cross-posted from: https://linkage.ds8.zone/post/341870

I signed an agreement with a creditor that obligates me to pay them using a bank inside the country. This was fine initially but then I moved out of the country and the acct was closed. Other banks will not open an account for me and the creditor refuses cash. So the creditor is treating me like a non-payer to a quite harsh extent.

I have over-simplified here but I just want to know very generally what the common practices are around the world for contract law situations where someone without much bargaining power signs a contract that obligates them to do something that’s only achievable if other 3rd-parties agree to serve them, and then those other 3rd-parties later refuse.

BTW, I am not interested in advice on situational hacks and angles like “find a friend to pay for you”. I want to know how courts treat the situation when all options have failed. Are people typically held accountable for agreeing to something which relied on actions of others?

(the situation is not in the UK but I am still interested in answers as to how these kinds of situations are dealt with in the UK)

  • HumanPenguinEnglish
    4·
    4 days ago

    Guess as IANAL. But in your described situation in the UK, the contract would still be valid. As you, leaving the nation of its jurisdiction was entirely your choice/responsibility.

    But if the banks closed down, or it was actually choices of the bank/3rd party. Rather than your actions and the bank’s legal jurisdiction. Then the question would require a court to decide unless parties are propared to compromise.

    You will generally find banks in the UK have rules over what type of customers they are allowed to accept. Depending on the banking authority, they are under. (IE investment vs consumer banking). And placing yourself in a situation where you’re failing to meet those rules. Would be considered your responsibility, not the 3rd party/bank. The same would be true of any other 3rd party agreement. Unless the agreement is illegal. (IE legal tender etc) Your ability to qualify is seen as your actions.