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 Posted: Mon Aug 04, 2008 2:31 pm Subject: Mutual Release |
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Does this relieve me of all my obligations with this PDL as well as mark my account as paid in full? I just wanted to make sure this completely closes my account with them and they won't continue to debit my account. I doesn't give me my overpaid monies back but I guess that's okay as long as I don't have to pay anything else!
Mutual release document:
This mutual release, executed between B&L Marketing and XXX, account number XXX, is intended to effect the elimination of any obligations by either party as hereinafter designated.
Whereas, disputes and differences have arisen between the parties with respect to that certain contract entered into by said parties and executed on August 4, 2008, both parties have agreed to settle said disputes and differences by executing this mutual release.
Whereas, both parties recognize that by the execution of this mutual release, they are relinquishing their legal rights with reference to the herein mentioned disputes and differences, both parties agree that in this consideration of this execution of this mutual release, and for the added consideration of the account being marked as paid in full, each party for his, heirs and assigns, expressly releases the other party, and his heirs and assigns, from all liability for claims and/or demands which may arise from that certain contract referenced herein.
In witness whereof the parties have executed this mutual release on the day and year stated above."""
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thlovely1
Joined: 01 Aug 2008
Posts: 99
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| Posted: Mon Aug 04, 2008 3:45 pm Subject: |
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thats a pretty good yet simple release. and yes it settles the matter. but you are right, no money back
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Life is a journey down a road filled with many twists, truns and forks. the destination is not important... the journey is what makes life precious.
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jj
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Posts: 1054
Location: Washington State Debtcc Points: 8662
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| Posted: Tue Aug 05, 2008 5:36 am Subject: |
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They haven't signed it yet. Should I request that they sign it before I sign it and send it back?
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thlovely1
Joined: 01 Aug 2008
Posts: 99
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| Posted: Tue Aug 05, 2008 5:58 am Subject: reply |
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it is up to you.i would sign it.but keep a copy just in case.
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paulmergel
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| Posted: Tue Aug 05, 2008 8:30 am Subject: |
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if you sign it and send it, add the following below your signature "this document has been executed by me on the assumption that by its tender the maker of the document has signified their agreement. My signature is valid only if a fully executed copy is received within 10 working days"
Then hand write it the last section "this agreement shall be null and void if a fully executed copy is not provided to ________(insert your name) within 10 business days." Then initial your change.
_________________
Life is a journey down a road filled with many twists, truns and forks. the destination is not important... the journey is what makes life precious.
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jj
Moderator
Joined: 24 Oct 2005
Posts: 1054
Location: Washington State Debtcc Points: 8662
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| Posted: Tue Aug 05, 2008 8:36 am Subject: reply |
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jj getting it done.
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paulmergel
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| Posted: Tue Aug 05, 2008 8:51 am Subject: |
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I've received another email from them that states that my "balance has been marked as paid. And as long as there are no returns you will not have any further debits."
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thlovely1
Joined: 01 Aug 2008
Posts: 99
Debtcc Points: 947
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| Posted: Tue Aug 05, 2008 11:50 am Subject: |
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I would still get something in writing.
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wssu91
Joined: 31 Mar 2008
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| Posted: Tue Aug 05, 2008 2:37 pm Subject: |
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I agree, get it as solid as possible. That last statement about as long as there are no returns.. while it may be irrelevant, it still amounts to a condition to their action and one you do not have to agree with.
_________________
Life is a journey down a road filled with many twists, truns and forks. the destination is not important... the journey is what makes life precious.
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jj
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Joined: 24 Oct 2005
Posts: 1054
Location: Washington State Debtcc Points: 8662
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| Posted: Tue Aug 05, 2008 2:40 pm Subject: |
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What do I say?
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thlovely1
Joined: 01 Aug 2008
Posts: 99
Debtcc Points: 947
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| Posted: Tue Aug 05, 2008 2:47 pm Subject: |
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send an email back, with the agreement attached that says" please find attached the proposed mutual release agreement executed by me on ____, 2008. Note that as amended and subsequently approved by me, my execution of the release is contingent upon receipt of a fully executed copy with 10 business days."
I would ignore the email since it implies a condition that is not addressed in the release and therefore is irrelevant. I re-read the release and if they sign if they pretty much do it unconditionally. If they don't sign it you are free to take whatever action you want/can. Offering the release they are essentially acknowledging that you "win"
_________________
Life is a journey down a road filled with many twists, truns and forks. the destination is not important... the journey is what makes life precious.
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jj
Moderator
Joined: 24 Oct 2005
Posts: 1054
Location: Washington State Debtcc Points: 8662
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