I used to have a lot of debt and told every single company that called to send me something in the mail. I paid every single debt that I received mail for. Years later someone went after me and me, not knowing the rules, got stuck with it. I still have not seen anything in writing to even verify what the debt is for - and the court wasn't any better - I didn't even have a chance to talk to the judge. How is this right?
They need to include the name of the original creditor as well as the account number and the brand name the consumer would recognize. Date and amount of last payment, copy of the last billing statement (supposedly) sent to the consumer. However I also think they need to send a copy of the original debt document with the consumer's signature. Someone can send me bills for something I don't owe, but they can't send me a signed paper I never signed.
I do not communicate with anyone I owe money to by phone. I want a written trail. It's too easy for them to say I agreed to something or to give me misleading information by phone. I want it IN THE MAIL.
The burden of proof should be on the creditor. If you make the debtor responsible for following up with a request, it gives the creditor an opportunity to say they never received anything from the debtor... If they had to send the documents to start with, there would not be any question.
I have never applied for credit in any way other by paper application, and everyone I have ever owed money to has tons of paperwork. I don't know how it works when you apply electronically, but what's to prevent someone from saying they are owed money? The burden of proof is going to have to be on the creditor, and if they aren't getting paper signatures, they'd better have some pretty good proof otherwise. Meanwhile, if you say they wouldn't lie about it, I would love to sell you my ocean front property in Nebraska.
JClark53
1I used to have a lot of debt and told every single company that called to send me something in the mail. I paid every single debt that I received mail for. Years later someone went after me and me, not knowing the rules, got stuck with it. I still have not seen anything in writing to even verify what the debt is for - and the court wasn't any better - I didn't even have a chance to talk to the judge. How is this right?
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JClark53
2
They need to include the name of the original creditor as well as the account number and the brand name the consumer would recognize. Date and amount of last payment, copy of the last billing statement (supposedly) sent to the consumer. However I also think they need to send a copy of the original debt document with the consumer's signature. Someone can send me bills for something I don't owe, but they can't send me a signed paper I never signed.
View this comment in the discussion thread
JClark53
3
I do not communicate with anyone I owe money to by phone. I want a written trail. It's too easy for them to say I agreed to something or to give me misleading information by phone. I want it IN THE MAIL.
View this comment in the discussion thread
JClark53
4
The burden of proof should be on the creditor. If you make the debtor responsible for following up with a request, it gives the creditor an opportunity to say they never received anything from the debtor... If they had to send the documents to start with, there would not be any question.
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JClark53
5
The collection notices should be sent in the same language of the original signed debt document.
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JClark53
6
I have never applied for credit in any way other by paper application, and everyone I have ever owed money to has tons of paperwork. I don't know how it works when you apply electronically, but what's to prevent someone from saying they are owed money? The burden of proof is going to have to be on the creditor, and if they aren't getting paper signatures, they'd better have some pretty good proof otherwise. Meanwhile, if you say they wouldn't lie about it, I would love to sell you my ocean front property in Nebraska.
View this comment in the discussion thread