Legal Question in Credit and Debt Law in Tennessee
Attempted Repossesion.. previously disputed balance
I had a loan with a bank in Tennessee on a new truck I bought. I paid what I thought was my last payment in September,2004. I received a ledger type report from the bank in late October telling me I still owed $5046.00. I immediately wrote them telling them I was disputing this amount and requested a complete trans history on this account. About 10 days later, I got a history that was short by 18 months. I requested the previous history and never got it. I did not receive any correspondence back from them,mail or phone. Then the repo guy showed up. I told him I has a dispute with the bank and called them. The man at the bank told me he was not aware or any correspondence, because another employee was dealing with me and she was not it. He told me I had to prove them wrong. I told him I was trying to do that and needed info from them and what procedures would he have me follow. He told me there were no procedures. This kinda of conversaion went on for about 45 mins. In the end he told me to send Quick Collect principal and interest they showed and he would send the repo guy home, which i did. However, I still dispute this whole amount, have requested trans history again. He still has late fees. do I have any process or recourse?
1 Answer from Attorneys
Re: Attempted Repossesion.. previously disputed balance
Unfortunately, the burden is on you to show you've paid. Cancelled checks or money-order stubs are the usual proof. It's not up to the bank to show that you have.
If you've over-paid, and can prove it, you can demand a refund. If they refuse, you can bring suit against them. You'll probably need to hire counsel where the bank's located.
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