In light of your default status in the above-mentioned case, the upcoming ‘prove-up’ hearing, your request to vacate, and my opposition to it. This seems like the right opportunity to give you and your client the benefit of a reality check regarding this lawsuit. Accordingly, this letter sets forth my analysis of my case thus far, and the range of potential damages that can happen. I do encourage you to share this letter with the proper executives at Discover Bank. I welcome any comments you may have based on the evidence.
Default Judgement
Your recently submitted request to vacate the default, if granted, will only afford you more time to possibly figure out how to overcome the mounds of evidence against you in this case. I encourage
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Your insignificant claim that an obligation exists by me, a made up liability where I owe money to Discover Bank. This is what you are left with, a ridiculous claim that we all know is not true (including the Judge). Not one piece of evidence submitted proves my supposed obligation to Discover Bank. For the simple reason that it does not exist.
Causing further issue, Discover Bank simply admits their credit cards are unsecured debt. We do not need their admission as it is widely known, but we have direct evidence out of the bank’s mouth already, without formal discovery even being effectuated yet. Looking at this particular evidence, nowhere on their web page explaining unsecured debt, does it state ‘we will sue you’, ’seize your assets’ or ‘garnish wages’ to recover their potential losses in lending unsecured debt. In fact, it states the exact opposite. Admitting to the provisions put into place that actually allow them to issue unsecured debt in the first place. Backing my testimony exactly, where my father who issued over $60 Billion of it into society, a genuine expert on the topic, has said the exact same. Therefore, I agree with Discover Bank when they are selling their credit cards to the public, when they are telling the
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Avoid a permanent injunction barring you and Discover from suing further on unsecured debt.
Avoid a landmark ruling that would essentially kill this newly-created market of income.
Avoid a ruling that could pave the way for class actions and/or thousands to potentially sue on similar factual-grounds.
Avoid being the focal point of a documentary studying and exposing White-collar crime.
Avoid Suttell, Hammer, & White having to figure out a different focus of law to stay functional.
Avoid the unnecessary time and expenses associated with a lawsuit.
In order to facilitate an early resolution, we can settle this lawsuit against you for no less than $25 Million. Discover Bank can afford to pay just 4 days profit for their illegitimate action against me and the resulting damages. In return, both your firm and Discover Bank can avoid the above potential pitfalls, and I will sign an agreement not to sue or agitate this situation further against you or your client/partner. Personally, and executives at Discover Bank, if honest, would agree. This would be a massive win for them considering the facts, not even a slap on the wrist, more like a
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.
Lord Browne-Wilkinson’s judgment in this case is one of much controversy that we will analyse in this essay. The principle laid down by Lord Browne-Wilkinson for the need for causative links between the breach of trust and the loss suffered was then applied in AIB Group (UK) Plc v Mark Redler & Co Solicitors where the solicitor had similarly breached the trust. Pro-Target Target had given a sum of money to Redfern (solicitors) to hold on bare trust until Crowngate had completed the purchase of a property and executed the mortgage. However, Redfern had instead, breached the trust and gave the money to another company, Mirage, by writing to Target to falsely inform them that the purchase had gone through and the mortgage had been executed.
