Was there a written agrrement if the judge denied plaintiff their account stated?

[My~Cuz~n~Vinny~]

This was a creditcard case. Their second count  "account stated" was incorporated into the first count "breach  of contract" . They were denied the second count ,denied attorney fees, and accrued interest six months ago

.I noticed most cases on contracts the docket numbers in the cases go from 101.00 to 107.00. Depending on how many claims or motion there were on the case. Mine went on up to like 173.00 or 176.00 because I argued my case.

[shellieh98]

definiton of account stated:

There are three elements of an account stated: (1) There exists prior transactions between the parties, creating a creditor-debtor relationship; (2) An agreement, express or implied, between the parties as to the total amount due; and (3) A promise by the debtor, express or implied, to repay the amount due.

 

So they will say there was an implied consent, meaning you did not object to the balance within a reasonable time frame, therefroe it is implied consent.  They do not need a written signed contract.  But what they do need is to provide you with statements from a zero balance to the current chargeoff.

 

So they could have a written agreement for breach of contract, they are similar but different.  Most creditors will list both, thinking if they can't prove one, they can prove the other. 

most credit card companies have multiple credit card lines, each with its own form of agreement. Over time, those agreements are amended as credit card issuers typically reserve to themselves the right

to change contractual terms at any time and for any reason. In some cases, the amendment takes the form of an entirely new agreement. At other times, it takes the form of an addendum. Sometimes there is an opt-out process that allows the cardholder to decline the new terms by giving some sort of notice to the credit card issuer within a certain period of time. Most of these agreements contain a provision that provides something to the effect of “use of the card constitutes acceptance of the terms of this agreement.”  So they say it doesn't have to be signed, use of the card is your signature.

 

 

They would need to provide the cardmember agreement, any updates after the account was in effect that changed the agreement. (they are lucky to find one around the same year you opened the account, much less any updated terms)  What ever is in your card member agreement should be what is binding.  So if you have arbitration clauses, you should be able to go to arbitration, if you have a clause that says another state governs the contract, you should be able to use that other states statues of limitations, etc.

[My~Cuz~n~Vinny~]

shellieh98

Thank You!

[BV80]

The cardmember agreement that applies to the account is the one that was in effect when you defaulted.   That agreement contains any amendments to the original agreement.  

[My~Cuz~n~Vinny~]

Thanks BV80 !

[shellieh98]

Yes,and I meant addendum's to the card member agreement.

[Rookie]

In my case, the card agreement they sent me was a very dated copy of an agreement. It had a Revised date of 2001. 

The statements they sent me were from the end of 2009 through the end of 2010. 

I have no idea when the alleged account was opened. 

 

Also, the card agreement is from MBNA America Bank, N.A. 

In the Complaint they state that B of A/FIA Card Services, N.A assigned defendant's account to the Plaintiff (JDB). Nothing references MBNA America. 

I googled it and discovered BofA acquired MBNA America in 2006. 

 

Should I ask the Plaintiff to furnish all revisions of the agreement since the account was opened until the apparent default? 

[My~Cuz~n~Vinny~]

Should I ask the Plaintiff to furnish all revisions of the agreement since the account was opened until the apparent default?

 

 

 

Yeah. Exactly rookie. Only I would ask for a specific date of any amendment on the account.. I never saw this agreement with contractual language.Nor any agreement for that matter. I'll bet their home state does not allow the export of any thing but interest.

Let alone an imaginary agreements with language about their State law on exportation of contract. All there is , is a verbal agreement to pay.  Do they have the recording of the verbal legal language stated by the employee when the subject account was opened? What did the language say? You never got to view it. You have no outstanding debt. Nor did you incur any.

[shellieh98]

In my case, the card agreement they sent me was a very dated copy of an agreement. It had a Revised date of 2001. 

The statements they sent me were from the end of 2009 through the end of 2010. 

I have no idea when the alleged account was opened. 

 

Also, the card agreement is from MBNA America Bank, N.A. 

In the Complaint they state that B of A/FIA Card Services, N.A assigned defendant's account to the Plaintiff (JDB). Nothing references MBNA America. 

I googled it and discovered BofA acquired MBNA America in 2006. 

 

Should I ask the Plaintiff to furnish all revisions of the agreement since the account was opened until the apparent default?

I'll go look at your thread, but it depends on the cause of action.

[Rookie]

@shellieh98

Cause of action:

Common Counts (They did not check breach of contract)

Open book account on account stated

Money paid, laid out and expended...

[shellieh98]

open book, money paid, laid out and expended are all reasons for a BOP, account stated is not. But lets address it in your thread.