"So i began emailing back and forth with the creditor and explained i would send them 160$ by check with the note on the check reading "BY CASHING THIS CHECK YOU AGREE TO FULL AND FINAL SETTLEMENT OF ACCOUNT"

Well, if the creditor sends that offer to you, it's binding. When done the other way around it's just a person making a partial payment on an overdue account. All because the element of "consideration" is integral to any contract.

If this weren't true, anyone making a $100 payment on their $1000 credit card balance could stipulate to the lender, "If you accept this payment, you agree I don't owe you anything further; otherwise, send the $100 back." I don't think so.

Any creditor is going to keep the $100, and then demand the other $900, since you already owe both amounts. Why should a lender gratuitously surrender their rights to the full balance owed without some consideration? However, as a practical matter, rather than have to wait and chase the person down, they may decide to formally surrender their right to part of the balance owing for a speedy partial payment. But the debtor isn't surrendering any property rights in such a situation, only the creditor is.

In this case, one ALWAYS needs a presigned written agreement from the collection agency that such and such a payment is in full and final settlement of the specified account. (Student loans are more complicated.) before sending a single penny. Otherwise, collection agencies will invariably renege and seek the balance with inflated and illegal service charges, legal fees and interest down the road. Collectors are virtually unenforced throughout Canada so they know they can get away with it.

On any given day there are thousands of people who are having a squabble with their cell service provider. It's simply impossible to spend hours conjecturing how to resolve the myriad problems which inevitably develop.

Suffice it to say that any collection agency or their lawyers will try to screw you out of anything and everything they can get if you let them. The word "professional," although Silverthorn applies it to many collection agents, is simply incompatible when applied to the vultures of the financial world. Think about it, "Professional vulture"...... "Professional collection agent." How much sense do those oxymorons make?

Yes, I was referring to Natale. I predict she'll be back in full action by Jan. 13. Too bad it falls on Thursday; it would be far more appropriate if it fell on Friday.

Are you referring to the same Deanna Natale who's currently facing a discipline hearing on charges of professional misconduct?
http://www.collection-calls.ca/natale-homepage.html

I thought her law firm only went after large sums of debt :S

Actually.. i wonder if that's what my situation would be considered.. professional misconduct. Your probably right though. Settling would probably be easier :(

I would try to settle it; otherwise, any time after Jan. 12, you're likely to receive a Draft Statement of Claim from Deanna Natale Law Offices. You might be in BC but I heard she even sent one to Santa Claus. (She won too.)

So a year ago my cell phone got cancelled on me because i was one month late with my payment. It seemed extremely odd to me since id been late before but i guess because the amount was the highest id ever hit (i hit 148$ in one month and was late on the payment) anyways so i was disputing it heavily with my cell phone company and they couldnt give me a straight answer as to why my cell phone was cut off.

Regardless, id just upgraded phones and because of a cheap phone the regular 200$ cancellation fee turned into 500$ overnight.. out of principal i refused to pay it. So it went to collections as expected and i sent them a letter outlining what had happened and that i did believe in paying my bills but refused to pay the ridiculous cancellation fee especially considering i hadnt been the one who cancelled my phone and bell couldn't tell me why my phone had been cancelled. So i began emailing back and forth with the creditor and explained i would send them 160$ by check with the note on the check reading "BY CASHING THIS CHECK YOU AGREE TO FULL AND FINAL SETTLEMENT OF ACCOUNT" So i emailed the person in charge since they told me they needed my offer in writing and i sent off my check. That was in january with CBV... fast forward to November a whole 11 months later.

I received a call from a creditor from D & A collections claiming i still owed the same amount (even though the check had been cashed and was not deducted.. sneaky) I just sent off all my paper work to this new collection agency in regards to the account but im furious. What a waste of my time and the collection agency didnt guarantee they wouldnt stop harassing me even with proof. First of all i feel my privacy was unfairly invaded. (Had they had a cause to send my information to D & A it wouldn't have been but i feel like ive been violated since they had no right to even know my information.. the man creepily mentioning they had my phone number and home address :S) I almost want to sue bell for the aggravation but is it worth it? Am i in the wrong and just cant see it? Any advice on how to handle any aspect of this would be greatly appreciated since this has given me a lot of recurring anxiety and anger. I honestly feel ripped off.. and i kind of want my original 160$.. i honestly wouldn't have given them a dime had i known this would have happened. But i have a copy of the cashed check and everything. :'(