logo

Debtconsolidationcare.com - the USA consumer forum

Collection Agent Outright Lied!

Date: Tue, 09/16/2008 - 12:45

Submitted by anonymous
on Tue, 09/16/2008 - 12:45

Posts: 202330 Credits: [Donate]

Total Replies: 2


I missed a couple of payments and could not resume right away an installment agreement on an insurance subrogation payment plan. It was turned over to new collector whose first call was threatening right from the start but what was worse, the amount was double the original amount of my share of the accident claim - I stated to the agent that I disputed the amount, that he needed to verify the amount and okay, I made the mistake of saying then we could talk about any payment I would make against the real amount I may or may not owe. He sent me a "confirming letter" that day stating that I agreed to start paying $50 immediately - which was an outright lie. The next day I got a letter stating that if I did not pay the full amount of the debt, his agency would have my driver's license revoked. I sent a letter (it was before I read the advice in this website, so I didn't send it certified/registered) stating that I did not agree to anything, that I did request verification of any debt, that all future communications must be made in writing, absolutely no telephone communications would be acceptable. He continues to call with the same threats, a law firm citing this agency's name sent me a 30-day to respond re same claim amount (the wrong amount), and I got another voicemail message this morning from the threatening agent. I am preparing a new letter reconfirming my request that no more telephonic communications are allowed and attaching a copy of the earlier correspondence, but this time certified. The problem here is that legally, even though I was sitting in a parked car with engine running and someone hit me, the insurance carrier made me liable for half their insured's damages and it would take a long protracted lawsuit to prove that I was not liable at all (that's why I had settled for half the damages and had begun making payments against an installment agreement) - the bottom line, since I was uninsured at that time and it is less than 3 years since the date of that "accident," the carrier could go to court and demand the court revoke my driver's license for being an uninsured motorist at the time of the accident, even though I have been insured since then. (The funny part, the accident happened in front of my friend's house where we had a garage sale over the weekend so that I could not only renew my insurance coverage but renew my truck's registration - ain't that a kicker? One more day and I would have had insurance coverage!) So, anyway the agent is still threatening to get my driver's licensed revoked, but refuses to verify the true amount of the claim reflecting the actual settled amount between the carrier and me which the installment agreement and payments made were based on. I did once without thinking answer my cell phone at work and it was him - after identifying himself he immediately attacked me verbally with how dare I make any demand and that I cannot call the shots - I reminded him that my letter stated no telephone communications and that "this conversation is now over" and hung-up - within 4 days I received the law firm letter I mentioned earlier, that was 5 days ago and this morning he called again with the same-o, same-o.


Check your state laws and start recording the conversations. At a minimum he is violating the fdcpa. Also, I would only communicate with the actual insurance company and your particular agent on this if you can. I think you need to contact them directly and try to make good on whatever you supposedly owe them or get back on a payment plan with them. Basically try to cut this collector out of the deal.

Honestly I really do not understand your story totally. I don't understand why an insurance company would cover any portion of a claim if your insurace had lapsed. I don't understand why they would pay 1/2 and stick you with 1/2. It seems like to me they would either cover what your policy said or they would deny the claim. Now it looks like they are trying to get you to cover the full amount via extortion and that sounds illegal to me.


lrhall41

Submitted by DOLLARSandSINCE on Tue, 09/16/2008 - 13:20

( Posts: 1078 | Credits: )


Check with the state dept of motor vehicle and see if your license can be revoked this long after the accident. Most states have a SOL of around one or two years. If you can't lose your license then their threat is worthless and constitutes a violation of the fdcpa.


lrhall41

Submitted by on Tue, 09/16/2008 - 20:10

( Posts: | Credits: )