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Mark Adrien

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  1. I entered a contract with Telewest (now Virgin) for broadband, tv & telephone services in April 2006. On the 21st of July 2006 I was imprisoned and had to serve 4 years. I informed Telewest on the 25th of July of my current situation & requested a termination of the services. They informed me I would have to pay a termination fee, which I expressed I was unable to do so due to my circumstances. Upon my realease (8th July 2010) I have contacted Virgin to resume my services, only to be told I was still in debt for the remainder of the contract totalling £189.00 & I cannot resume my services until I have fully paid the outstanding debt!! My query is, am I still liable even though I was imprisoned for 4 years or does the following (or anything else) apply in my case? "Force Majeure: literally meaning "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party."
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