contract offer

[boater99]

I offered a car rental agency part payment for some minor damage. I excluded their charge for loss of use. Offer was in writing and check was endorsed "in full payment of ..."
They cashed the check with no response to offer. Now they turned me over to collection agency. What should I do??

 

[I AM ALWAYS LIABLE]

What should I do??

My response:

You should learn to follow directions and instructions before posting to these boards - - that's what you should do.

IAAL

 

[boater99]

Thanks for the free advice. Did I fail to mention that I'm from Washington? or what other sin did I commit?

 

[JasonRT]

boater99,

Well you also posted a credit/collections problem inside the small claims forum...but I'll answer your question anyway.

The check you sent them is binding on them as to full payment unless they had an agreement that checks marked "Payment in Full" do not necessarily constitute full payment (as in credit card agreements).

As I've never heard of a car rental company doing this as part of their rental contract you should write them a certified letter along with a copy of your canceled check. If they do not close the account, file a lawsuit against them.


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