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MTC with JAMS was Granted by the Court, Plaintiff sent MTC Abritration with AAA


Sgrady
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31 minutes ago, Sgrady said:

trying to have all of my points for court

First, I would quote the language from the 2020 agreement that states using the account implies your acceptance of the terms. 

I could not find case law specific to an agreement being in effect at the time of default.  But perhaps this will help.

“The requisite elements of [a valid contract] include: an offer and an acceptance, consideration, and mutual assent to terms essential to the formation of a contract." Avis Rent A Car Sys., Inc. v. Heilman, 876 So.2d 1111, 1118 (Ala.2003) (quoting Ex parte Grant, 711 So.2d 464, 465 (Ala. 1997), quoting in turn Strength v. Alabama Dep't of Finance, 622 So.2d 1283, 1289 (Ala.1993)).

According to the Alabama Supreme Court, there must be must be mutual assent to the terms of a contract in order for a valid contract to exist.  You did not use the account after December 2019.  At the time the 2020 agreement was issued, the account was in default.  Therefore, according to the language in the 2020 agreement, you could not have accepted and assented to the terms of that agreement.

What is the cause of action in the plaintiff’s complaint?  Is it breach of contract?

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1 hour ago, BV80 said:

First, I would quote the language from the 2020 agreement that states using the account implies your acceptance of the terms. 

I could not find case law specific to an agreement being in effect at the time of default.  But perhaps this will help.

“The requisite elements of [a valid contract] include: an offer and an acceptance, consideration, and mutual assent to terms essential to the formation of a contract." Avis Rent A Car Sys., Inc. v. Heilman, 876 So.2d 1111, 1118 (Ala.2003) (quoting Ex parte Grant, 711 So.2d 464, 465 (Ala. 1997), quoting in turn Strength v. Alabama Dep't of Finance, 622 So.2d 1283, 1289 (Ala.1993)).

According to the Alabama Supreme Court, there must be must be mutual assent to the terms of a contract in order for a valid contract to exist.  You did not use the account after December 2019.  At the time the 2020 agreement was issued, the account was in default.  Therefore, according to the language in the 2020 agreement, you could not have accepted and assented to the terms of that agreement.

What is the cause of action in the plaintiff’s complaint?  Is it breach of contract?

Yes breach of contract. Thank you!!! this helps

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32 minutes ago, Sgrady said:

Yes breach of contract. Thank you!!! this helps

I hope it helps. Use their evidence:  the language in the agreement that was drafted by Discover Bank and the credit card statements that show the last time the account was current and the one that shows when the account went into default.

You said the last activity was 12/2019.  What was that activity?  Was the account still current and in good standing at that point?

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1 hour ago, BV80 said:

I hope it helps. Use their evidence:  the language in the agreement that was drafted by Discover Bank and the credit card statements that show the last time the account was current and the one that shows when the account went into default.

You said the last activity was 12/2019.  What was that activity?  Was the account still current and in good standing at that point?

it was the last payment they received and I will, trying to cover all my bases. 

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