Family friend forced/conned in to buying photos?

AboutLee

AboutLee

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So ive come home from work to find out a family friend has been pressured/conned in to buying some photos that she went to a photo studio. Please mind this is a mixed story with some twists.

Now from what ive been told there was no price set on how much she would have to pay if she wanted the photos. So after the shoot my family friend setup a direct debit to buy these said photos. Now this is the catch my family friend signed a contract saying she would buy these photos, and she was over 18 when in fact shes only 17, And the studio kept giving her alcohol drinks so after the shoot she was either tipsy or drunk and signed this said contract.

Now she is now panicking cause she can't afford to pay for these photos but shes signed a contract saying she would have to pay for the photos, and she thinks she would go to court for lying.

What leg does she stand on? Ive also been told they took some raunchy shots of her as well. Im just waiting to see the sample copies to see if they really are.

Before anyone says why did she do it etc.. i have no idea and because she wanted some photos done at a studio.

All advice welcome.

P.s i hope this is the right section.
 
nice. Studio gets underage customer drunk. I can see this one isnt going to go well, now, do we all want to behave in this thread, or shall i just lock it now?
 
If it were me I would just cancel the direct debit. If the things you say are all true and they make a fuss simply informing them of the facts is likely to make them back off. If not I would think perhaps a newspaper or even the police would be interested in the story so I don't think you are likely to have any problems.
 
amtaylor said:
If it were me I would just cancel the direct debit. If the things you say are all true and they make a fuss simply informing them of the facts is likely to make them back off. If not I would think perhaps a newspaper or even the police would be interested in the story so I don't think you are likely to have any problems.
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+1 for this idea
 
She has a 7 day cooling off period anyway.... just cancel the DD and sod em!
 
Shes thought about cancelling but cause shes signed a contract shes scared they will come after her. And she don't want the hassle from them if they come after her saying she was 18 etc..

Mods please don't close it, i stated in my first post advice only and i have no idea why she did it etc.. so i won't be arguing.
 
Just to clarify, your friend went along to this studio, told then she was over 18, signed a document to that effect agreeing to pay an unspecified amount for images, accepted alcohol from them despite being under the legal drinking age and posed for 'raunchy' photos and you say she's been 'conned'?

Unless there's a lot more to the story it sounds more like she's the one who has been acting dishonestly.....
 
Flash In The Pan said:
Just to clarify, your friend went along to this studio, told then she was over 18, signed a document to that effect agreeing to pay an unspecified amount for images, accepted alcohol from them despite being under the legal drinking age and posed for 'raunchy' photos and you say she's been 'conned'?

Unless there's a lot more to the story it sounds more like she's the one who has been acting dishonestly.....
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In fairness i don't think she even read this contract, they didn't even ask for ID etc..

Ive also googled the photo studio and ive found some reviews saying others were forced to pay cause they signed a contract. Also some people charged £125 for cancelling a shoot, and other stuff. Also read they love to give you all the free drink possible.

Nice making people drunk then getting them to sign a contract.
 
Flash In The Pan said:
Just to clarify, your friend went along to this studio, told then she was over 18, signed a document to that effect agreeing to pay an unspecified amount for images, accepted alcohol from them despite being under the legal drinking age and posed for 'raunchy' photos and you say she's been 'conned'?

Unless there's a lot more to the story it sounds more like she's the one who has been acting dishonestly.....
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If a company is doing this they should be asking proof of age as what they did is illegal regardless of what she said. Also I'm pretty sure a contract that has an open ended amount of money in can't be binding.
 
Surely she should have provided age proving ID or the toggers opened themselves for taking indecent photos of a minor? And providing alcohol to a minor?

Ignorance is NOT a plea of innocence in either case?

Your' friend has been rather silly, but so have said company.

I would think that if they were told the facts and asked not to follow up the contract with a promise of no law/media involvement then you(she) might be ok
 
I would say that there is far too much conjecture here to be able to understand what is going on. I would imagine there is far more to the story than first meets the eye, and its all to easy to take sides without the full facts.
 
They can't force a legally binding contract on her over this... Get on the phone and tell them you will be getting the police involved.
 
I would have thought that if they are advancing her credit in the form of paying by instalments then surely they would have done some sort of credit checking. I'm pretty sure that a contract with a "minor" is not valid anyway, which is why they cannot get agreements on things like mobile phones etc.
 
AboutLee said:
In fairness i don't think she even read this contract, they didn't even ask for ID etc..

Ive also googled the photo studio and ive found some reviews saying others were forced to pay cause they signed a contract. Also some people charged £125 for cancelling a shoot.
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So, she signed a contract without reading it, that's not the studio's fault is it? Nor, unless she was forced to consume the alcohol, is the fact that she got herself tipsy/drunk the fault of the studio.

