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Found 2 results

  1. Hello, I recently had my first accident after 20+years of driving - Totally my fault. I took my car in to get an insurance estimate which came out to close to $2400 (my car is only worth about $3500 before accident) they took out my $500 deductible and a $1900 check was sent to me in the mail. I also received a check for around $25 for diminished value So Here's my questions - I am sure the diminished value for my car is more than $25. How would I fight that with the insurance company ? and since the damages are already close to the 80% ($3500*80% =$2800) the point where most cars are totaled by the insurance company, would it be worth it to ask for more or will it only bump me into a position of having my car totaled?? My car runs fine and the damage is mostly to the side door panels. I would really do not want to have it totaled. I have gap coverage and my loan would be covered, but I do not want to get into a newer more expensive car and car payment. In addition to even higher insurance rates with a newer car+accident on record. I already had a plan to have all of my debt paid off by July 2016. My plans now are to use the $1900 and pay down debt ( about half), so I can be debt free closer to the end of this year. and have the work done once I'm debt free, or whenever I am ready to sell/ trade in. I am unsure of how this all works and I still haven't cashed the checks, in case that would constitute acceptance. I would like to get this figured out as soon as possible so I can deposit the check and get on with paying my debt off. Any help would be greatly appreciated. TIA SC
  2. Need help with a JDB in South Dakota, I apologize if this is in the wrong place!! What happen; Car repo in 2011 Bankster sold vehicle Bankster notified me of this action Heard nothing else from them Where it’s at; Received summons & complaint in 2014 to an action to this from an atty. Representing a collection agency. I had received noting else from them previous to this S&C Notified them of this and asked for a validation and never to contact me again until they do produce. Received some documents but not the ones I was looking for because on my credit report it has a different acct.# than what the bank had sent me when asking for verification from them also I received a doc. Stating is was assigned where there stating it was purchased. (see violations). Sent them an insufficient validation notice saying there missing doc. Essentially telling them there not proving standing to file this suit. Received a couple months later some more doc. And there the same as what I had received but also interrogatories to questions about my life. I’m now in the process of sending them the 2nd notice of insufficient validation, basically telling them I’m not at liberty to reveal this information at this time and that I don’t wish to be a part of there fishing expedition. But also they haven’t sent me the docs I want showing they have standing to file. I do plan on sending them a day later an admittance letter getting them to admit they don’t have the docs. I seek. WF sold to Autovest & is the JDB that hired the atty. and this is an adhesion contract. Violations of the FDCPA I think are valid. Your input is welcome! Remember I had no previous notifications from them and I have a witness to this! Precedent opinion: Lesher v. Law Office of Mitchell N. Kay, P.C Use of their law firm letterhead in making initial debt collection contact violates FDCPA specifically 15 USC 1692e § 807. False or misleading representations. 15 U.S. Code § 1692g - Validation of debts They haven’t even proved standing to file suit This is questionable! 233 F. 3d 469 - Craig Gearing v. Check Brokerage Corporation Drew T Erwin Can’t be both the assignee and the purchaser. My plan of attack; File a counterclaim in federal court on these violations and looking for any and all advice! What to put in this is where I’m having trouble. Keep in mind I’ve done nothing but read and my mind is boggled at this point!! I do have the contract between WFFI & auto vest I found online and they are playing nasty with me!! Your questions are welcome and I’ll do my best to answer them to assist me! Thanks
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