Getting proof of claim

Many people being chased by debt collectos have problems getting proof of claim documents from debt collectors.

Have you noticed that when you fell behind in your payments the creditor sent you a letter telling you, you were behind in payments and to make the payments? Then they sent you a letter telling you that you had 30 days in which to begin making payments.

if you did not commence making payments then they sent you a letter of default?

Well; they do that for a reason which is that is the standard business practice. Its also recognized by the courts as due process.

When your debt goes to a DC they then send you letters demanding payment you then send them the 3 letters requesting proof of claim.

Each of the letters are similar.

If the banks all follow due legal process then perhaps debtors could also do the same thing and avoid asking for proof of claim documents multiple times.

Something to consider trying.

When contacted in writing by a DC;

send them the first of the recommended letters which request proof of claim documents.
if after 30 days you have not received the requested documents, irrespective of whatever else they have sent, send them a Reminder Notice saying that 30 days ago you sent them a request for proof of claim documents and to date you have not received them or, all of them.

The reminder notice simply reminds them they have not sent the required documents. The purpose of the reminder is about playing fair, being respectful etc and letting them know you have previously requested proof of claim documents. WHo knows, your first letter may have been lost along the way.

if 30 days later you have not received all the documents you requested then you send them a Letter of Default. This sets out that you have requested proof of claim documents but they have not sent them, you then sent them a reminder or sent all the requested documents, as of now they are in default.

You have now turned the tables on them.

Imagine how this will appear to the judge trying the case? In what kind of light do you think the judge will see the DC?

The judge can see that you followed due process, you requested proof of claim documents, you sent them a reminder but they still did not send you the requested documents after 30 days so you defaulted them.

While nothing is guaranteed, I think you are in a stronger position in the court than the DC would be. You are the party who has done everything right. They are the party who have messed up.

And it screws up the system they rely on, good one.

Ausk,

that sounds great to me. Have been having some trouble with utilities over the last 5 or so weeks, this puts a new light on things.

Thanks

LS

Also; with utilities, they have a supply contract with the government.

Somewhere in that contract will be a clause to the effect they are under obligation to the govt to supply the utility to all consumers.

perhaps you might like to ask them what do they rely on for their authority to withhold supply. in their reply they will name some agreement, contract or law. You might then be able to get your hands on it and see if there is any useful clauses or sections in it you can use against them.

its possible they will give you the name of the agreement they have with the govt.

by knowing that you, can then ask them for a copy of it.

Alternatively, if you go to court then under disclosure you can demand a copy of that contract and see what it says about continuity of supply and their rights to withhold supply.

There is a possibility it might say they are in breach of contract if they withhold your supply.

Perhaps there is also existing case law that might suit your cause.