Paid or settled accounts, I've read the "Nutcase" "Estoppel" and "Knockout" letters just wondering if anybody ever tried a Breach of Contract approach. The contract is verbal. You pay or settle because they say they will remove the negative account from your CR. They don't remove and that is the breach. Okay to have a Breach of Contract you must have the following 1.Contract formation 2.Performance 3.Breach 4.Damages Now the hardest thing I have to do is prove that I have Contract formation. That of course is because it is verbal. I have read that you need to prove you have an enforcable oral contract and this can be "implied from the circumstances." I also have read that an oral contract could be proven by "what a reasonable person in the position of each party would be led to believe." I think a reasonable person would believe what I did. If you had a jury trial I think you could make a good case. I figured somebody must have tried this or thought of it before. Am I off my rocker? Or is it feasable along the same head scratching methods of "Nutcase" . Mike
Thanks Bill. I actually know an excellent contract attorney, and was going to speak to him about this approach. I really don't like the file suit and see philosophy. I like to win. Like I told you before I want something with "teeth" that will stir these people up. I want to find something with some sort of legal footing incase my letter reaches an informed person at the OC or CA. They can't all be nimwits or can they? Your input is always appreciated. Mike
