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Cites - Promissory Notes
In order to find Appellant breached a contract with Regions Bank, a contract must first be found to exist. A contract is an obligation which arises from actual agreement of the parties manifested by words, oral or written, or by conduct. Prescott v. Farmers Tel. Co-op, Inc., 335 S.C. 330, 335, 516 S.E.2d 923, 925 (1999); Roberts v. Gaskins, 327 S.C. 478, 483, 486 S.E.2d 771, 773 (Ct. App. 1997).
I love this cite, except for the very last word ... this seems to be the Credit Card companies biggest push toward validity of debt -- USE of the card. My question is, without an original contract/application whatever, showing that we had full disclosure of what they intended, and without actually cahrging slips to show that indeed it was the body purported that used said card for their argument, and, by the way, WHAT is it you GAVE me? Money, credit, consideration .. WHAT? Why won't they answer these questions? And what is the proper way of demaning the court to address these points? As Scott, said in another post, working on this for so long, when D-Day comes, you begin to second guess and question everything -- did I do that right, should I do this? jitters, I guess!
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