I have a brain teaser for all those who are experts in the field of validation. Check this out. I had automobile insurance with a company in 2001. I *think* on 3/21/01, I cancelled my account and made my last payment. However, for some reason, they did not cancel my account until 5/21/01 and therefore are trying to charge me from 3/21 to 5/21. They handed the debt over to a CA who is listing the account on my report. I know for sure I made my final payment at the SAME time I cancelled so either they have no proof of my 5/21 payment or they did not cancel with my 3/21 payment. The problem is that I paid in cash since they are right down the street from me so I have no proof if I paid them on 5/21. But here is the dilemma. I know for sure I cancelled at the same time I made my final payment. However, for some reason, due to an error on their part, they are listing I still owe them $150. I can't dispute their payment history nor when they allege I cancelled because I don't have any documentantion to support these allegations. HOWEVER, although they have receipts in which they allege I made 3 cash payments on 1/01, 2/01, and 3/01, they have no contract / agreement. The only contract they have is the original contract I signed with them which clearly expired in 1999. I called this to their attention and said, according to the FDCPA, you must forward me the agreement I made with the original creditor in which I agreed to pay them during this time frame of 2001. They reply by stating, it is obvious you had an agreement because if you didn't, you would not have made payments on the account until 3/01. So, the teaser is, do I have an recourse whatsoever? Should I just pay the $150 or should I continue demanding an agreement. I think they do have a good point (obviously I wouldn't be paying them for insurance if I didn't have some agreement with them to get insurance). But I don't know, maybe I might be missing something. It is not the $150 I am concerned about, it is the fact that, after I pay the $150, they may simply update their CR entry to reflect the debt was settled. Of course, I would force them to sign an agreement stating they will remove ALL notations in regards to this account from my credit report but you never know if they will go for it. So I would prefer to just get them to remove it for lack of validation.
I started insurance the next day with another company. I am currently looking through my files for proof of this. They keep asking me, "If you cancelled with us, show us proof you went somewhere else." And I plan on it (when I find proof) but I was just wondering if, even without proof, since the burden is on them, if they still need to produce a signed contract. Your right though...proof that I had insurance with someone else during the time they allege I owed them would be the simplest solution. I guess I just like to be stubborn and take the road less travelled.
Do you know where you got the new policy. If you can't find your policy information maybe you could contact the new insurance company and ask if they can forward your policy or write a letter stating what date you started with them. I just recently had a similar situation. I cancelled my renter policy when we bought our house but they kept withdrawing the money every month anyway despite my calls. I finally got the right person who cancelled it and is refunding my money back to the date on my homeowner policy. Kim
Re: Re: Validation Brain Teaser I would ask for the contract an see what it says about the terms on the grace period before they cancel on you. No contract no "meeting ot the minds".
Just curious - did you start insurance with another company on 3/21? jlynn ------------------- The ole you didn't buy theirs so you must have bought ours ploy. """""THE END ** *** ** LB 59 """"`""""""""
