Legal Question in Credit and Debt Law in Ohio
Taped copy of my phone conversation.
I was negotiating on a credit card settlement with a company out of Solon Ohio. They called me on my account and we settled on a amount I would pay with no further payments needed. They took that amount out of my checking. Now they call me and say that I did not settle for that amount, that that amount was just a down payment and we needed to set up payments for the remaining balance. I asked them for the taped transcript of the phone conversation and they said that they can not send me one because it was the law. I told them it had to do with my account and that I should be able to get a copy, they said no i think she said they have added things to it since then so they can't send me one. Is it a law where I can't get a copy on my phone call with them even though I am on the tape? Any help would be greatly appreciated. Thank you.
1 Answer from Attorneys
Re: Taped copy of my phone conversation.
Tape would be available by subpoena or court order in discovery should this get litigated.
How much is at stake? If you paid in reliance on a discounted settlement, you must establish an Accord and Satisfaction defense. Did you confirm in writing by e-mail or fax? WHy did they Zap your account (rather than paying by check with a notation of "PAID IN FULL per Agreement."?)