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Originally Posted by Greg 2
Background-I disputed the balance of an account with a CC company, and recieved no reply. Notice of default was sent with instructions on how to cure the default, again, no reply. Both items sent to proper address, registered and return reciept requested-[returned with signature]. I sent a check for the final payment-the amount according to my records, with the notation on front and back [in addition to a sticky note]..."for satisfaction and accord of account # XXXX-XXXX"{as per the UCC}
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Greg 2 - there's been some discussion about these issues before in other threads, but to make a long story short, the payment processing center (lock box company) doesn't have someone reading what you write on the check and a sticky note accompanying it would be stripped off and thrown away. Thousands of checks go through those highly-automated places every minute of the day.
Secondly, there's plenty of case law that negates anything you write on the check as some kind of forced agreement upon the recipient/creditor.
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Originally Posted by Greg 2
Possible problem-The check cleared my bank, and when I went to get a copy of the check, they stated it was an ACH transaction, and provided me with a paper listing the information about the transaction, and stated the check was destroyed by the payee after it cleared my bank.
My concern is that without a copy of the check, the only proof of the 'Satifaction and Accord" statement I placed on the check rests with the 'carbon copy' in my checkbook.
Is this something for me to be concerned about, or is my 6 sufficently covered with the other letters?
Comments welcomed.
Greg 2
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There will be a computerized image of the check that can be produced, however, again - nothing you write on it has the effect of obligating the endorser to anything.
Also, notifying them that they are "in default" is meaningless unless you proceed with a lawsuit and get a court to agree with you that they owe you something. Since their agreements are so one sided in their favor, it is highly unlikely there is a circumstance under which they can default.