Is a contract valid if it's signed by an alcoholic under the influence?

[divineinspiration3]

A family member has received a County Court claim from a PPL company regarding their enormous fees for reclaiming her monies. She has been on a downward spiral through alcohol and depression for some years and the quickening occurred around 4 months ago resulting in a few weeks in rehabilitation as rock bottom was reached. This company pushed her over the edge with their constant phone calls demanding money, even before the building society had paid up. Acknowledgement of service has been done to buy some time but I'm fearful that this pressure will force her off the wagon again. Any help beagles? She is the mother of 3 children one of which is disabled and with special needs. Thanks in advance

[Amethyst]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

How much did she successfully reclaim, and how much is the company claiming from her?

~Can you say who the company is?

[divineinspiration3]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

Just over 6k reclaimed and around 2.3k claimed by the PPL firm, 36% of the totals reclaimed. In fairness the whole of the amount refunded was spent on rehab

[Linus]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

Being an alcoholic is no defence as such as there are many high functioning alcoholics who hold down good jobs and great responsibility. Were the company aware of the alcohol dependancy and depression?

[wales01man]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

They accepted the refund now looking for an excuse to pay was the contract signed in front of a company employee

[Amethyst]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

Just over 6k reclaimed and around 2.3k claimed by the PPL firm, 36% of the totals reclaimed. In fairness the whole of the amount refunded was spent on rehab

Well that sounds like a good way to have spent the money, I hope there is good movement towards recovery now

I'm afraid if the contracts were signed and authority given the amount will need paying. If you tell us who the company is we can have a look at terms and conditions, how the contract was signed etc. If it was clear how much the charge would be and the paperwork was all sent over, completed and returned, then it's unlikely you'd be able to avoid payment. You could write with details of personal circumstances and make a monthly payment offer. The case is already in court though so it is more unlikely you'd succeed with offer and defence as they can just obtain a judgment for the full amount - unless there is something majorly wrong with the terms/contract.

An admission and offer to pay to the court with an income and expenditure sheet could result with a sensible monthly payment.

How long ago was the contract signed also?

Is there any property / assets owned by the defendant ?

[EXC]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

Given that your family member received the PPI refund I don't think there is any question that the contract was not valid.

If she cannot pay the £2.3k immediately she needs to try and come to an arrangement with the CMC (preferably before it gets to court) to pay in affordable installments.

If she can prove that she spent the entire refund on rehab she should say so and cite the CMC's regulatory responsibility with regard to vulnerable customers:

f) Have appropriate procedures in place for early identification and protection of vulnerable consumers and give due consideration to obligations under any relevant legislation.

https://www.gov.uk/government/upload...les_Oct14a.pdf

[Openlaw15]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

A family member has received a County Court claim from a PPL company regarding their enormous fees for reclaiming her monies. She has been on a downward spiral through alcohol and depression for some years and the quickening occurred around 4 months ago resulting in a few weeks in rehabilitation as rock bottom was reached. This company pushed her over the edge with their constant phone calls demanding money, even before the building society had paid up. Acknowledgement of service has been done to buy some time but I'm fearful that this pressure will force her off the wagon again. Any help beagles? She is the mother of 3 children one of which is disabled and with special needs. Thanks in advance

It's a shame she never did the PPI claim herself instead of a Claims Management Company (CMC). If the harassment has seriously affected the family member, it could be a criminal offence of harassment, since you also say 'she' it may be possible for claim under the Equality Act, as a company owes her a duty of care (legal responsibility). She may even be able to make a claim for worsening her existing medical condition at the local County Court, ie for psyche injuries. However, the family member cannot just not pay what the CMC is owed. If she cannot pay, the CMC will take her to a County Court for the amount, and as oppressive as it might be, the CMC can force her to pay with a court Order (summary assessment), or threaten her with the bailiffs. So, it's a good idea to negotiate payments now and if or when it gets to court at least the judge will see she's making an effort.

[divineinspiration3]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

I don't think so.

- - - Updated - - -

Being an alcoholic is no defence as such as there are many high functioning alcoholics who hold down good jobs and great responsibility. Were the company aware of the alcohol dependancy and depression?

I don't think so

- - - Updated - - -

They accepted the refund now looking for an excuse to pay was the contract signed in front of a company employee

Not quite sure I understand this post

- - - Updated - - -

Well that sounds like a good way to have spent the money, I hope there is good movement towards recovery now

I'm afraid if the contracts were signed and authority given the amount will need paying. If you tell us who the company is we can have a look at terms and conditions, how the contract was signed etc. If it was clear how much the charge would be and the paperwork was all sent over, completed and returned, then it's unlikely you'd be able to avoid payment. You could write with details of personal circumstances and make a monthly payment offer. The case is already in court though so it is more unlikely you'd succeed with offer and defence as they can just obtain a judgment for the full amount - unless there is something majorly wrong with the terms/contract.

An admission and offer to pay to the court with an income and expenditure sheet could result with a sensible monthly payment.

How long ago was the contract signed also?

Is there any property / assets owned by the defendant ?

Claims Guys

[wales01man]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

I Asked if it was signed in front of a company employee because if not how would the know it was an alcoholic who signed it? Makes quite a bit of difference in law I expect

[charitynjw]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

Being an alcoholic is no defence as such as there are many high functioning alcoholics who hold down good jobs and great responsibility.
But being drunk might be, as long as the contract wasn't subsequently ratified when sober.
Matthews v Baxter 1873
http://www.theodora.com/encyclopedia...inebriety.html
Were the company aware of the alcohol dependancy and depression?
It would also need to be proven that the other party took advantage of the fact.

####

[charitynjw]

Re: Is a contract valid if it's signed by an alcoholic under the influence?

They accepted the refund now looking for an excuse to pay was the contract signed in front of a company employee

That would probably ratify the contract. (See above post).