Jump to content
Mark Adrien

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3660 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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."

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...