Missouri Disputed Accounted Settlement

State:
Multi-State
Control #:
US-02777BG
Format:
Word; 
Rich Text
Instant download

Description

Parties may agree to a different performance of a contract This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged. In order for there to be an accord and satisfaction, there must be a bona fide dispute; an agreement to settle the dispute; and the performance of the agreement. The parties might settle for less than the amount called for under the contract.
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347.163. Failure to comply with registration requirements, penalty ? no maintenance of action ? validity of contracts ? liability for debts ? causes of action ? activities not constituting transaction of business ? foreign corporations and partnerships ? construction.

The FCBA protects consumers against inaccurate or unwarranted charges. Cardholders have protection against liability for fraudulent charges under FCBA if their credit card details have been compromised in a data breach or if they discover a thief has gained access to their credit details.

If your rights have been violated under the Fair Credit Billing Act, you are entitled to your actual damages, statutory damages up to $5,000, and possibly punitive damages if the creditor has a history of violating other consumers' rights in the same way.

The FCBA applies only to billing errors on ?open-end? accounts, like credit cards and revolving charge accounts. It does not apply to debit card transactions or disputes involving installment contracts with a fixed schedule of payments, like those used to buy cars or furniture.

If a person is authorized to use a card but makes unauthorized purchases with it, those charges are not covered by the Fair Credit Billing Act, and the cardholder is liable for them. Consumers can challenge the results of the lender's investigation within 10 days.

The Act requires creditors to give consumers 60 days to challenge certain disputed charges over $50 such as wrong amounts, inaccurate statements, undelivered or unacceptable goods, and transactions by unauthorized users.

A creditor must conduct a reasonable investigation before it determines that no billing error occurred or that a different billing error occurred from that asserted. In conducting its investigation of an allegation of a billing error, the creditor may reasonably request the consumer's cooperation.

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Missouri Disputed Accounted Settlement