Results 1 to 8 of 8
  1. #1
    Join Date
    Oct 2006
    Posts
    3

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

    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

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

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

    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.)

  3. #3
    Join Date
    Oct 2006
    Posts
    3

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

    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?

  4. #4

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

    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.

  5. #5

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

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

  6. #6
    Join Date
    Oct 2006
    Posts
    10

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

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

  7. #7
    Join Date
    Oct 2006
    Posts
    3

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

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

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

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

    Quote Quoting ttchwrth
    View Post
    Then why don't they just cash the 1st check?
    to avoid the arguement you would raise about your notation.

    1. Sponsored Links
       

Similar Threads

  1. Disqualification: Will Checking "Refused to Work" Get Your Unemployment Benefits Terminated
    By BSalton in forum Employment and Labor
    Replies: 2
    Last Post: 03-03-2011, 12:08 PM
  2. Debt Collectors: Can a Collection Agency Try to Collect a "Debt" if I Wrote "Paid in Full" on a Bill
    By tipper369 in forum Debts and Collections
    Replies: 4
    Last Post: 12-27-2010, 10:02 AM
  3. Towing: Car Towed at Mall for Parking in Poorly Marked "Buffer Zone"
    By wishesarefishes in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 12-02-2010, 12:10 PM
  4. Debt Collectors: Suspicious "Collection Agency"
    By Seejaye in forum Debts and Collections
    Replies: 4
    Last Post: 03-06-2009, 10:36 AM
  5. Compensation and Overtime: Is A Contract Engineer Through An Agency "Exempt" Or "Non-Exempt?"
    By Jules Manson in forum Employment and Labor
    Replies: 1
    Last Post: 12-12-2007, 11:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources