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Telboy62
Aspiring Expert
431 Views
Message 21 of 54

Re: Trying to cancel BT Sport in the cooling off period?

The legal costs would be far more than the £180 BT is asking for.

That should be pretty much be "End of thread".

 

Telboy.

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MartinH
Expert
431 Views
Message 22 of 54

Re: Trying to cancel BT Sport in the cooling off period?


DaveBaines wrote:


It would have no relevance whatsoever. The  15 year old could grow a moustache, put on a suit and go out and make contracts with a hundred companies.

Every single contract would be unenforceable. That is just how it is. 

The parenting of the OP is quite frankly none of our business and discussion of it won't help resolve this.

Perhaps if BT didn't keep falsely claiming "FREE!" in all their adverts then 15 year olds wouldn't think they could do this without consequences.


You're wrong. Just asking for legal advice doesn't void contracts as I said above.

 

And yes, the bringing up of a brat that's apparently so out of control and badly parented that it calls up and orders things without permission is entirely relevant as it's the cause of the OPs problem., not any action on the part of BT

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DaveBaines
Aspiring Expert
422 Views
Message 23 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@MartinH wrote:

@DaveBaines wrote:


It would have no relevance whatsoever. The  15 year old could grow a moustache, put on a suit and go out and make contracts with a hundred companies.

Every single contract would be unenforceable. That is just how it is. 

The parenting of the OP is quite frankly none of our business and discussion of it won't help resolve this.

Perhaps if BT didn't keep falsely claiming "FREE!" in all their adverts then 15 year olds wouldn't think they could do this without consequences.


You're wrong. Just asking for legal advice doesn't void contracts as I said above.

 

And yes, the bringing up of a brat that's apparently so out of control and badly parented that it calls up and orders things without its parents permission is entirely relevant as its the cause of the OPs problem. 


I didn't make that claim. 

 

Although I think that BT would see sense well before this reached a court when they actually received a legal letter of some kind.

 

If I was the OP then I simply wouldn't pay. If BT want to take it to court then let them. I t will cost them and they will lose as soon as the call is played when the OP contests it.

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DaveBaines
Aspiring Expert
418 Views
Message 24 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@MartinH wrote:

@DaveBaines wrote:


It would have no relevance whatsoever. The  15 year old could grow a moustache, put on a suit and go out and make contracts with a hundred companies.

Every single contract would be unenforceable. That is just how it is. 

The parenting of the OP is quite frankly none of our business and discussion of it won't help resolve this.

Perhaps if BT didn't keep falsely claiming "FREE!" in all their adverts then 15 year olds wouldn't think they could do this without consequences.


You're wrong. Just asking for legal advice doesn't void contracts as I said above.

 

And yes, the bringing up of a brat that's apparently so out of control and badly parented that it calls up and orders things without permission is entirely relevant as it's the cause of the OPs problem., not any action on the part of BT


By the way, I don't think the contract even needs to be voided. It doesn't exist. It cannot exist. And BT now know this because the OP has told them.

 

Also note that in any legal proceedings that did arise from this, the burden of proof would be on Bt to show that a contract exists. They can't. The only eveidence they have for the existence will be a recording of a 15 year old.

 

BT do not have a l;eg to stand on here.

 

I hope the OP stands their ground and sees this through. Personally I would simply refuse to pay as no contract exists. Let them waste their time and money.

 

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MartinH
Expert
416 Views
Message 25 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@DaveBaines wrote:

I didn't make that claim. 

 

Although I think that BT would see sense well before this reached a court when they actually received a legal letter of some kind.

 

If I was the OP then I simply wouldn't pay. If BT want to take it to court then let them. I t will cost them and they will lose as soon as the call is played when the OP contests it.


Yes you did. You said;

 

If they seek legal advice then the contract will be voided.

 

But merely seeking legal advice voids nothing. As for refusing to pay, it's the OP already seems to be having issues accepting responisbility for their child's actions, not sure encouraging them to default on bills is really going to help much. 

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MartinH
Expert
414 Views
Message 26 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@DaveBaines wrote:

By the way, I don't think the contract even needs to be voided. It doesn't exist. It cannot exist. And BT now know this because the OP has told them.

 

 


The OP may not be telling the whole truth. Even if they are, just stating "oh, no the caller was under 16" isn't enough to have a contract set aside by a company. What company could operate like that? 

 

They may have to prove it was the child, as they would if it went to court. 

 

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DaveBaines
Aspiring Expert
412 Views
Message 27 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@MartinH wrote:

@DaveBaines wrote:

I didn't make that claim. 

 

Although I think that BT would see sense well before this reached a court when they actually received a legal letter of some kind.

 

If I was the OP then I simply wouldn't pay. If BT want to take it to court then let them. I t will cost them and they will lose as soon as the call is played when the OP contests it.


Yes you did. You said;

 

If they seek legal advice then the contract will be voided.

 

But merely seeking legal advice voids nothing. As for refusing to pay, it's the OP already seems to be having issues accepting responisbility for their child's actions, not sure encouraging them to default on bills is really going to help much. 


BT will void it once they know legal advice has been taken, that was my point. I would be very surprised if they didn't.

 

I hope the OP lets us know how she gets on.

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MartinH
Expert
407 Views
Message 28 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@DaveBaines wrote:


BT will void it once they know legal advice has been taken, that was my point. I would be very surprised if they didn't.

 

I hope the OP lets us know how she gets on.


It's not what you said though, is it?

 

And there's no reason just going to a solicitor will make a company back down. And even if the OP goes to a solicitor and gets them to write a letter and BT does eventually decide they're not worth pursuing, the OP is likely to pay as much as the cost of cancelling BT.

 

They'll just set an example to the child that it's not responsible for its actions. 

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DaveBaines
Aspiring Expert
404 Views
Message 29 of 54

Re: Trying to cancel BT Sport in the cooling off period?

Looks like no legal advice is needed:

 

"Further, a contract with a minor is voidable. That means the minor is able to cancel any contract at any time before reaching the age of 18 and for a reasonable period after that time. There is no requirement for the minor to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to the child to do so."

 

http://www.netlawman.co.uk/ia/entering-contract-minor

 

So, in effect, if the 15 year old rings again and admits what they did and says they wish to void the contract then Bt should do so.

 

If Bt want to play hard ball then they would be very silly. It would expose the flimsy way they set contracts up.

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Highlighted
Distinguished Guru
403 Views
Message 30 of 54

Re: Trying to cancel BT Sport in the cooling off period?


@MartinH wrote:

@DaveBaines wrote:

By the way, I don't think the contract even needs to be voided. It doesn't exist. It cannot exist. And BT now know this because the OP has told them.

 

 


The OP may not be telling the whole truth. Even if they are, just stating "oh, no the caller was under 16" isn't enough to have a contract set aside by a company. What company could operate like that? 

 

They may have to prove it was the child, as they would if it went to court. 

 


That should be fairly easy.

 

If BT presents a recording of the call, then the OP should very easily be able to show that (1) it wasn't the account holder who made the call, and (2) the person who did make the call was the OP's child, who is under 18, and therefore the contract is not enforceable by BT.

 

If BT cannot present a recording of the call, then they will have great difficulty proving that any contract was entered into by anybody.

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