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Recission of Contract by DEBTOR due to DURESS


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Hi all

It seems that Recission of a contract IS allowed if the original contract was signed under duress.

 

When the Banks were offering Hugely increased Credit limits with Zero controls on who was getting these loans, credit cards etc could the DEBTOR claim that he accepted the deal under duress (could have been under a lot of other pressures etc) and therefore the DEBTOR was unilaterally going for a recission.

 

Would a defence of this sort get anywhere or would it just be laughed out of Court.

 

I haven't seen any strictly legal definition of "Duress" although I'm sure the Banks would try and defend this one vigorously.

 

Cheers

jimbo

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Hi,

I think the only way this would fly is if they held a gun to your head and said sign. I would suggest duress is doing something against ones will.

Nobody can force anyone to sign anything.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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As has already been said.... virtually no chance whatsoever.

 

Firstly you, personally, could not rescind the contract. A contract signed under duress is voidable; meaning that a court can strike out the contract, thus relieving each party to that contract from any burdens placed upon them by it.

 

Secondly, a contract can only be voidable by duress if the duress under which the contract was signed was either a threat of death or serious injury (Barton v Armstrong [1976] ) or an economic duress, which must be more than merely standard commercial pressure.

 

On these facts, as has already been said - unless there was some particularly unusual situation under which you signed a contract, there is no chance whatsoever, in my opinion, of a claim of duress being upheld.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Hi there

Thanks everybody -- I'm looking for any tiny sliver of possible action against ANY DCA with a view to a possible CRIMINAL prosecution -- probably a HUGE long shot but I've got some spare time and I don't mind looking no matter how hopeless the case might seem.

 

Someone is SURELY going to make a mistake and then --BANG -- once we've got one the whole rest of the stinking system can then be made to clean up its act.

 

I'm NOT saying to people DON'T pay but I'm against the whole 100% lying, bullying, threatening confrontation that represents your typical Bank or DCA once things start going a bit wrong -- especially if you are forced into circumstances TOTALLY beyond your control and suddenly find you CAN't pay any more even if you wanted to.

 

Cheers and once again thanks to all -- sooner or later one of these DCA's will make a mistake and become too aggressive.

 

jimbo

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