Can a DMC pull an offer in writing?
Discussion
Afternoon Chums
Quick one, a good friend is paying back to a DMC a nominal sum monthly and has been doing so for approximately the last 13 years of £75pm.
They wrote to her a couple of weeks ago and offered her an 80% discount if paid in full by this Friday.
I spoke to them last night for her and offered to settle it and they refused, saying they`d had lots of people attempting to take them up on the offer, but it had been issued in error and should have been a 20% discount only.
Now I don`t know, but surely if it`s all in writing including the account number, outstanding balance, figure to pay etc etc surely that`s a legal offer is it not?
Maybe I`m wrong, but they`re not budging and whilst she can carry on paying the nominal sum, it would take her remaining 7 year ish debt down to approx` 18 months so would like to sort if possible.
Debt has been sold countless times, so would have thought they`d want a chunk back to write it off now, but seems not!
Quick one, a good friend is paying back to a DMC a nominal sum monthly and has been doing so for approximately the last 13 years of £75pm.
They wrote to her a couple of weeks ago and offered her an 80% discount if paid in full by this Friday.
I spoke to them last night for her and offered to settle it and they refused, saying they`d had lots of people attempting to take them up on the offer, but it had been issued in error and should have been a 20% discount only.
Now I don`t know, but surely if it`s all in writing including the account number, outstanding balance, figure to pay etc etc surely that`s a legal offer is it not?
Maybe I`m wrong, but they`re not budging and whilst she can carry on paying the nominal sum, it would take her remaining 7 year ish debt down to approx` 18 months so would like to sort if possible.
Debt has been sold countless times, so would have thought they`d want a chunk back to write it off now, but seems not!
An "offer" can generally be withdrawn unless it has been "accepted".
Did the documentation set out how the offer should be accepted? For instance, "sign and return this form with your cheque"? If so, it sounds to me as though it can be withdrawn.
Even if that's not the case I think it could be difficult to make the argument that a phone call from someone who isn't a party to the contract can amount to "acceptance" (unless that person was acting under a Power of Attorney).
Did the documentation set out how the offer should be accepted? For instance, "sign and return this form with your cheque"? If so, it sounds to me as though it can be withdrawn.
Even if that's not the case I think it could be difficult to make the argument that a phone call from someone who isn't a party to the contract can amount to "acceptance" (unless that person was acting under a Power of Attorney).
rockin said:
An "offer" can generally be withdrawn unless it has been "accepted".
Did the documentation set out how the offer should be accepted? For instance, "sign and return this form with your cheque"? If so, it sounds to me as though it can be withdrawn.
Even if that's not the case I think it could be difficult to make the argument that a phone call from someone who isn't a party to the contract can amount to "acceptance" (unless that person was acting under a Power of Attorney).
I rang them with her next to me and had to put her on the phone to complete security and give me authorisation to discuss the account.Did the documentation set out how the offer should be accepted? For instance, "sign and return this form with your cheque"? If so, it sounds to me as though it can be withdrawn.
Even if that's not the case I think it could be difficult to make the argument that a phone call from someone who isn't a party to the contract can amount to "acceptance" (unless that person was acting under a Power of Attorney).
Letter says:
Dear Ms XXX
Settle your account for the amount of £XXXX
Account purchased from: XXXXX
Account No: XXXC
Your 80% discount explained:
Make a one-off payment of £XXX before 24th Apr 2020
We will not ask you to repay the remaining balance of £XXXX
Once the payment has been made we will close your account
To discuss this offer in more detail please contact our UK based customer support team before 24th Apr 2020 on Tel: XXXX
Please note: should you choose not to accept this offer, your current repayment plan will remain in place.
Yours Sincerely
XXXX
To be honest, I think they are likely to succeed with an argument that the offer was withdrawn before it was accepted. "They phoned to discuss our letter so we told them straight away the offer had been withdrawn as it had been sent by mistake."
If, say, electronic payment had been made you would be in a much stronger position to argue that the offer had been accepted.
If, say, electronic payment had been made you would be in a much stronger position to argue that the offer had been accepted.
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