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The company that took over the debt can not supply me with the original account numbers that show what accounts they took over.
This is unexceptionable. But it would show the court why I can not get any answers that prove the debt was paid.
It would also show the court that there response is not just hearsay and explains the confusion.

Back many years ago when I wrote a check to pay a bill, a truck pulled up in my driveway. They wanted to turn my electricity off because of non payment. I said wait right there.
I walked in the house and pulled the file where I had the check that was sent to electric company to pay the bill. It had been stamped from the bank and sent back to me and I stapled it to the bill.
I showed the guy the bill and the proof it was paid in full. He called there dispatcher and he drove away and did not cut it off.

The point is that in the old days there was an easy paper trail to follow.
Now everything is scanned electronically and the bank never even see's the physical check. There is no paper trail to follow.
 
If they can't prove the debt, there is no debt.

You owe me $40,000. How would you like to pay? If you don't pay me, I'll threaten you with you court and enormous legal fees. How would you like to pay? I need an answer by tomorrow. (BARF!)

Don't let them snow you over, bud.
 
Clerical errors happen every day. Three years ago I had a repo company come and take my truck, that was fully paid up. They wouldn't listen to a word I had to say because they had the repo order and I was just some guy who they thought owed some money. Well guess what?? After a few phone calls to the bank, my truck was returned the next day, and after a talk with my lawyer who did the work pro bono, him and I both ended up $8500 better than when we started. I wished they'd come back and take that truck again. I'd be a freaking millionaire.

The point is.......don't let them bully you. Make them prove it. If they can't, you don't owe them squat.


this is not the norm but the exception to the rule.
 
Keep a note pad by the phone. Log everything.
Many times, in a court of law, Judgements are decided by who had better documentation. NOT by who was right.


hmm this goes to prove my point. If you try hard enough you can screw over anyone even though you aren't in the "right"
 
I didnt read the whole thread. But with that being said if he paid the bill and they messed up that is one thing but if he didn't pay the bill and is trying to get something for nothing that is what im addressing. sorry if im jumping the gun but i know plenty of people that scam the system on purpose. look at all the people that walked away from their houses b/c they were under water even though they could pay the mortgage but simply didnt want to b/c they didn't want to pay for something which was worth less now than what they agreed to pay for when they bought the house.
 
I keep pretty good records but I'm human so I do make mistakes.
However in this case I only have two files that belong to the original loans.
One ending in 5981 and one ending in 5655.
These are the account numbers on the law suet.
But my files are not complete, there are some gaps do to my lack of keeping good records.
The original bank never sent me any documents that the debt was taken over and paid off.
Yes....They never sent me a final statement saying it was paid off even though I called and requested it.
The bank that took it over, did not include the account numbers that they took over on the new transferd loans.
So they also did not keep the records.
How ever the original bank stopped calling and never sent me another bill for those accounts.
If there was another loan with the original lender, I have zero files on them.
I have a large file cab with files dating back to 1987, so if there was any other loans to that bank, it would be in this file cab.
There are only 2 files That match the two accounts on the suet.
This is why I believe these are the same accounts that were paid off.
The buy out debt doesn't match the amounts that were paid off.

It's freakin mess.


Listen learned. Keep better records and never have or use a credit card.

Pay cash as you go and you'll never owe!
 
I pay all my debts.
In 2006 I bought a motorcycle and I financed it.
I paid it off in less then one year, even though I had 4 years to pay it off.
The next year I bought another bike and I also financed it.
I also paid it off in less then one year, even though I could have dragged it out for 4 years and paid more interest.
When I buy something with a card, I pay it off as fast as I can to reduce the interest.

Like I said, I pay my debts.
 
You must not be understanding what happend.
I had debt that was bought out by another creditor and was paid off through the other creditor.
The creditor that bought that debt, can not or will not recover or provide me with the original account numbers on the accounts they took over and I paid off. I keep pretty good records but I could be guilty of over looking something. In none of my records do I show any of the numbers of the accounts they are sueing for. Without any of that information I can not be sure this is my dept.
I always pay my debt, always have, always will, but they have to prove to me I owe them a debt.

