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Accord and Satisfaction


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I sent an accord and satisfaction letter to a CA via CMRR stateing the following below. I followed over 30 days later with the restrictive endorsed check and two pages recapping accord and satisfaction. They cashed the check. Thirty days later I sent them another certified mail letter recapping the agreement which is allowed in Texas demanding they follow the terms. I then disoputed with the CRA's twice. This started in February.

The CA has not repsonded to any of my CMRR letters, cashed the restrictive ednorsed check, did not follow the terms of the agreement, failed to remove with the CRA's did not return my money as required within 90 days if they disagreed.

What should I do, sue them, send them an ITS letter?

Your company is showing a collection account number #A200 for $694.41.

This account was not paid because I disputed the account, the amount and its validity. At this time I do not agree that this account is indeed mine. In addition, the account has also exceeded the Texas Statute of Limitations and is therefore uncollectible. However, I would like to resolve it by accord and satisfaction under UCC § 3.311 in the interest of having the account deleted from my credit report.

I am willing to settle the account in the amount of $694.41 dollars. This is not a renewed promise to pay but rather a restricted settlement offer only. By accepting this agreement in writing, you hereby agree that this account is paid in full without protest and that you will remove this account with each credit bureau that you submit to. Your accepting of this offer constitutes you have agreed to my settlement terms. No further collection activity may be attempted and my credit reports will reflect this change within 30 days.

This is not a renewed promise to pay but rather a settlement offer only. This full payment is binding by acceptance of the funds and will be void should you not hold up to your end of the agreement. Unless you notify in writing within 15 days. I will send a restrictive endorsement check in the amount of $694.41 for settlement in accord and satisfaction under article UCC § 3.311.

Note: On four occasions I have attempted settling this dispute prior to this offer, which validates this final offer under the article above and in accordance with Texas law.

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