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Enforcing Conditional Acceptance Letter

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I sent the letter below along with check for payment (which I cross referenced to the letter) to MBNA back in 9/2006. I recently sent a letter reminding them of their acceptance of the terms of the letter by their performance (i.e. cashing the check) and asked them to honor their obligation by directing the CRAs to remove the negative history. They responded by changing the designation to "Pays as Agreed" and put in the comments section "Settlement accepted on this account". They also did not remove the negative history. I am going to write them a little more forceful letter, but was wondering whether anyone here has sued a creditor for breaching the terms of this type of letter, and if so, what was the outcome?

September 27, 2006

RE: MBNA Account Number _______________________



1000 Samoset Drive

Wilmington, DE 19884-2231

Attn: Past Due Payments

Attention: Past Due Payments

Dear Madam or Sir,

Please find enclosed with this letter a check number XXXX drawn on the _________ bank account of ___________ (“Debtor”), in the amount of One Thousand Seven Hundred Eighty Four and 39/100 Dollars ($1,784.39) (the “Settlement”) paid in full satisfaction of MBNA (“Creditor”) credit card account number ________________ (the “Account”). Debtor’s payment of and Creditor’s acceptance of the Settlement is expressly conditioned upon Creditor’s agreement to direct Equifax, Experian and TransUnion to remove all negative entries related to the Account and to designate said Account as “Paid as Agreed”. This letter shall encompass the entire agreement of Debtor and Creditor regarding the Account.


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The laws regarding conditional endorsements vary from state to state. For example, here in Michigan, they're not enforceable. However, the creditor may not realize that, so it wouldn't stop me from trying it.

Did you actually write anything on the check itself, or just an accompanying letter?

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