QUESTION:

 

I have a customer who is under a 5 year contract (yours) since 6/15/2005.

Due to a fast talking salesman he wants to switch alarm companies. After 3

months of back & forth phone calls we agree on 500.00 buyout. I send him a

certified letter stating:

 

Enclosed is a copy of the contract for your alarm monitoring. There are 38

payments of 27.99 remaining on the contract for a total of 1063.62. As a

courtesy to you, I am willing to terminate the contract with your

termination payment of $500.00. This offer will remain valid until Midnight

April 30th 2007.

 

In return I receive a certified letter prior to April 30th stating "i

accept your offer" But no check. When I attemp to reach him he says he will

send it when he is ready...

 

Finally the Question.

 

Since I stated termination with payment, can I forget about my offer and

attempt to collect the 1063.62, plus equip. cost, & legal fees.

 

Ron M

 

ANSWER:


You should send your subscriber a letter stating that "since my offer to

accept $500 provided payment was made by April 30, 2007 was not accepted

and the money received, I hereby rescind my offer. The contract between us

remains in full force and you are further advised that unless you cure all

arrears and bring your contract payments up to date no later than 10 days

from the date of this letter, you will be in breach of the contract and I

will enforce the contract terms."

 

Parties to a contract can of course agree to modify the contract. If they

are changing the terms and ending the contract the new agreement would be

an "accord and satisfaction". If the relationship is continuing the new

agreement would be a modification or amendment, unless an entirely new

agreement is entered into, in which event the new contract would be a

novation agreement.

 

Should you hold this subscriber in default you should pursue the balance of

the contract payments, less the liquidated damages percentage discount, the

agreed value of the equipment if you are leaving it there, assuming you

have stated the value, and legal fees. You can also file a UCC-1 financing

statement to perfect your security interest in the alarm equipment to

secure the indebtedness. All of this is available in your monitoring

contract.

 

If you believe you have lost the subscriber then you should consider a

compromise and settlement.  Unless you do a lot of collection work you may

not want to invest the time and energy to pursue the defaulting

subscriber.  If you do have enough subscriber defaulting then you should

put a collection program in place and pursue those breaching.  You can

recover significant revenue that you may otherwise miss.