What to do if I had a repayment agreement with a bank and I completed it but now 5 months later they say we owe all the fees and and late charges?

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What to do if I had a repayment agreement with a bank and I completed it but now 5 months later they say we owe all the fees and and late charges?

Our contract was for 6 months with 35% down at the start. we hd to pay on the 1st of every month and we did. as of 6 months ago we had paid everything. They reinstated our loan and we were good to go. Now they are saying that the fees and late charges were never paid and we owe them $1800. They were paid and they were all written in the contract. I have tried to go over the contract with them but all I am told is I have to prove where the money was applied. I have to go through the payment records they are sending me and then call them and prove to them it was paid! Isn’t that their responsibility?

Asked on July 11, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all state sin this country, if a debt is owed and the parties agree that a debt is owed but the debtor claims that some amount has been paid, the debtor has the burden of proving such payment.

As with your matter, I would send copies of all documentation showing what payments have been made by you under the agreement that you have written about since you have the burden of proving payments made to the creditor.


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