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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I brought a ticket for an event next March for my Daughters

Customer Question

I brought a ticket for an event next March for my Daughters boyfriend. He was 17 at the time and he promised to pay me back £575 when he could. They have since split, the ticket is non transferable or sellable which he knew when agreeing to it. He is now 18 and never denied owing me the money. I have text messages asking for mediation but everything is ignored. Can I take him to small claims court
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Does he have the money to pay?

Customer: replied 10 months ago.
Well he has a part time job and I did say I was happy with a monthly amount. I just wanted them to know money doesn't grow on trees and to take some responsibility for asking for the loan. Last year I treated them to the weekend as a Christmas present but they wanted the VIP experience.
Customer: replied 10 months ago.
My main concern was that he was a minor when he agreed to it and when I brought the tickets even though he is now 18 and the event hasn't happened. The ticket has his name on it so they can't be resold so I can't get my money back that way
Expert:  Jo C. replied 10 months ago.

Yes, that is right. He was a minor and you can't enforce contracts against minors.

You can generally recover from them the service that they have used though. The only problem here is that you seem to be saying that he hasn't used it.

Also, the other problem that I can see immediately is that I would imagine he will start saying it was a gift which might be accepted given that it was his birthday. The best point you have there is that it is a very high sum.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
The event hasn't happened yet it's in March 2017. I have text messages mentioning the loan knowing he had to pay it back as they wanted better tickets for next year. So because I brought them when he was 17 are you saying there is nothing I can do? Even though I read somewhere that because it hadn't been denied by him that he owes it now he is 18 I can't do anything either. I've tried to contact hoping that his parents would do the right thing and make him face up to responsibility but I've had no response seems very unfair since I was doing the right thing.
Expert:  Jo C. replied 10 months ago.

But he isn't going to use it?

He was a minor and you can't enforce contracts against minors.

You can generally recover from them the service that they have used though. The only problem here is that you seem to be saying that he hasn't used it.

It doesn't matter whether he is 18 or not. The issue is the date of the contract.

Customer: replied 10 months ago.
If he doesn't use the ticket then no one can use it as it has his name on it. Yes he will use it no doubt if he pays for it or not as it's worthless as they aren't transferable
Expert:  Jo C. replied 10 months ago.

You could try to enforce on the basis that it is a service he will use. It is not an easy claim to bring.

Also, there are the issues with the gift point.

At least he is at the older end of the range.

Customer: replied 10 months ago.
They went last year which was a gift for Christmas tickets were £95 and when they came home they said they wanted to go again as a VIP. I told them the price of the tickets for VIP and they both said if I loaned it they would take all year to pay it back. Which my Daughter has done. This tickets was never going to be gifted and I have text message proof to say that
Expert:  Jo C. replied 10 months ago.

From him?

Customer: replied 10 months ago.
Expert:  Jo C. replied 10 months ago.

So his text to you specifically said that this was not a gift?

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Customer: replied 10 months ago.
It's says, thank you I'll pay you back
Expert:  Jo C. replied 10 months ago.

At least that deals with the gift issue.

The only thing is his age.