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accord and satisfaction

Date: Mon, 04/17/2006 - 17:07

Submitted by anonymous
on Mon, 04/17/2006 - 17:07

Posts: 202330 Credits: [Donate]

Total Replies: 3


I sent a letter to Juniper bank clearly explaining what the enclosed check was for, and wrote on the check paid in full, accord and satisfaction and my account number. They cashed the check, but now claim I wasn't authorized to do any settlement. They won't return the payment, saying federal law requires them to cash checks on outstanding balances. Is any of this true? I had sent a billing error letter in September that they never responded to.


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?


lrhall41

Submitted by TMD on Tue, 04/25/2006 - 15:43

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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?


lrhall41

Submitted by singin on Wed, 11/29/2006 - 08:30

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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


lrhall41

Submitted by on Sun, 05/24/2009 - 23:37

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