Peter Palmer said:There isn't much to debate, but technically you aren't suing to invalidate just the currency clause—you're going after the entire contract. You know how the law works; if you change the order of three words, suddenly everyone has a different interpretation.
By the way, that class-action ruling (the reason why every lawsuit claiming a specific provision is invalid is basically a slam dunk) was about the INVALIDITY OF THE PROVISION, not the invalidity of the entire contract.
So, there’s no guarantee you can claim the whole contract is void because of the VK or the interest rates (even if common sense tells you it should be)... nor is there anything in the class-action precedent to back that up. That contract will only be declared void if a judge decides it is. This type of lawsuit isn't nearly as certain as the ones targeting the specific provision itself.
Look, I'm interested too, but I can say with pretty high certainty that the lawyer is talking absolute nonsense here.
🤦 Fine... where did I ever claim I was suing specifically for the invalidity of the currency clause?
I’ve been saying all along that I’m suing to void the whole contract 🍿 ...it was a rhetorical question and I have no desire to keep arguing about it...
At the end of the day, this kind of lawsuit isn't for everyone. It doesn't make financial sense for every single person; it really comes down to sitting with your attorney and deciding what makes sense for your specific situation. I closed my loan before the conversion, so for me, it's worth it... it's a matter of personal judgment.
Peter Palmer said:There isn't much to debate, but technically you aren't suing to invalidate just the currency clause—you're going after the entire contract. You know how the law works; if you change the order of three words, suddenly everyone has a different interpretation.
By the way, that class-action ruling (the reason why every lawsuit claiming a specific provision is invalid is basically a slam dunk) was about the INVALIDITY OF THE PROVISION, not the invalidity of the entire contract.
So, there’s no guarantee you can claim the whole contract is void because of the VK or the interest rates (even if common sense tells you it should be)... nor is there anything in the class-action precedent to back that up. That contract will only be declared void if a judge decides it is. This type of lawsuit isn't nearly as certain as the ones targeting the specific provision itself.
Look, I'm interested too, but I can say with pretty high certainty that the lawyer is talking absolute nonsense here.
I don't understand why you're lecturing me about it not being "certain."
Did I ever say this was a guaranteed win?
Of course nothing in life is a certainty, especially when dealing with the American court system, but if you don't fight, you won't get anything...🤔
It feels like we're speaking the same language here, yet you're accusing me of things I never actually said...🤔
Whatever. In the end... my support goes out to anyone choosing to take legal action...🎉 🎉
