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When I was 16 I went to Rogers to get a phone after i filled out the paperwork they told me i actually had to be 19 to enter the contract so i couldnt get the phone. The lady offered to change my birthday on the contract so I said ok if it meant i could get the phone. When i tried to cancel the phone service they kept billing me and claim that i owe them $600. But isant the contract void because i was under age? I need to resolve this because it is affecting my credit.? please help.
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You will need to check you state laws for specifics but generally contracts with minors are void. The problem is that they claim you owe them $600, the contract states that you are of age and now it is on your credit report. You can always pay the money and sue them later in small claims court on the premise that the contract was void on the on set because of your age and that you were not in any capacity to sign or be bound by that contract.
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Contracts with minors are voidable at the election of the minor, and whether or not you have to return the good(s) you purchased (i.e., restore the consideration) will depend on whether you paid cash or purchased on credit.
When you reach the age of majority, you can then affirm the contract. |
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Let me answer your question: The alleged contract that you entered into for the purchase of the phone was void ab initio, i.e., it was void from its inception, i.e., there never was any contract, and therefore if we have no formation we have no contract, and if we have no contract there can be no breach of contract.
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