My little sister is 16 years old and signed a contract on one side it was a movie app, similar to Netflix. You would have to pay 365 euro a year but the first 5 days were free if you unsubscribed.
In any case, she has now signed and we got an email after 5 days that we have to pay the money.
My father asked a lawyer and he said that because she is a minor she shouldn't sign anything anyway and we should ignore the email for now.
On January 30th, 20th my sister got an email again but from the debt collection, she missed the email completely.
We would have to pay 520 euro by 3.2.20.
Now I ask myself, why aren't we sent mail? They have the address. We only get emails.
And when should we now pay the 500 euro?
To debt collection or on this side? And the deadline is over now.
What should we do?
If it is a contract with multiple payments, the whole thing does not work, simply refers to the minority and the lack of consent of the parents, then the whole thing is done
When should we write that? The debt collection or the page?
To the company where your sister signed the contract
First contact the operator of the site. Send them proof (ID card) that your sister is a minor. The contract is invalid according to § 106 BGB, because your sister is still legally limited. If the page or the company behind it does not react, the lawyer should send a warning letter. Once that is done, the whole thing will usually be resolved. If not, contact debt collection and clarify the matter. At worst, to the police.
What should we do?
You have already received recommendations for action.
You don't do anything unless court mail comes in, that will most likely not happen.
I would not do the effort at all, apart from the fact that personal copies are not always and readily permitted.
Sure you can just wait until they do something. It's their problem.
Why aren't we sent mail? We only get emails.
Because emails are faster, more convenient and cheaper to send.
If there's a judicial dunning procedure, you will still receive letter mail…
And when should we now pay the 500 euro?
That should be in the emails.
What should we do?
Either pay or hand the matter over to the lawyer.
I at your parents would have it checked first of all whether a legal contract has even been concluded.
To debt collection. If a debt collection agency notices that a claim is in dispute, it will likely return it to the client.
A) A contract can't be concluded because she can't conclude "credit transactions" with under 18 years, including paying by invoice.
b) if she is asked to give her date of birth, gives a wrong one in order to be able to complete the order process, punk a results in a credit fraud, since she provides false information in order to be able to conclude this credit transaction. In addition to the criminal history, this also results in claims for damages under civil law.
BUT… The provider will probably have no interest in pulling the whole thing into the public eye and probably won't do anything. It would also be necessary to check whether the legal requirements were generally met, in particular a button "order now with payment" when placing the order and a clear listing of the costs on the order page (not hidden in the terms and conditions). Is that not the case just generally contradict because no contract has been concluded (without mentioning that you are under 18).
Never send copies of your ID card… Zumidnest never without clear watermark to whom and what the copy is on the ID card so that it can't be removed. Also note that you can also accuse yourself of a crime if you have given an incorrect date of birth to get the benefit. It is better to check first whether the contract would be valid at all if it was 18 … Usually it is not with such providers anyway and then you can simply declare it invalid.