Finally, you can't cancel a contract after the services have been provided....
 
well, your friend has been silly, but legally she is a minor, and y'know, kids will be kids!

Cancel the direct debit without fear, also contact the bank to make sure no payments that may have already been taken are validated. Return any pictures already received. If you get any grief from the studio, make them aware that they have plied a minor with alcohol, got her to sign a binding contract whilst drunk and that she is allowed a 7 day cooling off period. If they get nasty call police/trading standards/local paper etc.

If the studio have made an honest mistake they will accept this and move on. I know its a pain when customers mess you around, and she may well have implied/lied to them about her age, but unfortunately sometimes you have to suck it up and deal with it! I appreciate they have bills to pay, and this is how they make their money but you need to be careful of you are giving out alcohol and presenting contracts. Ignorance is not innocence. Now, if she were over 18, I'd say tough luck. Its a hard sell, but you don't get a prefessional photo shoot for free...
 
Flash In The Pan said:
So, she signed a contract without reading it, that's not the studio's fault is it? Nor, unless she was forced to consume the alcohol, is the fact that she got herself tipsy/drunk the fault of the studio.

Finally, you can't cancel a contract after the services have been provided....
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1) yes if they didn't check her age
2) yes if they didn't check her age
3) contract are cancelled all the time for various reasons and some contracts aren't legally binding in the first place, ie contract with a minor not in a right state of mind etc
 
amtaylor said:
If a company is doing this they should be asking proof of age as what they did is illegal regardless of what she said. Also I'm pretty sure a contract that has an open ended amount of money in can't be binding.
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Perhaps they did, how many 16 or 17 year olds do you know with fake id?

jamesoliverstone said:
I would say that there is far too much conjecture here to be able to understand what is going on. I would imagine there is far more to the story than first meets the eye, and its all to easy to take sides without the full facts.
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Exactly, to me this sounds more like someone who has suffered 'buyer's remorse' and is just looking for an excuse to avoid paying for a service they've already made use of.
 
Flash In The Pan said:
Perhaps they did, how many 16 or 17 year olds do you know with fake id
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not sure this matters. Seeing as even cashiers at supermarkets can be fined for selling alcohol to a 40 year old who then gives it to a minor. I'm not saying its right, in fact its stupid but its the law.
 
Without both sides of the story there is no point in commenting.

However, nice pre-emptive strike there matty:). Have the mods gone minority report with a PreMod division?
 
She was underage and nobody asked for ID? Clearly they don't value their freedom/absence from the sex offenders register.

If it was my family friend (and there was anything REMOTELY raunchy about the pics - let the police decide what would break the law), I'd be straight to the police station. Whether she implied/lied about her age is neither here nor there. It's why Tesco still ask me for ID at 22, to cover their own arses and ensure they comply with the law.

Also, a contract can't be made legally binding with a minor so she's all clear in that sense.

How anyone can begin to defend the studio I have no idea :huh:
 
Again. Not necessarily right depending on how deliberate the action was on either side but I could see a fairly easy civil case being made against the studio. If this was an American forum that's what everyone would be suggesting. Only in America ay?
 
Wouldn't they need some kind of licence to provide alcohol for consumption on the premises?

I reckon that if a shopkeeper can be prosecuted for selling drink and fags to kids, even if they DO say they're over 18, the studio is on very shaky ground...
 
Another worrying aspect is that "if" the pix were a bit raunchy what happens to them?
 
Yes i know she shouldn't of lied etc.. but that's her not me. Keep it out the topic please.

She told them she didn't have any ID but was told to bring something with her address on and she took her bank statement. (No fake ID was involved and she used her real name etc..).

She also had to pay £40 upfront to cover some costs or something. The pictures taken were not in underwear etc.. just very reveling clothing and poses she was told to do.
 
From a parents perspective, I would go to the studio and talk over the situation, explaining fully that my daughter was only 17 years of age & felt very pressured into signing the credit agreement and see what they come back with. The loss of a sale should be less of a concern than any damage to their name,especially if they did believe she was over 18 and got her to sign the credit agreement in good faith
 
amtaylor said:
not sure this matters. Seeing as even cashiers at supermarkets can be fined for selling alcohol to a 40 year old who then gives it to a minor. I'm not saying its right, in fact its stupid but its the law.
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I don't think the op is saying that a '40 year old' went in and arranged the photoshoot for her, which is the only way your arguement could have any relevance) from what I gather she did it of her own volition.

'we can't take you picture if you're under 18, do you have any proof of age?'

'yes, here's my (insert whatever form of id was used)' (Edit: written at the same time the op posted about no id being provided)

'ok, could you sign this form to confirm once again that you are over 18?'

