Who holds the burdern of proof for late payments? I am new at this, trying to clean up old things on the CR. I have a Rich's debt that was paid off and, they are reporting late payments in 1997, when it was paid off. I called Rich's, hoping that since it was paid off, they would "goodwill" me the act of not showing the derogatory payments, which are only showing on two reports, not TU. Anyway, I was told that I would have to pay them for copies of the old statements. I asked that if I disputed this with the CRA, and asked for their verification information, it should be provided to me free, well, needless to say, this ninny was not going to accomodate me whatsoever. Do they not have to prove that I was late, if I ask for it, not just verifying to the CRA that I was? This was in 1997, they got their money, yet want to hold on to that negative report as long as they can. Any ideas?
Re: Burden of proof for payment his I'd go ahead and send the validation letter. Now they will HAVE to provide it - which they probably can't. Mommy2cats
Re: Burden of proof for payment his Mommy2cats is right, Start the validation process which will start the legal implications. Keep every scarp of paper and record any phone calls. Or better yet don't talk to them on the phone. I have 3 cats ~
Re: Burden of proof for payment his Of course you know to send the validation letter certified return receipt. You have to have proof you not only sent it but that they received it. Once they have received the letter they are not allowed to call you to collect the debt unless they've validated the debt in writing first. So definitely start a call log (dates, times, who you talked with, what was said), a log of activities, letters etc. and send the validation letter asap. It almost always gets collection agents in trouble as they're not well versed with the fdcpa and fcra (amazing huh) and they routinely violate one or both statutes out of ignorance or out of blatant disrespect for the law and for consumers. and always remember in dealing with these guys, if it's not in writing it doesn't exist.
Re: Burden of proof for payment his There is no debt, it was paid off in 1997, and the account closed. It was not a charge-off either. I was just trying to get the derogatory lates deleted off the CR to up my score. I thought it would be one of the easier things to take care of. The lady at Rich's even told me that I had disputed with Equifax previously, which I had, so I don't doubt that they have the records, I was just appalled when she told me I would have to pay them to get copies of old statements showing that I paid late. See the attitude you get when you pay something off, they don't care about you anymore, unless you are making them money. See if I go to Rich's anymore.
Re: Burden of proof for payment his They can't Charge you to see your own payment history! THats another violation!
Re: Burden of proof for payment his Burden of proof for payment hist. stacey ================= They have to back up their claims.
Re: Burden of proof for payment his You guys all forgot 1 little thing. This is an original creditor, and therefore is not subject to FDCPA and therefore, would not have to respond to validation requests. What you need to do, in my opinion, is to send a letter to them, citing rule 623 of the FCRA and advise them you are disputing the lates, as is your right per the FCRA.
Re: Burden of proof for payment his Right. This is all about FCRA, not FDCPA. It's about being libeled by Rich's if they can't back up their claim. They are posting a Notice about you. That has legal implications. They had better be able to back it up or they had better remove it. Otherwise, you have cause for action. You may also want to run a search on Nelson v Chase Manhattan to see just what those implications are. You may also want to run a search on "nutcase" (trust me). You'll find a wealth of info right up this alley.
