arbitration

I will try to get the original documentation, but they may be tough the credit card company has not been very cooperative.

The SOL on the card is one of the things that I am questioning because they have a bogus payment of $256 that I did not make, I can't prove that I did not make it because I did not make it. So, they should have to prove with documentation that the payment was actually made right?

For one thing you don't need to prove anything.... They have to prove that you made the payment. For example, they need a copy of the check you wrote for payment.

If they say well "he made it over the phone". Ok, cool!!! What was the account number, routing number, bank name (and in who's name is on the account) etc etc etc...

They can say that you changed the color of the moon all they want. Unless they have legit. solid documentation that can be verified three ways to Sunday, they have nothing and holes can be poked in their claims. Your basic job is to bring in suspicious to all their allegations.

So, going back to what I indicated before, get copies of all you banking records. From today, to back prior to the last payment on the card.

Going back to the documentation, you have to see this documentation prior to the arbitration. They have to show their claims. If they don't how do you defend youself?? And if they refuse to show you this prior to arbitration I would demand this to be thrown out as hearsay since you were never afforded the opportunity to see their evidence.

This is where you need to see and know the procedures of arbitrations in your court house/local jurisdiction....

BTW. What was this arbitration court mandated? What exactly started this whole process of arbitration.

With mine, it wasnt court mandated. It was sent to a private arbitration with me kicking and screaming, denying everything.


Edited to state: Never mind about the court manadate.....I already asked the question!!!

I'm glad that they are left with the burden of proof. You hear so much about this reaging stuff. What I was wondering is what if they say you paid by money order? They would have to submit that too right? I had one that did that but never took me to court. I called them on the game because I knew I had not made a payment. It is nice to know that they don't have the upper hand all the time. How is everyhting working out for you now jbarto. I see you post often so stop back and update us, good luck.

I am still waiting for a court date, December made two years since the original summons was filed, the arbitrators were supposed to set up a hearing date for january or february, still have not heard anything, they sent me paperwork and I assume that they sent it to the collector too, maybe they did not return their part of the paperwork, not real sure what is going on at this point. No news is good news, I am hoping that they did not respond and the case will be dropped, fingers crossed.

Wow two years...in a way that has to be annoying that they can play around with your life that long. How will you know if they don't respond or do you have to guess about this too?

I am not real sure what to do, I don't want to call the attorney that is chairing the board, kind of just sitting idlely and waiting, sure wish I knew what was going on though, it is annoying not knowing. I will update you when I find out myself.

I can pictur if it was me I would probaly have died from a stress heartattack or something waiting that long. Its like a black cloud following around and never knowing when or if it is going to rain. Still think thee should be some knid of time statute on this.

Yeah, I think so too, but I don't want to stir anything up either, kind of caught between a rock and a hard spot. I am going to post an inquiry on the debt and credit forums to see if anyone knows if there is a statute of limitations on this crap, it is frustrating but I am not stressing it.

I figured it would be stressful. If you hear anything on your post stop back and let us know on this thread. In any case good luck.

I am gonna go to the debt forum and drop the question about time limit and see if anyone knows the answer. There are some pretty knowledgeable folks there.

Good idea. They really should have a time limit. I've been going crazy here myself. First Pioneer credit recovery called for weeks fifty times a day...now they must have sold it again or it is for the person who use to have this number cause LHR is calling. I know if I pick it up it just makes them call more....No end to this..seriously thinking of changing this number. At least if they get the next one maybe it will be just for me. It is unbelievable how many collections these other people had..