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credit card "account stated" - Google Scholar

Good Wisconsin decision involving banks not having all the records

¶ 15 Finally, the Banks argue the Estate's interpretation is absurd because it allows the Banks' customers — especially longstanding customers with higher balances — to escape their obligations when the Banks purge old records. However, this interpretation is no less absurd than the Banks' proposition that they must retain almost no records at all. We also note that the length of time the Banks retain records is within the Banks' control, as is the Banks' method of payment allocation.[4] We see nothing absurd about requiring the Banks to retain the records of charges for which they wish to collect payment. On remand, the court shall disallow all claims by the Banks based on transactions not shown on the records submitted by the Banks.

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credit card "account stated" - Google Scholar

Wsashington, Discover Bank overturned on account stated,

To establish a claim, Discover Bank had to show that the Bridges mutually assented to a contract by accepting the cardmember agreement and personally acknowledged their account. Discover Bank's pleadings disclose neither a signed agreement between Discover Bank and the Bridges nor detailed, itemized proof of the Bridges' card usage. Nor do they show that the Bridges acknowledged the debt, for example, through evidence of cancelled checks or online payment documentation. The record contains only monthly statements summarizing the Bridges' alleged account balance and payments purportedly made thereon and affidavits from DFS employees, who were familiar with the Bridges' purported account records.

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credit card "account stated" - Google Scholar

United VA Bank loses on appeal

In her appeal the appellant pro se contends the trial court erred in granting summary judgment based on the motion, affidavit and exhibits submitted by the appellee. She argues that these pleadings failed to establish that as a matter of law appellant was entitled to the money judgment. This Court agrees and must reverse and remand for the following reasons.

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credit card "account stated" - Google Scholar

Use and Acceptance in Ohio

Under Ohio law, a cardholder becomes liable for charges made on a credit card by using the credit card itself. Chase Bank USA v. Lopes, 8th Dist. No. 91480, 2008-Ohio-6000, 2008 WL 4950985, at ¶ 10. A cardholder's use of a credit card subjects him to a binding contract, which is governed by the terms of the credit-card agreement. Am. Express v. Silverman, 10th Dist. No. 06AP-338, 2006-Ohio-6374, 2006 WL 3491741, at ¶ 9. In Asset Acceptance L.L.C. v. Davis, 5th Dist. No. 2004-CA-00054, 2004-Ohio-6967, 2004 WL 2940747, at ¶ 48, 31*31 the Fifth District Court of Appeals held that a creditor need not produce a signed credit-card application to prove the existence of a legally binding agreement because the credit-card agreement created one. The court therefore concludes that plaintiff did not need to produce a signed copy of the card agreement to prove it had a legally binding contract with defendant.

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credit card "account stated" - Google Scholar

JDB loses on assignment in Texas

LVNV prayed for $5,858.13 as the balance due, for attorney's fees and costs, and for any other appropriate relief. The affidavit attached to the original petition sponsors an exhibit attached apparently for the sole purpose of showing the number "$5858.13."[2] The exhibit consists of a half page of computerized gibberish, in which the word "CITI-SEARS" appears once.

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credit card "account stated" - Google Scholar

Velocity loses in NY: excerpt

As part of its prima facie proof, Velocity had to prove Discover assigned McCaffrey's account to Velocity. 6A NY Jur2d Assignments §87. No such proof has been provided.

As part of its prima facie proof, Velocity had to establish it provided McCaffrey with notice of the assignment of the debt. TPZ Corp. v. Dabbs, 25 AD3d 787 (2nd Dept. 2006); Caprara v. Charles Court Assocs., 216 AD2d 722 (3rd Dept. 1995); and 6A NY Jur2d Assignments §56. No such proof has been offered.

To establish its breach of contract action, Velocity was required to establish the issuance of a credit card by Discover to McCaffrey, McCaffrey's use of the card and McCaffrey's default in payment. Feder v. Fortunoff, Inc., 114 AD2d 399 (2nd Dept. 1985); and Empire National Bank v. Monahan, 82 Misc 2d 808 (Co.Ct. Rockland Co. 1975). Velocity has not presented any evidence establishing Discover had issued a credit card to McCaffrey, the balance due on the credit card or McCaffrey's default in payment. Velocity has failed to provide the court with a copy of the credit card agreement or a statement issued by Discover to McCaffrey. Citibank (South Dakota) N.A. v. Sablic, 55 AD3d 651 (2nd Dept 2008); and Brower v. Gateway 2000, Inc., 246 AD2d 246 (1st Dept. 1998).

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UNIFUND CCR PARTNERS v. Dover, NC: Court of Appeals 2009

credit card "account stated" - Google Scholar

Unifund loses one on the paperwork in North Carolina

A bill of sale in the Record on Appeal shows that Plaintiff purchased the rights to some of Chase Bank's credit card accounts effective 23 February 2007. The bill of sale assigned to Plaintiff "all rights, title and interest of [Chase Bank] in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes." Plaintiff alleges that it acquired the rights to Defendant's Visa account via this transaction. However, "Exhibit 1" is not included in the Record on Appeal, and the bill of sale makes no reference to Defendant's alleged Visa account.

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United States Court of Appeals,Third Circuit.

Darwin LESHER v. LAW OFFICES OF MITCHELL N. KAY, PC; Mitchell N. Kay Law Offices of Mitchell N. Kay, PC, Appellant.

No. 10–3194.

Argued April 13, 2011. -- June 21, 2011

Collection letters from attorneys violate § 1692e(3) and (10) if an actual attorney was not meaningfully involved in the decision to send the letters.

The District Court awarded Lesher $1,000 in damages. (15 U.S.C. § 1692k(a)(2)(A))

Kay Law Firm Appealed and lost:

"The attorney letter implies that the attorney has reached a considered, professional judgment that the debtor is delinquent and is a candidate for legal action. And the letter also implies that the attorney has some personal involvement in the decision to send the letter. Thus, if a debt collector (attorney or otherwise) wants to take advantage of the special connotation of the word “attorney” in the minds of delinquent consumer debtors to better effect collection of the debt, the debt collector should at least ensure that an attorney has become professionally involved in the debtor's file. Any other result would sanction the wholesale licensing of an attorney's name for commercial purposes, in derogation of professional standards"

"Although the Majority claims to eschew deciding whether a law firm can ever be clear enough in a disclaimer to overcome the effect of sending out a debt collection notice on law firm letterhead, the practical effect here is clear. Law firms take an extraordinary risk in sending a collection letter, no matter how conciliatory or how plain their prose."

FindLaw

Edited by ☠2JDC

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