Is My Contract With Virgin Still Valid If I Go To Prison?!!

[Mark Adrien]

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."

[rebel11]

hi mark

 

welcome to CAG

 

Some of the guys will respond shortly.

[Human Writes]

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."

 

As far as I know the contracts are still enforceable, I could be wrong.

 

Reference the above, I don't think that you could use this to argue that you should be released from the contract, obviously I don't know the circumstances of your imprisonment but it is likely that you could have excercised due care and avoided a prision sentence by not comitting a criminal offence.

[MARTIN3030]

We has the same questions posed here;

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/128171-bt-phone-line-contract.html

[buzby]

Force Majeure only applies to the supplier, not the customer. You would be asking them (at the time of incarceration) for agreement to suspend, which they may or may not agree to. Unfortunately, there are quite a few things that people feel contracts should be waived for; Death, Divorce, Redundancy, Relocation, Non use, Mental incapacity and whilst the company is happy to end services on request at 30 days notice, ALL will be billed any minimum term that is outstanding. Only bankruptcy provides a get out, and even then it isn't guaranteed.

[shining Light]

I would say you most definately are liable.

 

You entered into a contract with Virgin to provide a service, I assume they did so which means they have fulfilled their side of the contract.

 

You didn't or were unable to make use of the service, but either way it is down to you. Sorry, but I honestly don't think you have a leg to stand on in this case.