Accord & Satisfaction??

Discussion in 'Credit Talk' started by Christi, Feb 2, 2002.

  1. Christi

    Christi Well-Known Member

  2. Tuit

    Tuit Well-Known Member

    Dec 31st I sent full payment to cc with Westcap's endorsement on the back. Jan 29th cc cashed it, I thought it worked but yesterday I got an invoice, they want Jan interest? I am going to check my CR and if it's not removed (had three late pays) then I guess I have to sue. If they have removed it from my report then I will just pay the extra interest and be happy. Will let you know what happens.
    Tuit
     
  3. Christi

    Christi Well-Known Member

    Please do, I'm wondering if this will work? I'm not doing anything yet until the court dates are set or we settle, then I will work on what I have remaining.
     
  4. Tuit

    Tuit Well-Known Member

    In theory it should. By cashing the check they agree to the new terms of the agreement, otherwise, the check is void and they must return it. I paid the invoice in full so they should not be charging for another months interest, just checked CR the lates are still there so I guess monday I will call and ask them to correct it to paid in full/never late. Hope they don't give me too much trouble, but I expect they will, nothing is ever easy. LOL
    Tuit
     
  5. mike101

    mike101 Well-Known Member

    I would be interested in hearing about any success anyone has had using this method. Without naming names I have an account with a well known Delaware based cc company who are famous for their less than above board tactics.
     
  6. mike101

    mike101 Well-Known Member

    For anyone interested in trying this with a Delaware based company. I did a little checking and see that Delaware is a state that allows the creditor to cash the check "under protest" thus negating the accord & satisfaction.
     
  7. charlieslex

    charlieslex Well-Known Member

    Is the Delaware CC Cap 1 or Providian? Please say yes. On the Accord and Satisfaction (Notice of Final Payment) letter there is a Demand for Deposit letter that can be sent before the other to meet certain states requirements. Charlie
     
  8. mike101

    mike101 Well-Known Member

    Yes, ccb, but as that is a Delaware based bank the A & S probably would do you no good as they can void it and cash the check.

    Demand for Deposit not familar with this, what is it?
     
  9. Marie

    Marie Well-Known Member

    this is not my area of expertise... but I did read that if you mail the payment to the regular payment address (where it's automated) then the creditor has a defense.

    You have to send it somewhere someone will actually have the oppy to see and read the endorsement... I read.
     
  10. betacredit

    betacredit Well-Known Member

    CCB has an office in Boca Raton, FL. It is their correspondence department. The company is a subsidiary who services the CCB accounts. The companies name is Applied Card Systems. I am not sure what the address is. They also have a street address. It's in the Blue Lake office complex on Yamato Road in Boca Raton, FL.

    I'll try to find out, if I can't, I think you have enough info. to search online.
     

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