az premium finance co.

[flythai834]

My boyfriend and I was purchasing a car a few years back and in order to take the car out of the lot we needed to have insurance. He had insurance with another car, but the insurance agency was closed and I wanted to bring the car home that night. So I decided to go w/one the car dealership set me up with, I signed all the necessary papers and it just so happened we were not able to bring the car home that night.

The following day, we went straight to our insurance broker and gave her all the details and she gave us the necessary paperwork to take the car home. The woman that was in charge of the insurance the night b4 was not in. So we took the car home and cancelled the insurance over the phone (or so I believed we did, this is going back 5 or 6 years ago).

Anywho, we used our insurance, later come to find out the woman that was in charge of the insurance at the car dealership either left or was fired. Now I am looking at my credit report and see that they are listed and shows that I owe them money. Should I send them a dv letter? I can get proof through my insurance carrier at the time that I had other insurance.

Thanks to anyone who responds to this and took the time to read this long post. I appreciate any advice.

[chincheck]

Is the actual insurance company on your credit report? DV letters only apply to bill collectors. Still, you can send them a dispute letter and get access to the contract you signed.

FACTA requires them to notify you before placing negative info on your credit reports. If you haven't received a notice in the last few years, then you are entitled to see a copy of the documents you signed stating their intent to do so.

Also, they never provided insurance services for you if you called your insurance company the day after buying the car. The terms of your contract were never executed; therefore, you don't owe them any money. At the very least, you might owe them a prorated amount equal to coverage for 1 day (or even 12 hours), but again, you never took delivery under their insurance policy.

Since you said this was a few years ago, their right to collect money from you might be beyond SOL. That might be a moot point anyway because the terms of the contract were never executed.

[flythai834]

vrandon, thank you for replying to my post.

They are actually on my credit report, that is why i posted (wasnt really sure what to do w/insurance co). I live in nys and the sol is 6 years not sure what category insurance coverage would fall under. Anyway, no I never recieved anything stating that they were going to list this negative balance on my cr.

The balance is for $2476, I believe my boyfriend and I left the lady a $200 deposit. From what I understand, this lady took a lot of deposits from people and scammed a lot of people without processing their insurance. Doesnt really apply to me though, because for some crazy reason she did submit my insurance. so do you think my best bet would be sending a dv letter to these people?

[chincheck]

DV letters only apply to bill collectors. Still, you can send them a dispute letter and get access to the contract you signed.

No, do not send a DV letter. The insurance company is not required to provide you debt validation. Only collection agencies are.

After you send your dispute letter to the Ins. co., dispute the account with the CRA's. The odds are good that they won't know to update the status as disputed. Then you have a $1000 FCRA violation you can use as leverage. Tack on another $1000 for failure to notify you that they were placing a negative TL on your CR. Did you get your $200 deposit back? Demand that as well.

[flythai834]

I know this is going to sound stupid, but where would i find a sample of a dispute letter. can i do a google search, (i will try).

also, no we didnt get our money back. the lady took off with our money and money from other innocent victims. its been so many years we dont have a receipt for the $200 either. but that is not my concern. my concern right now is to get this taken off all of my crs.

Thanks vrandon for your help, it is very well appreciated.

[chincheck]

Nothing fancy. Something along the lines of:

May 6, 2005

Insurance Co.

000 Main St.

Anytown, USA

RE: Account #

To Whom:

A tradeline appears on my credit reports referencing the above account #. I have no knowledge of ever having done business with you, so I am disputing your right to place this information on my credit reports pursuant to the Fair Credit Reporting Act (USC 15 §1681s–2 et al). Please provide a complete account history, including all documents bearing my signature.

If you cannot provide proof as requested, please delete all tradelines from my credit reports. Please comply within 30 days, as failure to do so may place you in violation of federal law.

Your prompt response is appreciated.

Sincerely,

Send this letter CMRRR. When you get a green card back in the mail, fire off dispute letters to the CRA's.

[flythai834]

Thanks for the sample letter.

One more question, what happens if they have the papers I signed and they send them back to me. Remember I did sign papers but cancelled the following day, so they might be able to prove that I had the insurance for the day. This is a crazy situation, but I can also get proof through my insurance carrier at the time, that I had insurance through them. Should I send a copy of that w/my letter.

Thanks for taking the time to answer my posts.

[chincheck]

Complete account history also means copies of billing statements and any claims they allege you took out on this policy.

Even if they have a contract with your signature, you have 3 day recission rights per federal law. Since you canceled the next day, and you can establish that you already had insurance, I would argue that they have no claim against you and they owe you a $200 deposit.

Even IF their argument is that you were insured for one day, that only means you owe a prorated amount equal to one day's coverage. $2476/365 = $6.78. You can be nice and deduct that from the $200 deposit they never returned to you.

[flythai834]

thanks once again vrandon.

sorry to sound so stupid. i just want to make sure i have all my t's crossed and i's dotted if you know what i mean.

oh well, back to my debt repair crusade.

[flythai834]

Hi Vrandon,

Just wanted to let you know, that I received papers that I signed for the insurance, approx. 2 pages. I have also submitted a dispute with experian (the only cra reporting this debt), it came back verified w/the company.

What do you suppose my next step would be in deleting this from my cr's. Do you think I should send a letter to the insurance co. w/copies of my other insurance coverage?

I know in the earlier posts we just discussed violations, but nothing regarding on how to remove the tl from my report.

Thanks for your help and to any other person that has taken the time to read and respond to this.