'certainly (signs contract)'

'As you're over 18, would you like glass of wine?'

............
 
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AboutLee said:
Yes i know she shouldn't of lied etc.. but that's her not me. Keep it out the topic please.

She told them she didn't have any ID but was told to bring something with her address on and she took her bank statement. (No fake ID was involved and she used her real name etc..).

She also had to pay £40 upfront to cover some costs or something. The pictures taken were not in underwear etc.. just very reveling clothing and poses she was told to do.
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Section 2of the Fraud Act 2006

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).




Section 3 of the Fraud Act 2006:


Fraud by failing to disclose information

A person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b)intends, by failing to disclose the information—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.
 
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Sounds to me like the lass went to the studio, claimed to be over 18, signed to say she was over 18, got a bit tipsy, the shoot got a bit risque, she signed a contract to say she'd buy x number of prints then she sobered up and thought "Oh crap!".

Would have thought that the studio would have had a legal responsibility to ensure she was over 18 before letting her drink/taking any adult style images but maybe these laws aren't as strict/well defined as the laws around sales of alcohol to minors.

I'd say both parties were in the wrong, the girl for deceiving the studio about her age and the studio for not properly ensuring the client was not a minor. Beyond that, the alcohol thing is a sales technique and not really what's up for discussion here.

As has been said before, the studio should see the value in canceling the contract over bad publicity.
 
A credit agreement under 18 years old? Never heard of it personally and certainly against the law and not enforceable.

Direct debit agreement? Few accounts other than current accounts offer this? Age again?

It is certainly against the law to supply a person under 18 years old with alcohol. Ignorance is no defence in law.

I reckon the studio will and should back down once they know the true age of the girl. They are on dodgy territory.
 
can a minor sign a contract legally - i thought if they were under 18 a parent or guardian had to sign - in which case the contract is unenforceable

also dont you have a legal right to change your mind on contracts like that (and the goods/service havent already been provided unless she is already in receipt of the prints)

IMO cancel the direct debits and tell them to do one- i cant see them risking an expensive case they might not win and attendant bad publicity
 
A friend of mine had a very similar experience... Can you pm me the name of the company to see if it was the same one... She was pressured into signing a direct debit for £60 odd a month for a year for her shots before she left and was only 17.
 
Lomond Lad said:
A credit agreement under 18 years old? Never heard of it personally and certainly against the law and not enforceable.
.
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We're back to the point where the girl has told them she is 18...


You can enter into a credit agreement under the age of 18 btw, as long as you have a guarantor.
 
I think you're in the wrong place asking these questions, all you'll get here are ill informed opinions or speculation.

Take the contract to a lawyer.
 
Flash In The Pan said:
We're back to the point where the girl has told them she is 18...


You can enter into a credit agreement under the age of 18 btw, as long as you have a guarantor.
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Where has this credit agreement point come from..... I thought she had signed a direct debit? :thinking:
 
Silvermuir said:
I think you're in the wrong place asking these questions, all you'll get here are ill informed opinions or speculation.

Take the contract to a lawyer.
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And pay the lawyer! .... How much would that cost?
 
And any credit agreement requires proof of name and address, date of birth and credit checks....otherwise it's not valid. For the applicant and or guarantor.

Ever asked the bank for credit and they've said yes without checking and double checking that you are who you say you are? A phone even?
 
Splog said:
And pay the lawyer! .... How much would that cost?
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Its a legal matter none of us are qualified to give the man advice, whats he gonna say to the studio that took the pics "i dont have to pay cause my buddies on talk photography said i dont"

The way i see it there are three choices pay what they asked for, pay a lawyer or the third option dont pay and they lawyer up in which case he's gonna need a lawyer anyway.

I agree a court case is to be avoided at all costs, paying the studio may be the cheapest option, the next one would probably be a consultation fee from a lawyer, then there is the senario you do not want....going to court and loosing then you need to pay the studios legal fees.
 
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Splog said:
Where has this credit agreement point come from..... I thought she had signed a direct debit? :thinking:
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Good point! The OP never even mentioned credit agreement now I've read it back. Just show you....
 
Silvermuir said:
Its a legal matter none of us are qualified to give the man advice, whats he gonna say to the studio that took the pics "i dont have to pay cause my buddies on talk photography said i dont"

The way i see it there are three choices pay what they asked for, pay a lawyer or the third option dont pay and they lawyer up in which case he's gonna need a lawyer anyway.
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of course theres the other option of dont pay and they dont lawyer up because their case is weak and they dont want to risk negative publicity in which case everythings cushtie

theres also options of free legal advice like CAB, and for that matter many solicitors offer a free initial consultation.
 
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