How to prove that a payment was made when the creditor will

Submitted by sgilpin80 on Thu, 09/17/2009 - 21:17
Forums

I live in California and I had received a collections notice from BCR on behalf of Chase Bank which I immediately paid by check. My bank statement shows that Chase deposited the check but BCR continues to insist that Chase never received the payment. They asked me to fax my bank statement showing the transaction which I did, but know they are calling me again and insisting that Chase didn't receive the payment and it doesn't matter if I had sent my bank statement. They are asking for confirmation that I've refused to pay. What should I do in this situation?

Hi sgilpin,

Do not provide the document of confirmation which they have asked you. You know and have the proof that you have paid the debt. Now, BCR does not have any right to harass you, it is against FDCPA (Fair Debt Collection Practices Act). You send them cease and desist letter attached with the bank statement asking them to stop harassing you. Send it through a certified mail so that you can get the return receipt.

If the CA still persists in harassing you, then file a complaint against them with the FTC and California State Attorney General's Office. Also do not forget to call the original creditor and keep him informed about this mistake.

Fri, 09/18/2009 - 07:09 Permalink

sgilpin80 , I would never advise sending a copy of a bank statement to anyone, including a collection agency. The bank statement contains all your account information and sometimes low life collection agencies will actually go into your account and remove funds. I have seen it posted here a thousand times. It would be best to get a copy of the check and a letter from the bank showing the paid check and send it certified mail.
First off though I would contact Chase. Their communication with their debt collector may not be up to par. I had this happen with an old hospitol bill. Upon calling the original creditor (hospitol) they took over from there and the phone calls soon stopped.

Fri, 09/18/2009 - 13:22 Permalink