MBNA - I WON CASE DISMISSED

[SA Gold]

Re: MBNA - I WON CASE DISMISSED

Result

[jackreacher]

Re: MBNA - I WON CASE DISMISSED

I think the important bit was that I managed to convince the judge it was a bilateral agreement.... I would pay in line with the repayment plan and in return they promised me they would not default/ terminate my agreement. I argued what would be the point of entering into a new contract unless it had some benefits for me? He agreed.

After my arguments; He also ruled they breached the new agreement first, about a year later I breached it by stopping payment altogether (while the DCA proved they were entitled to my money). , but the judge ruled it did not matter as the creditor had breached first. "the second breach did not cancel out the first".

normally the Estoppel will not work if you have stopped paying at any time..

I will apply for the transcription tomorrow, not sure how long it will take or how much or if I can afford it..lol

if anyone knows , let me know.

Regards Jack

[Undercover Elsa]

Re: MBNA - I WON CASE DISMISSED

Estoppel can mean different things in different circumstances. In this context, it invokes the principle that prevents someone from claiming or denying something in court that contradicts what has already been established as fact.
Simpler?: You made your bed, now lie on it.

“Where by his words or conduct one party to a transaction makes to the other a clear and unequivocal promise or assurance which is intended to affect the legal relations between them (whether contractual or otherwise), or was reasonably understood by the other party to have that effect, and, before it is withdrawn, the other party acts upon it, altering his or her position so that it would be inequitable to permit the first party to withdraw the promise, the party making the promise or assurance will not be permitted to act inconsistently with it.”

Snell's Equity (31st Edition) 10-08

http://www.insitelawmagazine.com/ch15Waiver.htm

[jackreacher]

Re: MBNA - I WON CASE DISMISSED

Estoppel can mean different things in different circumstances. In this context, it invokes the principle that prevents someone from claiming or denying something in court that contradicts what has already been established as fact.
Simpler?: You made your bed, now lie on it.


http://www.insitelawmagazine.com/ch15Waiver.htm

You made your bed, now lie on it. Thats pretty much what I said. No legalese from me..to thick.

Just to prove it, How do I say thankyou to people? I see we all have thanks received and I have definitely given thanks before! Where is the button..lol

Jack

[cymruambyth]

Re: MBNA - I WON CASE DISMISSED

It's the bottom left of any post, there is a little thumbs up and thanks. I'm sure someone more competent will follow with a screen shot!