Hi, I am new to the board and at this so I appreciate any help you can give me. I pulled my credit report last month and noticed for the first time that I had a collection regarding an old auto insurance policy that I had a few years ago. I had cancelled it beacaseu tehy unknowingly rasied my rate. I sent a validation letter to the collection agency. They sent be back 3 pages which included my signature. Now here is the kicker: I dropped this policy because they had originally quoted me a much lower rate. After I made a deposit of $265 they doubled the rate! Yesterday they sent me a photocopied agreement of a contacrt they claimed I signed for a much high rate (more than double what was originally quoted!).This was from 1998 The photocopied contract that they sent me back shows the new rate (4000k) and not the policy that I originally signed. I NEVER SIGNED THIS CONTRACT!!. They just changed the numbers aroung and presto. On the first page is shows the payment for the insurance with a required deposit of 576.50! The contract that i signed was for half that rate and showed a deposit requiremnt of $265 They do show as my downpayment on a seperate page. I never saw this higher contract and i never signed hence you can tell that by my lower initial deposit. The fact is they would never start my policy if id dint give them the necessary deposit so this is fraud! These guys are trying to screw me! I have this collections account on Equifax and it is killing me. They did sent this info to me within 30 days and reported that account discouted to Equifax. What can i do if anything? What are my options?? Is there any way to get this listing off without paying anything? If not is there anyway to negotiate a paid as agreed even if it id a collection if i give them some money?? Thank you for all of your help Dan
No I wish i did. The fact the contract they sent me has a necessary initial down paymnet that is supposed to be ebclosed of $576.75 The contract i signed had a neccesary down paymnet if $265 whic they cleary state on one of the pages they sent me. They would never start a policy if the downpaymnet wasnt paid in full!! This should blow them out of the water.
You might also want to bring the insurance agent who initially sold you the policy into this. I don't know what state you are in, but here in Arizona, if you get an "uprate" because the agent mis-quoted you (and only if it's not your fault, i.e. undisclosed information), the the *agent* has to pay the difference. In other words, short of you being deceptive, he has to honor his quote. I'm thinking he might be willing to try and help you (for instance, talking to his higher-ups about negotiating with you and pulling the account back from the collection agency) if you threaten to sue *him* for all the grief this has caused you. Just a thought.
I had a collection regarding an old auto insurance policy that I had a few years ago. I had canceled it . Nothing wrong with this. Don't you know they are entitled to collect premiums without any obligation to provide coverage? I NEVER SIGNED THIS CONTRACT!!. They just changed the numbers around and presto. Of course you are liable for paying for a forged contract. These guys are trying to screw me! I have this collections account on Equifax and it is killing me. No, they're not this is what credit reports and credit scoring are for so they can put stuff like this on them to trash your credit in order to allow other creditors and insurers to over charge you. NICE SWEET DEAL ISN'T IT ??? Send the 30 day Validation Letter to the CA.
Hi per my post i sent a validation letter to CA and they responded with a signed contarct! This wasnt the contract that i signed though. The rates where double what i agreed upon I am talking about an intent to sue letter based on the advise i got on this forum can anyone help?
You don't have to say anything,just send it as it is. you will find it in the sample letters section.
I looked it up for you. Here it is. ***************************** Your Name» «Address1» «Address2» «City», «State» «Zip» «Company» «Address1» «Address2» «City», «State» «Zip» «Date» Dear Sir/Madame: As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. What is your authorization of law for your collection of information? What is your authorization of law for your collection of this alleged debt? Please evidence your authorization to do business or operate in the state of Florida. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $5,000 in damages for the following: Defamation Negligent Enablement of Identity Fraud Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Sincerely, «Your Name» Type but don't sign.
The response you got was not a validation. A forged contract isn't valid. You are correct .It doesn't matter.
Should i note in the estoppel that i recieved their response and that they signed contrat they sent me is a fraud or should i just ignore that fact and play like i did not get anything? dan
depechebkn just ignore that fact and play like i did not get anything? dan ================ ignore it.
