no·va·tion (
nō-`vā-shən)
n.[Late Latin novatio renewal, legal novation, from Latin novare to make new, from novus new]
The substitution by mutual agreement of one obligation for another with or without a change of parties and with the intent to extinguish the old obligation
You simply cannot do that without the mutual agreement of both parties involved. The credit card companies do it all the time and at their whim. The reason they can do it and you can't is because you agreed to let them do so when you accepted the original contract with them.
Lots of people have fallen for this dumb trick and got badly burned in the process.
There are always lots of people who dream up some new trick to beat their creditors and then go out trying to get others to try them and often try to charge a great deal of money for their latest dumb trick.
The only way to win is to use the law to beat them at their own game. Richard Cornforth started off with that premise and has stuck to it ever since and that is why he and those who adhere to his teachings and strategies have a much greater chance of winning the collections game than by any other method.
Their having cashed the novation check does not bind them to anything whatever. In fact, if they want to take it so far (and they often do) they can immediately cancel your card, declare the full amount due and payable and take you to court because you attempted to defraud them or change the terms of the contract without their permission and agreement.
Anyone attempting this so called "strategy" is in for a rude awakening.
Bill Bauer
Moderator