Do you have a record of the payoff? If you do you are on solid legal ground. Also you can legally request all the documentation of their claims through certified mail.
 
Do you have a record of the payoff? If you do you are on solid legal ground. Also you can legally request all the documentation of their claims through certified mail.


No I do not have complete records in hand, and the power of discovery gives me the right to request that the suing party provide me with all documents that they plan to produce in court. They can not ambush you in court. They have to provide me this material if I request it, and I have. I just haven't received this information from them. So at this point I don't know what they have or plan to bring to court. Still waiting on there reply.
 
I am not a lawyer but: File a motion to dismiss based on the plaintiffs lack of substantiation of the damages (debt). I bet the judge grants it. ;)
 
The original bank never sent me any documents that the debt was taken over and paid off.
Yes....They never sent me a final statement saying it was paid off even though I called and requested it.


I think I would go back to them again for this info. Hard. How long ago did this 'pay off' thing happen? Do you still do business with this 'original' bank?
 
I am not a lawyer but: File a motion to dismiss based on the plaintiffs lack of substantiation of the damages (debt). I bet the judge grants it. ;)

Jim,
the collection agency has not filed claim yet...so you can't file a motion to dismiss a case that hasn't been filed yet.
they are just trying to coerce SB into paying a debt they purchased as everyday business to them.

Collection Agency = aimless threats :muscle:
 
Maybe a little harsh. Have you never fell on hard times. Lord knows I have. And for hell's sake, we all know there are a million scammers out there. Cut the guy a break maybe, and give him a little benefit of the doubt. He said he paid the debt. I have no reason up to this point to think he's a liar. Why do you?
:clap::clap:
 
I didnt read the whole thread. But with that being said if he paid the bill and they messed up that is one thing but if he didn't pay the bill and is trying to get something for nothing that is what im addressing. sorry if im jumping the gun but i know plenty of people that scam the system on purpose. look at all the people that walked away from their houses b/c they were under water even though they could pay the mortgage but simply didnt want to b/c they didn't want to pay for something which was worth less now than what they agreed to pay for when they bought the house.
theres YOUR problem,, Y O U DIDNT read the whole thread......
 
The original bank never sent me any documents that the debt was taken over and paid off.
Yes....They never sent me a final statement saying it was paid off even though I called and requested it.


I think I would go back to them again for this info. Hard. How long ago did this 'pay off' thing happen? Do you still do business with this 'original' bank?

NS Maple,
no disrespect meant but I am just trying to clarify a point( ok split a hair).
the Credit Card company is NOT a BANK...its a credit card company OWNED (possibly-usually-often) by a bank. Small distinction but important non-the less
goes to the "secured" thing I been hammering on. SB never gave authorization nor can a CC co. attach liens to other assets.
 
NS Maple,
no disrespect meant but I am just trying to clarify a point( ok split a hair).
the Credit Card company is NOT a BANK...its a credit card company OWNED (possibly-usually-often) by a bank. Small distinction but important non-the less
goes to the "secured" thing I been hammering on. SB never gave authorization nor can a CC co. attach liens to other assets.

None taken at all. I used the word 'bank' as that is the word the OP used. I would go back to the orginal 'institution' that held the original debt that was supposedly paid off for records of that debt having been paid off. I don't think I would rely on the bills having stopped coming in as proof it was actually paid off. I will admit to not being familiar at all with all this buying of debt business - but could it be possible the second 'institution' received the OPs money, didn't pay off the original debt but rather just negotiated to buy the debt from the original 'institution' and kept the OPs money (which would stop the original bills from coming), and is now going after him again to settle the purchased debt? Which would all sound highly irregular to me - but an 'institution' only having 12 months of records or not being able to produce records sounds irregular also. What about records of the OP having paid the second 'institution' in the first place? Kind of a confusing setup.
 

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