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CREDITWRENCH-TheTruth

This blog is dedicated to illustrating the depths of depravity to debt collectors and their cronies who infest various message boards spewing their spam, insults and filth can and do sink. They will stop at nothing to berate others while trying to elevate their own perceived worth.

Monday, February 28, 2005

The truth shall set ye free part iv

CREDITWRENCH proves Normie wrong again


First we need a very short course on definitions so that we know exactly what was/is being discussed. First we look at the definition of ACCORD & SATISFACTION



The meaning of the term novation is here.


Next we go here and put in the term "Accord" and what we find is that ACCORD & SATISFACTION comes up and gives a reference to the term "NOVATION" so we go there and we find the same definition as above and a reference to "ACCORD & SATISFACTION" but nowhere do we find any separate term for the word "ACCORD" in legal definition so now we know that the supposed definition of the word "accord" as given by Normie is nothing more than false and misleading information as usual. Nothing but the mindless braying of a jackass.

Once again proving that Normie is a prevaricator whose word can be trusted for nothing at all. The rest of his braying is below if anyone is interested.


CREDITWRENCH and legal terms

In a discussion this past July, CREDITWRENCH CEO Bill Bauer stated "sometimes the accord and satisfaction is also known as a novation." Not at all true!

An accord is an agreement by parties bound to a contract to allow a change of performance required under the contract, but does not extinguish the original contract.

For example: Say you took out a loan of $3000 and agreed to repay it in monthly payments of $300. At a later point in time you are unable to pay $300, but you can pay $150. If the creditor
agrees now to take monthy payments of $150, that is an accord. If you continue to pay the $150 until the total amount payable is paid back, you then have satisfied the accord. Hence the term "accord and satisfaction".

An accord itself is an enforceable contract. And, if you fail to live up to the terms of the accord the creditor can choose to enforce either the original contract or the accord; it's their choice. However, as long as you live up to the terms of the accord, the original contract is not enforceable.

A novation, on the other hand, completely replaces and extinguishes an original agreement. If the terms of the new agreement aren't met, only the terms of the new agreement can be enforced. There is no way the orginal contract can ever be enforced once a novation takes place.

CREDITWRENCH CEO Bill Bauer stating that an accord and satisfaction is sometimes called a novation is false and misleading.