Claiming money from an Employer who is a minor.

[akira82]

Hello Legal Beagles,

I've contacted Acas and Citizen's Advice, but this must be an odd scenario, as no one was able to advise me, so here's hoping!

In December 2017, I worked 2 days on a job (I'm a freelancer). 2 months after I issued the invoice, still not paid, I started chasing. The guy was apologetic, promising payment soon. Another month goes by, I share my irritation that he's not even keeping me posted, and my intention to make a claim. He apologises again, begging that I wait another 3 weeks, and promises an extra day's wage as a compensation for the delay.

By Mid-march, he'd blocked my number and stopped returning my emails. I know that he's alive and well, as he is active on social media.

I made a money claim, which was a silly move and a waste of the £60 application fee. I found out shortly after I had completed the work that he was 17 years old, and a claim can only be made against an adult.

My question is the following: This person has now turned 18. Can I now make a claim against him, even though the job I did for him took place when he was 17? Or is this a lost cause?

I'd be very grateful for any advice on the matter! Thank you.

[Amethyst]

So the debt is something between £500 and £1000 ?

DO you know if he is acting as a business ( sole trader / partnership etc ) or just as a private individual ?

Under 18's can enter into contracts, presumably this was for services... and it sounds like he was completely aware of the cost of the services and agreed to pay you for them. He had the benefit of the services and thus he can be held to the agreement to pay for them.

How long ago was the court claim refused by the court and how was it refused ? Did he defend the claim by virtue of his age? or was it the court refused the claim?