My teenaged son used my credit card and now I want my money back from the retailer [LBC Legal Hour]

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Daniel Barnett, Barrister

Daniel Barnett, Barrister

Күн бұрын

Hamza's teenaged son used his credit card to make an online purchase. But he hasn't received the goods he was expecting. Daniel does his best to help but he also delivers a stark message.
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♨️ IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (January 2025), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.

Пікірлер: 42
@MatthewLenton
@MatthewLenton 15 сағат бұрын
So he wants the money back and then technically he still has the list
@loc4725
@loc4725 13 сағат бұрын
As others have said, digital goods electronically delivered are exempt from the 14 day cooling off period. The only possible route out is that the son was under 18, but I suspect the company would argue that as the father authorised the payment he is the one who ultimately entered into the contract.
@thomasdalton1508
@thomasdalton1508 4 сағат бұрын
That's only true if they explicitly got the customer to waive that right. If they knew what they were doing, they would have done that, but maybe he'll get lucky and they didn't.
@billyhills9933
@billyhills9933 15 сағат бұрын
If the product purchased was information then how do you return it for a refund? What's to stop him using the contacts he was given even after he gets his money back?
@LeviClay
@LeviClay 13 сағат бұрын
bingo, another example of Daniel not only talking rubbish, but proudly posting it on his own channel as content.
@Liberty_Freedom_Brotherhood
@Liberty_Freedom_Brotherhood 9 сағат бұрын
Send the list back lol 😂
@paul8161
@paul8161 14 сағат бұрын
Sorry, i don't buy the there wasn't a tick box. i am over 18 on the form on the website, and the 17-year-old filled out. Most websites won't 6:10 let you continue without ticking that. Just my take. And yeah don't give your 17year old kid your credit card details for this reason. 🤦‍♂️
@billyhills9933
@billyhills9933 10 сағат бұрын
Surely the assumption is that if you're using a credit card then you must be 18+ because credit cards can't be issued to someone younger. If you're younger then you're either a) using it with the permission (and responsibility) of the card holder or b) committing fraud.
@paul8161
@paul8161 9 сағат бұрын
@billyhills9933 I think the lawyer was saying that in the video or certainly inferring it.
@thomasdalton1508
@thomasdalton1508 4 сағат бұрын
There is pretty much never an explicit tick box for your age unless you are buying something age restricted. It might be hidden away in the terms and conditions and there might be a generic "I agree to the terms and conditions" tick box, but that's all.
@paul8161
@paul8161 4 сағат бұрын
@thomasdalton1508 Sorry, that's incorrect.. yes, age restricted products will obviously trigger a warning, but to say that age isn't mentioned on a normal website is misleading and incorrect.
@thomasdalton1508
@thomasdalton1508 4 сағат бұрын
@@paul8161 It is not incorrect. I buy things online all the time. I never tick a box saying I'm over 18 unless I'm buying something that requires being over 18. That is simply not a thing. It doesn't happen. No website asks that question unless they are selling age restricted items.
@LeviClay
@LeviClay 13 сағат бұрын
Daniel, there's no WAY you're entitled to your money back after 24 hours in a context like this. In order to get your money back, you have to return the thing you purchased. He's received the goods, the goods were information. He received that information. Otherwise I'm going to start buying email databases and then as soon as I receive the list, say I don't want it and want my money back.
@ULTIMARAGNAR0K
@ULTIMARAGNAR0K 12 сағат бұрын
Doesn’t work that way in the UK I’m afraid mate. And this is my area of expertise
@LeviClay
@LeviClay 5 сағат бұрын
@@ULTIMARAGNAR0K you're claiming it's your area of expertise. I'm TELLING you it's mine. You can google my name.
@LeviClay
@LeviClay 4 сағат бұрын
