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Being Harrassed in Arkansas by Management Services Incorporated

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I refinanced a vehicle in 2006 with Citifinancial and purchased a Gap policy.  The company sold my note to Santander.  I wrecked the vehicle in November of 2011.  I filed a claim with my insurance and also let Santander know I had totalled my vehicle.  I argued with them the fact I had a Gap policy and then faxed the copy to them.  They never let me know that they did not file on the claim (or did they).  Now, 2 1/2 years later they have turned it over to a collection agency, Management Services Incorporated.  I faxed them my contract with Citifinancial along with my Gap policy.  They have not called us for two weeks and now a different agent called my husband last night and harrassed him.  Do I need to hire a lawyer?  What can I do to stop this harrassment?  And can we beat it? 


When I told the first lady with the collection agency that we had a Gap policy she sent me a packet in the mail showing all of my information about my account and all of my payments made.  She stated, " here is proof that this is your policy and you are liable".  I told her that I knew it was my policy.  That is not what I was trying to tell her.  We had a Gap that should have paid for this! 


I appreciate any guidance I can receive from anyone.

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First and foremost Santander is evil and should not be allowed to be in business but that is not the biggest problem you have.


It was not the lender's responsibility to file a claim with your Gap insurance carrier it was yours.  I would highly recommend doing so now if it is not too late.  Unfortunately the time to file a claim may have lapsed and it might be too late.  If it is then you are responsible for that deficiency balance. 

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Wonder why they didn't tell us that we would have to file the claim with the Gap policy?  They had me fax the policy to them right after the accident and then ceased to contact us for months.   


They probably assumed you knew you had to file.  The reason they asked for a copy of the policy is to verify that the balance would be covered.  You as the insured are the one on the policy and therefore would have to make a claim against it. 


We assumed it was taken care of.


NEVER EVER assume that something involving money you could be expected to pay is taken care of.  ALWAYS make sure it is.

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I actually thought It was taken care of.  I tried to contact the Gap company and could not get a response to my policy.  The person at Santander told me they would take care of it.  I still have the fax sheet where I faxed it to them.


I just hope we are not screwed on this.  It is over $6000. 

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The person at Santander told me they would take care of it.  I still have the fax sheet where I faxed it to them. 


Unfortunately you cannot believe ANYTHING Santander tells you.  They will have one employee lie and another swear to it.


All the fax does is show you sent them something.  It doesn't open a claim.  Get the GAP company on the phone and don't stop until you speak to someone.

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