Can a child be pursued by a solicitor for a debt?

MadsL

Can a 15 year old be pursued for payment for a customs payment on an article that was sent to them. Not looking for advice, just would like to know if a child can be held liable for a payment without any contract between them and the courier.

Incidentally does signing for a package constitute a contract.

MagicSean

That wouldn't really be a debt so much as an import duty or a tax.

another question

You can't make a contract with a minor.

MadsL

So any ideas why a minor is being pursued for payment?

MadsL

MagicSean wrote: »

That wouldn't really be a debt so much as an import duty or a tax.

The courier paid the import duty, and are seeking recompense.

jamie72

Could you not give a bit more of a back story madsl?

Sir Pompous Righteousness

MadsL wrote: »

Can a 15 year old be pursued for payment for a customs payment on an article that was sent to them. Not looking for advice, just would like to know if a child can be held liable for a payment without any contract between them and the courier.

Incidentally does signing for a package constitute a contract.

A minor under 18 needs to act through their parent/guardian (i.e., "next friend", "next of kin"). Therefore the solicitor can pursue the parent/guardian to pay the debt. A minor under 18 also needs a parent/guardian to sign on their behalf.

MadsL

OK - not looking for advice; just back story.

Hypothetically, I post a second hand mobile to a child, plus a prepaid credit card to a child who to be travelling to the US unaccompanied. The mobile is being returned to the US and I make it clear on the customs documentation.

It goes in an envelope at the cheapest courier rate, I'm asked the value of the package. I say $0 - they say we can't do that we have to declare a val;ue. We agree to put $150.

Package gets delivered.

Child gets bill in post on their return.

I challenge it with Revenue, still waiting.

Child gets collection letter from soliciltor in the meantime.

TL;DR - Can a child be held accountable for this transaction and can a minor be pursued in this manner? Hypothetically, of course.

MadsL

Sir Pompous Righteousness wrote: »

A minor under 18 needs to act through their parent/guardian (i.e., "next friend", "next of kin"). Therefore the solicitor can pursue the parent/guardian to pay the debt. A minor under 18 also needs a parent/guardian to sign on their behalf.

Does signing for a package imply a contract?

Peregrinus

If this is a tax liability, then of course a child can be liable. There is no rule that you cannot incur a tax liability before attaining the age of 18.

If this is a liability founded on contract, a child can be liable on a "contract for necessaries" - for the provision of things which are reasonably necessary to the child, given his age and situation in life. If a child could lawfully enter into a contract to buy a mobile phone - and many do - then he could enter into a contract to reimburse a courier for the VAT/import duty on a mobile phone.

Of course, it remains to be shown that this child has entered into a contract but, in principal, he could. And he could be sued on it.

golden lane

whoever imported it, pays the import duty......that is the courier.....if you don't payb the courier charges then the can sue the childs guardians.......

if somebody sends you a parcel......you can refuse to take it.....


that does not apply if it is sent by post....that is, by the post office,......

MadsL

Oh well, might as well pay it seeing as I got the delivery refunded as they failed to deliver properly.

€54 Revenue wanted for a phone that was returned to the US and a card.
They even charged duty on the cost of the courier.

Disgraceful.

Victor

MadsL wrote: »

Oh well, might as well pay it seeing as I got the delivery refunded as they failed to deliver properly.

€54 Revenue wanted for a phone that was returned to the US and a card.

Was it marked "For re-export"? Try to get the 15 year old to get a receipt at the airport from customers for the re-export (how?).

They even charged duty on the cost of the courier.

tis is normal, to stop sellers charging all the price to the cost of the courier.

another question wrote: »

You can't make a contract with a minor.

Well, when those hungry kids ask the shopkeeper for bread, do you think they should be refused?

Children make contracts every day. For minors, contracts of necessity can be enforced.

Milk & Honey

another question wrote: »

You can't make a contract with a minor.

Yes you can. Some contracts with minors are not enforceable.

mikewest

Some

??
Just curious, I thought that although a minor can enter a contract that contract could not be legally enforced.

Peregrinus

mikewest wrote: »

??
Just curious, I thought that although a minor can enter a contract that contract could not be legally enforced.

Yup, contracts for necessaries can be enforced, as can contracts of employment which are for the benefit of the minor (subject, of course, to regulations regarding the employment of children).

If a minor can enter into a contract to acquire a mobile phone - and they do this all the time - then it's hard to argue that they can't enter into a contract to reimburse someone for the duty cost of importing a mobile phone.

Of course, proving that the minor did in fact enter into the contract might be an issue.

Procrastastudy

mikewest wrote: »

??
Just curious, I thought that although a minor can enter a contract that contract could not be legally enforced.

Necessaries - have a google. Legal advice would count generally.