@@ULTIMARAGNAR0K maybe want to go back to school if this is your area of expertise. "Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods. If you want to download something within 14 days of buying it, you will have to give your consent to waive the 14-day cooling-off period. If you don’t give your consent, the 14-day cooling-off period still applies, but you won’t be able to download your digital content until this period has ended. This is to prevent you from changing your mind after you have downloaded the content."
@DeclanOKaneMD
@DeclanOKaneMD 6 сағат бұрын
Can’t cancel when he got the list can they
@jamesupton4996
@jamesupton4996 15 сағат бұрын
That's fierce, but dad was irresponsible.
@CeticWales
@CeticWales 13 сағат бұрын
Hang on, at the end he said he forwarded it to him to pay the amount, 5:48 Surely that counts as him purchasing the item not his son?
@ZenzeroCAM
@ZenzeroCAM 13 сағат бұрын
Wait a son just went to his dad “hey I got a link to buy this, it’s 100% legit, I need £1500 to get it” and the dad just said “yup, okay!”? Wow
@londontrada
@londontrada 15 сағат бұрын
Transctions like this usually have a waiver of the cooling off period in the smallprint
@googleuser8740
@googleuser8740 4 сағат бұрын
Cost of fraud £1500. Daniels facial expressions when you constantly interrupt - Priceless.
@coderider3022
@coderider3022 15 сағат бұрын
Omg… clear as mud. £1,500 would be better spent on parenting classes ?
@StuAnderson90
@StuAnderson90 8 сағат бұрын
I want your question not your fricking life story 😂
@BlueW01f
@BlueW01f 9 сағат бұрын
Dude gave his credit card to his son for an obvious scam. Kids a mug, dad's a mug.
@article21gdpr
@article21gdpr 13 сағат бұрын
i am sooooooooooooooo lost with this guy
@tracer1127
@tracer1127 15 сағат бұрын
What products were you expecting as opposed to receiving a list ? If he received a list surely that was what he ordered instead of goods.
@fintanduffyable
@fintanduffyable 10 сағат бұрын
Ha ha good luck with that one 😉 🤣.....how about you don't give him your credit card details...he admits giving his son permission and says he should have checked if this goes to court he will be laughed out the door and round the corner 🤣
@easterneye2773
@easterneye2773 13 сағат бұрын
That moustache/goatee looks atrocious
@MrWillyMrBrightside
@MrWillyMrBrightside 14 сағат бұрын
To think there are grown adults walking around completely bewildered by the modern world...
@atakd
@atakd 15 сағат бұрын
No wonder this barrister gives free legal advice because nobody would pay him. Non-tangible goods, such as lists of information, are exempt from the 14 day return rule.
@TheMusicalElitist
@TheMusicalElitist 15 сағат бұрын
The caller was confusing. The barrister himself, is actually very successful and has achieved more than you ever will in your silly little life.
@atakd
@atakd 15 сағат бұрын
But all you can do is comment about my life, about which you know absolutely nothing at all, rather than admit the legal advice was simply wrong. Barnett clearly stated that a refund could be claimed under the 24 day distance selling rule, and that factually not correct.
@LeviClay
@LeviClay 13 сағат бұрын
@@TheMusicalElitist of course he's very successful... he charges lawyer rates for his time. You can be very successful... AND incorrect. And what does this guys level of achievement have to do with anything? I've achieved more than you in your silly little life... does that mean you can't criticise me? Your logic is as bad as Daniel's advice.
@Pureblood002
@Pureblood002 13 сағат бұрын
A bit off topic but tobacco products say "smoking kills" yet here I am 25 years on, still alive , does anyone reckon I can sue ? Surely they owe me thousands ?
@paulthomas8262
@paulthomas8262 9 сағат бұрын
If there are no damages you can't sue. there has to be some kind of loss or injury. Not dying is not a treated as a loss
@paulthomas8262
@paulthomas8262 9 сағат бұрын
Also you estate can't claim either based on the fact you haven;t saved money by dying earlier, because you can only claim based on transaction not lack of transaction.
@paulthomas8262
@paulthomas8262 9 сағат бұрын
Also "smoking kills" is not a contract. Nor is it specific to you. It is a legally required carry this label, and you can;t sue the government for what is lawful.
@Pureblood002
@Pureblood002 9 сағат бұрын
I was kinda joking But thanks
@paulthomas8262
@paulthomas8262 8 сағат бұрын
@Pureblood002 but are you really alive? I'm not convinced.
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