cjtx2 Posted August 19, 2018 Author Report Share Posted August 19, 2018 9 minutes ago, BV80 said: Also, the reason the information is being reported is because you breached the contract with the creditor. You're merely trying to avoid the negative ramifications of your action. There are legal ramifications to a breach of contract, and then there are vindictive actions from sleazy furnishers exploiting loopholes to pressure you to settle. I am merely trying to enforce my rights. No more, no less. Negative ramifications, fine, as long as they are legal. 1 minute ago, BV80 said: Finally, I'm not sure any court would agree that the "contract" you suggest is valid. Contracts contain mutual obligations. What is obligation on your part? Contracts must have an offer and consideration to indicate acceptance of the terms. In this case my offer is allowing them to commit defamation, as long as they agree to pay for it. In an adhesion contract, consideration is not required as in regular contracts, but acceptance of the terms is indicated through other actions, which make the contract enforceable. In this case, they can stop reporting new activity to reject the terms. Even though it is not specified, they could also respond directly to me denying acceptance. As long as they can show they took effective steps to reject the terms. But simply engaging in behavior subject to the contract without any form of rejection of the terms indicates agreement. It's exactly like arbitration terms or any other change of terms in a credit card. Most of the times you do not have to call or mail to accept the new terms. You indicate acceptance by continuing to use the card. Otherwise, you have to call, write, etc. to let them know the new terms are not acceptable. You do not go on using the card expecting the new terms will just go away. Quote Link to comment Share on other sites More sharing options...
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