Consumer complaint received 2022-07-11
Company: VW Credit
State: TX
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I tender a postal money order to Vw credit. With provision VERBIAGE written on it, i accept your offer in the amount of $ for valuable consideration and tender this payment in Full Satisfaction of all claims.without recourse. 

3-306. CLAIMS TO AN INSTRUMENT. 

A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument. 

UCC 3-603 TENDER OF PAYMENT ( A ) If a tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument [ i.e. Them ] and the tender is REFUSED, THERE IS DISCHARGE, to the extent of the amount of the tender. [ Emphasis Added ] 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT. 

( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. 

( b ) Unless subsection ( c ) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

( c ) Subject to subsection ( d ), a claim is not discharged under subsection ( b ) if either of the following applies : ( 1 ) The claimant, if an organization, proves that ( i ) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and ( ii ) the instrument or accompanying communication was not received by that designated person, office, or place. 

( 2 ) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that that sent a statement complying with paragraph ( 1 ) ( i ).

( d ) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

UCC 2-207 : ADDITIONAL TERMS IN ACCEPTANCE OR CONFIRMATION ( A ) Condut by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writing of the parties agree, together with any supplementary terms incorporated under any other provision of this act. 

UCC 3-415 : ENDORSEMENT ( i.e. Without Recourse ) ( A ) If an endorsement states that it was made Without Recourse or otherwise disclaims liabilty of the endorser, the endorser is not liable under section ( a ) to pay the instrument 3-303. VALUE AND CONSIDERATION.

( b ) " Consideration '' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection ( a ), the instrument is also issued for consideration. 

I also sent in the following Affidavits : Affidavit Lien Release Affidavit for Verification of Debt Affidavit of Fault with Opportunity to Cure w/ Tabulation of Fees and Violations Affidavit of Default and Estoppel Affidavit of Tender of Payment Acknowledgement and Discharge Affidavit of Cease and Desist Demand w/ Tabulation of Fees and Violations 12 U.S. Code 1825 - Issuance of notes, debentures, bonds, and other obligations ; exemptions ( d ) Full faith and credit The full faith and credit of the United States is pledged to the payment of any obligation issued after XX/XX/1989, by the Corporation, with respect to both principal and interest, if ( 1 ) the principal amount of such obligation is stated in the obligation ; and ( 2 ) the term to maturity or the date of maturity of such obligation is stated in the obligation. 

I was in honor with this company.

Company response to consumer: Closed with explanation