B-160531, FEB. 6, 1967

B-160531: Feb 6, 1967

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" WHICH WAS: "* * * A SETTLEMENT OF OUR LIABILITY OF 30 CENTS PER LB. PLEASE BE SO KIND AS TO ADVISE US AS TO WHAT AUTHORITY THIS IS BASED ON AND WHERE WE CAN LOOK UP REFERENCE ON SAME.'. YOUR OFFER OF SETTLEMENT WAS REJECTED BY THE DEPARTMENT OF THE ARMY (FORT HOLABIRD) IN ITS LETTER OF AUGUST 19. IN THE SAME LETTER THE AMOUNT OF THE CLAIM WAS REDUCED FROM $131 TO $107. ALTHOUGH THE SETTLEMENT OFFER WAS RENEWED BY YOUR LETTER OF NOVEMBER 26. IT NEVER WAS ACCEPTED BY THE GOVERNMENT. WAS RECOVERED BY SETOFF FROM AMOUNTS OTHERWISE DUE YOU IN ACCORDANCE WITH THE RIGHT OF THE GOVERNMENT. WE HAVE REVIEWED THE RECORD CONCERNING YOUR CLAIM AND HAVE AUTHORIZED THE REVISION OF THE SETTLEMENT BASED ON YOUR ACCEPTANCE OF LIABILITY FOR $64.

B-160531, FEB. 6, 1967

TO UNIVERSAL VAN LINES, INC.:

BY YOUR LETTER OF AUGUST 23, 1966, FILE TK 832341 (FLOYD R. WALTZ) 8/18/66, YOU, IN EFFECT, REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED AUGUST 18, 1966, WHICH DISALLOWED YOUR CLAIM FOR $107. THE CLAIM REPRESENTS AN AMOUNT RECOVERED BY ADMINISTRATIVE SETOFF FOR DAMAGE IN TRANSIT TO HOUSEHOLD GOODS TRANSPORTED BY YOU FROM NONTEMPORARY STORAGE IN HYATTSVILLE, MARYLAND, TO ABERDEEN PROVING GROUND, MARYLAND, UNDER GOVERNMENT BILL OF LADING NO. B-6461017, DATED MAY 31, 1963.

IN YOUR REQUEST FOR REVIEW YOU REFER TO AN OFFER OF $64,"TO THE SHIPPER," WHICH WAS:

"* * * A SETTLEMENT OF OUR LIABILITY OF 30 CENTS PER LB. ON THE ITEMS WE HAD DAMAGED. * * * WE DO NOT UNDERSTAND HOW FORT HOLABIRDCAN DEMAND AND RECEIVE $107.00 OF OUR MONEY ON A SETTLEMENT OF CLAIM MADE BY THEM. PLEASE BE SO KIND AS TO ADVISE US AS TO WHAT AUTHORITY THIS IS BASED ON AND WHERE WE CAN LOOK UP REFERENCE ON SAME.'

YOUR OFFER OF SETTLEMENT WAS REJECTED BY THE DEPARTMENT OF THE ARMY (FORT HOLABIRD) IN ITS LETTER OF AUGUST 19, 1965. IN THE SAME LETTER THE AMOUNT OF THE CLAIM WAS REDUCED FROM $131 TO $107. ALTHOUGH THE SETTLEMENT OFFER WAS RENEWED BY YOUR LETTER OF NOVEMBER 26, 1965, IT NEVER WAS ACCEPTED BY THE GOVERNMENT. CONSEQUENTLY, IT REMAINED AN UNACCEPTED OFFER, AND NO SETTLEMENT AGREEMENT EVER CAME INTO EXISTENCE.

ON YOUR FAILURE TO MAKE PAYMENT AS REQUESTED, THE AMOUNT OF THE CLAIM, $107, WAS RECOVERED BY SETOFF FROM AMOUNTS OTHERWISE DUE YOU IN ACCORDANCE WITH THE RIGHT OF THE GOVERNMENT,"* * * WHICH BELONGS TO EVERY CREDITOR, TO APPLY THE UNAPPROPRIATED MONEYS OF HIS DEBTOR, IN HIS HANDS, IN EXTINGUISHMENT OF THE DEBTS DUE TO HIM.' SEE UNITED STATES V. MUNSEY TRUST CO., 332 U.S. 234, 239-240 (1947). THEREAFTER, BY LETTER OF JUNE 2, 1966, AND SUPPLEMENTAL BILL NO. 3505, DATED JUNE 7, 1966, YOU SUBMITTED TO OUR OFFICE A CLAIM FOR REFUND IN THE FULL AMOUNT OF $107, APPARENTLY RECOGNIZING THAT NO SETTLEMENT HAD, IN FACT, BEEN MADE.

WE HAVE REVIEWED THE RECORD CONCERNING YOUR CLAIM AND HAVE AUTHORIZED THE REVISION OF THE SETTLEMENT BASED ON YOUR ACCEPTANCE OF LIABILITY FOR $64. NOTICE OF THE REVISED SETTLEMENT SHOULD REACH YOU IN DUE COURSE.