minor. To allow some minors to enter into contracts and/or prevent minors from abusing their position, there are several exceptions including:

Sports or Entertainment Contracts
Generally speaking, minors who enter into sports or entertainment contracts are held to them, and cannot void them at will.

Necessaries

Contracts for certain goods and services that are necessary to the health and safety of infants cannot be voided. Such goods and services include food, clothing, and lodging or shelter. In some instances, an automobile or motorcycle is also considered a necessary.


Disaffirm the Whole Contract
A minor who decides to void a contract because of his age must void the entire contract. The law does not let them to continue to enforce some of the contract while voiding other parts.

Ratification

A minor can only void a contract while they are still under the age of maturity (again, usually 18), or for a reasonable time after they have reached that age. If a person does nothing to disaffirm the contract after they stop being a minor, the law can find that they will no longer be able to void the contract

Can an Attorney Help Me With Minor Contracts?
If contracting with a minor, the contract may not be legally enforceable. If you are in the process of drafting a contract, or have already done so and the other party is seeking to defend against its enforcement because they are a minor, contacting an attorney is strongly recommended.


lrhall41

Submitted by SOAPLADY on Fri, 08/29/2008 - 13:01

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Soaplady posted exactly what I was going to say ....

It's not illegal for a minor to enter into a contract. But minors can avoid the contract when they reach the age of majority. For that reason, it doesn't make very much sense to let a minor sign a contract since they can back out of it when they do turn 18.

A minor that wants to avoid the contract needs to make their intention very clear within reasonable time after they turn 18. "Ratification" as described above plays a key role. Once a contract has been ratified, it is no longer avoidable by the minor.

There are several events which can ratify the contract. 1) Time itself can ratify the contract if the minor does nothing. If a minor does not avoid the contract within 6 mos or so of turning 18, then they may lose their right to avoid the contract. 2) Making a payment after they turn 18 can evidence that they acknowledge the contract, and thus ratify it. 3) If they make any new charges after they turn 18, that will ratify the contract and their intent to be bound by its terms.

Bottom line, if this has happened several years ago, the minor may have lost their defense. This is something you should seek legal advice if you are really intent on renegging the obligation.


lrhall41

Submitted by DebtCruncher on Fri, 08/29/2008 - 17:07

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I would think that the primary account holder would have to be at least 18 years of age (to enter a legally binding agreement) and if the cosigner is to be held equally responsible (as they are) they would also have to have the capacity to enter said agreement.

Even if it was a credit account where the original poster might have been added as a authorized card holder they would still need to be capable of entering a legally binding agreement as that is what each signed receipt would be.

It's just as others here have stated it's a bit tricky, I would suggesting seeking a free consultation with legal council to make sure of your standing.


lrhall41

Submitted by JCEMT on Sat, 08/30/2008 - 06:15

( Posts: 2934 | Credits: )


I know its been awhile since anyone has posted on this but i wasnt sure on how to create a new thread.
I recently signed up for a gym membership which included monthly payments of ??17.50 a month via direct debit. Now when the time came for my first payment, the monies in my acount were just short and since im under 18 i didnt have an overdraft. I then got a letterfrom a company saying the direct debit had failed and they were charging me an administration fee of ??20. As im under 18 and dont have a steady income as such i couldnt get enough intime any the direct debit failed again boosting my total charge up to ??57.50.
Theres no chance i can pay this and was wondering if anyone here could help me with some advice? Thanks


lrhall41

Submitted by on Wed, 09/30/2009 - 03:46

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