accord and satisfaction
Date: Mon, 04/17/2006 - 17:07
Pete, I think you may have to check back in your original contra
Pete, I think you may have to check back in your original contract, sometimes they put clauses in there to prevent you from using that tactic to do a settlement on your own. As far as them cashing the check...if you owed them and sent them a check, I am sure it was legal for them to cash it, and they are probably not required to return the money. Maybe you can consult an attorney. Is there part of the story I am missing? What type of billing error?
accord and satisfaction
I sent a billing error notice because I was out of the country for about a year without statements, but used a 3rd party to pay them on time. When I returned, the amount they said I owed surprised me. So, in accordance with their rules, I sent the letter to the dispute office. They ignored me, so I sent another reminder. ignored again. So, since I had no basis for a true amount owed, i sent the A&S letter and clearly marked it on the check as such. Now, when I look at the TN law about this, they say that they have 90 days to return a check if they aren't in agreement, but could send a 1099 for the balance. OK i can live with that. They have ignored federal law all along the way, so this doesn't surprise me. I also don't see any language that says I can't do an A&S in the contract. I think the law is on my side, but now we are being sued. What good is a law if they can violate it at will?
BAnk letter
need to request a letter from my bank about my account , saying that its a good satisfaction account etc. for me to submit to the sons university