As Wells Fargo convicted all the requirements of fraud they are involved to the business crime called fraud, they are liable to their fraud crime. There was a false statement which respectively conducted to the injury to the alleged victim as a result. Wells Fargo has been ordered to pay $185 million in fines, but that's a pittance compared with the $5.6 billion the bank earned in just the second quarter of this year. Meanwhile, the bank's victims weren't just nickel-and-dimed with overdraft and maintenance fees. Many of them took "significant hits" to their credit scores for not staying current on accounts they did not even know about. They will likely have difficulty securing home and car loans at reasonable rates for years to come, simply because their bank decided to defraud
TD has established a formal process for taking care of complaints and has solicited effective feedback measure by phone and online. These procedures were all accomplished by the newly founded Ombudsman office which is an independent body internally in charge with specifically reviewing customer complaints. The goal for this office is to alleviate the communication process between customers and other facets of the TD Bank Group in Canada such as TD Finance and TD Wealth (Office of the Ombudsman, n.d.). Customer service from TD is one of the multitude of competitive advantages that it has and it is because of the effectiveness of these recent implemented measures that look fairly
The issue in this case was whether California and Hawaiian Sugar Company could recover the liquidated damages from Sun Ship. Where there is a contract between the parties for liquidated damages and d there were no misrepresentations or unfair dealing in creating the contract,
One year ago, on September 8, 2016 the Consumer Financial Protection Bureau(CFPB), the Los Angeles City Attorney and the Office of the Comptroller of the Currency (OCC) fined Wells Fargo Bank $185 million, alleging that more than 2 million bank accounts or credit cards were opened or applied for without customers' knowledge or permission between May 2011 and July 2015. This essay will discuss the Wells Fargo scandal by explaining how the event happened and describing how the organization approached handling a response to the crisis. This will be seen, firstly by describing the how the scandal happened, and what were the causes, secondly by discussing the reaction of the company in front of the situation, how they dealt with the crisis and then
For Chase bank the mission and vision should always be clear to their customers. "At JPMorgan Ch...
Banks exist to provide people with financial security. Banks accounts allow for people to store money for saving and investing purposes. People give their money to banks in hopes that the bank will take care of their money. However, history has shown as that banks cannot be completely trusted. For example, in the days of the Great Depression. During the years of President Roosevelt’s tenure, he attempted to make it easier for people to trust banks. Still, many years later, banks cannot be completely trusted. In 2008, the financial crisis was the worst since the Great Depression, and it stemmed primarily from banks’ abuse of people. Once again, there has been legislation to keep banks from abusing
I am glad that you are keeping me updated with the status of the case. I have read Provision Optical's response to the complaint and I feel that it is necessary to provide the inquiry committee with additional info to better the investigation. The reason that I am bringing this issue to the attention of COBC is because I believe that this business transaction does not only involve consumer fraud but also violates ethical opticianry services. It is my hope that the success of this case can help prevent other future victims from suffering fraud and unethical services from Provision Optical.
What occurred in this case was an advertising agency requested that its bank to look into the credit value of a third party client. The bank then contacted the third parties bank to gain permission for the information to be freely given. They then asked if the client would be a good credit risk for 100,000 (pounds sterling) and the third parties bank replied that the client “was a respectably constituted company and considered good for its normal business requirements” so after hearing this response the advertising agency went ahead to extend the credit to the client. However, the third parties bank statement was in fact untrue and because of this the agency lost over 17,000 (pounds
During the past year Wells Fargo, a well-recognized bank of the United States, has been trying to clean its name and the mess it got itself into, when it was brought to the public that the bank was involved in generating fraudulent checking and savings accounts for its clients without their knowledge or their authorization. “The way it worked was that employees moved funds from customers' existing accounts into newly-created ones without their knowledge or consent”
ACCC ‘Court orders corrective ads by Commonwealth Bank’ [internet] Dec 10 2003 http://www.accc.gov.au/content/index.phtml/itemId/420894 Accessed 23/9/2009
Numerous amounts of people have financial problems when they get out of high school, so what should the school board do? In 2007, thirty-four out of fifty states have personal finance courses in their curriculum (Bernard 4). A financial literacy course seems to be what a majority of states are doing. Financial literacy courses have their pros and their cons just like everything else. Financial literacy courses bring up some very important questions.
Bank of America Jimmy Magoufit Florida Atlantic University Company Bank of America was founded in 1904 as Bank of Italy and later changed their name to Bank of America Corporations. Bank of America is well known as the largest financial institution in America that serves consumers, businesses, corporations, and governments. The bank offers numerous and different financial services to its customers, one being mobile banking. Introduced in 2007 by Bank of America, mobile banking was created to appeal to their customers that were always on the move. After launching their mobile app within three years, Bank of America had over four million users signed up and actively using the app.