Collection Agency refused my check marked "payment in full" now threatening me

[ttchwrth]

Pueblo, Colorado

Hi everyone, I would like some advice.

I'm an individual who has shipped with DHL for 2 years. Christmas of 2005 DHL destroyed 35 of my shipments. I refused to pay the invoices, DHL refused to pay any of the claims because I couldn't verify how much "I" paid for the items. I just submitted the claim for how much I sold it for. I figure "worth" is what someone is willing to pay for it. Right? I get my stuff from yard sales and sell it on ebay. So I don't have any receipts.

I've since switched to UPS and have had only 2 damaged shipments in the last year.

So now I receive a call from DHL's collection agency. They offer me a deal to bring my account current. They say I owed them $1200, + collection cost's and attorney's fee's totalling close to $1800 (if it goes to collection, which it hasn't yet). They offer to accept $872 as full satisfaction of my debt. I request that they send me a letter outlining our agreement. They did, I single page letter. So I copied the letter and sent them the copy along with a check marked "Account Paid In Full".

I did this because i've paid off other debt's only to have them reapper from other collection agency's threatening to ruin my credit if I don't pay it again.

So now DHL refuses to cash the check and is threatening to void our agreement if I don't send a check without any terms written on it.

Keep in mind, they offered the full settlement amount of $872. I sent them a check for the full amount of the settlement of $872. Not a partial payment!

I do not want to pay this debt and leave it open ended. However should I send another check or should I refuse.

I'm a little confused with UCC: 3-311 "ACCORD AND SATISFACTION BY USE OF INSTRUMENT"...

That I in good faith tendered an instrument as full satisfaction of the agreed upon debt, that I am released of further responsibility or obligation?

I think I'm done with this. If they refuse to accept the check as full payment it's their problem.

Any advice?

Tiger

[aaron]

They don't have to accept a check with any conditions if they don't want to. Also, paying a reduced amount in settlement of a larger debt is not "payment in full". (It's payment in full of the settlement amount, but not payment in full of the original debt.)

[ttchwrth]

So your saying I have no legal grounds for refusing to send another check and your suggestion would be to send them a new check with no terms attached and hope for the best?

[nomorecrime]

They agreed to let you pay $872.00 keep that agreement they sent you and show a lawyer. I would hate to see you pay the $872.00 and then they start sticking you for the rest.

[nomorecrime]

and be careful sending another check. they may try to pull a fast one on you and cash both of them.

[helpCA]

In California a judge said literally: statements and notation protecting you or claiming full payments mean shit.

[ttchwrth]

Then why don't they just cash the 1st check?

[jk]

Then why don't they just cash the 1st check?

to avoid the arguement you would raise about your notation.