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Refusal To Accept Payment

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Crossdivided
Established Contributor

Refusal To Accept Payment

Been trying to research this but running into brick walls...

Isn't there something in either the FCRA or Billing Act that states a creditor cannot refuse a payment in full and continue to list it on credit reports (or something along those lines)?
Message 1 of 5
4 REPLIES 4
guiness56
Epic Contributor

Re: Refusal To Accept Payment

The only thing I am aware of is if it is with a CA they do not have to accept payments.  But it doesn't say they have to delete it.

 

Is this an OC or a CA?

Message 2 of 5
Crossdivided
Established Contributor

Re: Refusal To Accept Payment

Thanks for the reply, Guiness.

 

Nevermind the initial question, I finally found it. It wasnt the FCRA or the Billing Act, it was the UCC.

 

Well, I meant a lump sum payment in full, not less-than-full-amount partial payments. And in ANY form. ie, i can see them having a policy of, say, no cash, or no personal checks, etc. But literally no acceptance of PIF by ANY instrument whatsoever. But thats in this particular battle of mine im working on, which is crazy-complicated (things with uncle sam tend to be -sigh-) so ill skip the specifics until i get an air-tight argument put together...just so i dont make an *** of myself on an international forum if im wrong LOL.

 

Aaaaanyway, in general, unless i just havent had enough coffee yet this morning, it would seem payment cannot be refused without discharging the face value of the instrument: "...and the tender is refused, there is discharge, to the extent of the amount of the tender..."

 

Uniform Commercial Code U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 6. DISCHARGE AND PAYMENT § 3-603. TENDER OF PAYMENT.

  • (a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
  • (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
  • (c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

 

 

_________________________________________

 

Some misc info:

 

U.C.C. - ARTICLE 4 - BANK DEPOSITS AND COLLECTIONS

3-104. NEGOTIABLE INSTRUMENT.

"Instrument" means a negotiable instrument.

(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

(e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.

(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."

(g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.

(i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

Message 3 of 5
Henchman21
Frequent Contributor

Re: Refusal To Accept Payment

What is the reason for refusing payment? That's just dumb. Smiley Tongue I wish you the best of luck.

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Message 4 of 5
guiness56
Epic Contributor

Re: Refusal To Accept Payment

When I read that I conclude they are talking about checks, money orders, trraveler checks, etc.  Nothing is said about cash.

 

What was their reason for denial of payment?

Message 5 of 5
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