by angella » Fri Jul 06, 2007 12:03:15 PM
So...
if you acknowledge that it being in the bank, rather than in "cash" form does not negate its existence.
if you acknowledge that it is simply a means of facilitating barter... in other words, obtaining goods and services;
if, through the attainment of that loan, Mr. Dempsey received either cash or goods and services, as was the intent;
then how is it that Mr. Dempsey's premise that the cash doesn't exist therefore he doesn't actually owe the banks any money hold true?
Further, his claim that the bank is not harmed is false. They pay interest to the people who give them the money to hold. They pay even higher interest to the bank of Canada for the funds they do not hold in their facility. They are, therefore, damaged by his lack of payment.
Your "litigation specialist" clearly doesn't understand the nature of contracts as he doesn't seem to realize that an "agreement" IS a "contract". Further, his credit must be shot, cause he doesn't realize that credit card applications state that, should you be approved for a card you agree to abide by the terms and conditions. The terms and conditions are provided to you with the card, along with the stipulation that by signing and using the card you requested and they sent in response to that request, you are agreeing to abide by the terms and conditions provided. Further he doesn't realize that many of the credit card slips you sign also contain a promise to pay the card issuer.
He doesn't realize that loans contracts are signed by you and the lending officer acting as an authorized agent for the bank.
Your "litigation specialist" doesn't realize that contracts are generally written, not because oral
"agreements" are not legal contracts, but because written contracts make it easier to prove the terms and conditions of the contract.