16 year old son signs a 6 a side contract, says he is 18.

[Jimbo1970]

Hi everyone, thanks in advance for advice. Unbeknown to me, my 16 year old son signed a contract with a company running 6 a side football, as a manager of his mates. I only saw the contract yesterday. It stated on this contract that he had to be 18 but they did not request proof or my signature. His mates no longer want to play, so the person who runs it said he needed to give 2 weeks notice which he duly did. Now the guy is saying he has to put it in writing, after the two weeks have passed. Not a mention of this before. His mates will not play, leaving him with a bill of £72 to cover the next two games. Can I just cancel contract due to him being under age for the contract, and the fact they never asked for proof of age?

Thankyou,
Martin.

[des8]

A contract with a minor is voidable.
The Minors’ Contract Act 1987 enables a minor to repudiate (set aside) the contract even if it was made fraudulently
.That means he can 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 him to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to him.

A court could however order him to make restitution (Sec 3 of the act), but how likely is it that it would happen in this case?

[Jimbo1970]

Thanks for this Des8.

[echat11]

Football Manager is the only job on the planet where you don't have to be successful to be financially rewarded.

Some manager's has turned failing into a 'career'. They get huge contracts when they are appointed and huge compensation packages when they get sacked.

[Jimbo1970]

Football Manager is the only job on the planet where you don't have to be successful to be financially rewarded.

Some manager's has turned failing into a 'career'. They get huge contracts when they are appointed and huge compensation packages when they get sacked.

Politician too?

[Jimbo1970]

A contract with a minor is voidable.
The Minors’ Contract Act 1987 enables a minor to repudiate (set aside) the contract even if it was made fraudulently
.That means he can 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 him to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to him.

A court could however order him to make restitution (Sec 3 of the act), but how likely is it that it would happen in this case?

Hi, we have spoken to the guy in charge of the 6 a side, he said it does not matter one bit that son is 16, he lied and said he was 18 on form. No proof asked for. They said if we want to cancel contract, they will alert police and son will get a criminal record for lying about age and we will be charged £700.
Do I need to involve a solicitor now?
Thanks,
Martin.

[echat11]

I can't be 100% sure, but I the police will deem it to be a Civil matter, so won't be remotely interested.

It's something teenagers do all the time, I don't think the police has the resources or the will to investigate every time a teenager lies about their age.

Phone up your local police station for advice, see what they have to say.

[des8]

IMO that is an idle threat and anyway I doubt if Plod would be interested.
I would ignore it, but if police do come around do not speak to them without the presence of a solicitor.
If you haven't got your own, request the presence of the duty solicitor.
It is your right, and is free.

And how does this guy know what any sentence would be... is he a judge or magistrate.

Strikes me he is the worst type of bully and should be ignored other than a letter (sent 1st class with free certificate of posting) confirming your son has repudiated the contract on (whenever he first told the guy)under the provision of The Minors’ Contract Act 1987 .

[Jimbo1970]

[QUOTE=des8;n1603716]IMO that is an idle threat and anyway I doubt if Plod would be interested.
I would ignore it, but if police do come around do not speak to them without the presence of a solicitor.
If you haven't got your own, request the presence of the duty solicitor.
It is your right, and is free.

And how does this guy know what any sentence would be... is he a judge or magistrate.

Strikes me he is the worst type of bully and should be ignored other than a letter (sent 1st class with free certificate of posting) confirming your son has repudiated the contract on (whenever he first told the guy)under the provision of The Minors’ Contract Act 1987 .[/Q

The guy said that if we want to cancel he will call 3rd party to collect the £700 debt. I do not know which way to proceed legally. Please advise.

[echat11]

[QUOTE=Jimbo1970;n1603744]

IMO that is an idle threat and anyway I doubt if Plod would be interested.
I would ignore it, but if police do come around do not speak to them without the presence of a solicitor.
If you haven't got your own, request the presence of the duty solicitor.
It is your right, and is free.

And how does this guy know what any sentence would be... is he a judge or magistrate.

Strikes me he is the worst type of bully and should be ignored other than a letter (sent 1st class with free certificate of posting) confirming your son has repudiated the contract on (whenever he first told the guy)under the provision of The Minors’ Contract Act 1987 .[/Q

The guy said that if we want to cancel he will call 3rd party to collect the £700 debt. I do not know which way to proceed legally. Please advise.

Do as Des8 suggests in post 9. After that only communicate in writing if you have to. Just update the thread if you have too.

[des8]

What £700 debt??????
Which court has awarded that figure???

...but he didn't tell you that third parties trying to collect unenforceable dreamt up debts are just p*****g in the wind!

[Jimbo1970]

I spoke to them yesterday and we agreed that if he paid this week's pitch fees of £32 the contract would be ripped up. Their reviews on trustpilot etc are awful, highlighting bullying, threats etc. Thankyou both for your advice. I think son has learnt a valuable life lesson regarding reading contracts.

[echat11]

Make sure you get that in writing. Update if you need too.