3rd&long,
-----I stated, "It was Cashew NV DBA Fair Deal"
You asked. "Was it? Is that how they were legally set up? Or was Fair Deal merely a name with no official standing."
Yes, Joe--that's what it was--whether the DBA was legally filed or not, Cashew NV was clearly doing business as Fair Deal. How could you even ask that?"-----
The reason being that if it was a legal set up, then the accounts belonged to Cashew, not Fair Deal.
This is important in trying to determine legal ownership/responsibility for debts. Though from your perspective, you may see this as splitting hairs.
-----I stated, "5CC bought Fair Deal"
You asked, ""What consideration did Cashew receive?
They do not have to receive tangible property to have received consideration. For example, if they walk away with their reputations reasonably intact, that is "consideration"-----
I absolutely agree.
What I am concerned with is if Cashew was even aware of this transfer. Ie. Did the software company have the legal right to sell the accounts?
Again, if the accounts were not legally sold, then this whole act is illegal and should be remedied. If the accounts were the legal property of the software company, then they are responsible for paying Roo off.
-----"What was their (the software company's) relationship with Cashew with regard to Fair Deal?
You cannot make that statement without knowing these facts."
It's not relevant. Five Card Charlie's has demonstrated they are and were aware that a debt of 86k was to be made to disappear. Their knowledge of that part of the purchase of the entity known as Fair Deal is the relevant matter.
And they did purchase it--for consideration-- no matter how anyone tries to spin it.-----
It is very relevant.
And no one is trying to make Roo's debt disappear. Five Card merely states that it is not their responsibility. The issue is - Where does responsibility for Roo's account lie?
And it may very well lie with Five Card...
Bottom Line - You are looking at the result and saying "This sucks - it is all Five Card's fault".
I prefer to try to determine how things got this way before assigning responsibility. (Given that your conclusion may be the correct one).
Thank you,
Joe
P.S. Roo,
I never stick up for Sting, but your qoute from him is from October, 2000.
At that point, I do not think any of their problems were known.