- Report: #254386
Complaint Review: Allied Interstate - Columbus Ohio
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Allied Interstate
3000 Corporate Exchange Dr Columbus, 43231 Ohio, U.S.A.
Phone:
866-310-3882
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Allied Interstate Fraudulent Billing Columbus Ohio
Totaled a car in 2001, Nation Wide paid the car off! Now it's 2007 and they say that I Owe them $2696.50 because Nation Wide did not pay off the loan! My Qusetion is Why Nation Wide did not tell me that in 01 and why in the HELL did it take so long for this company to contact me on this issue?
Anthony
Fayetteville, North Carolina
U.S.A.
Anthony
Fayetteville, North Carolina
U.S.A.
1 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Repeat after me: GAP INSURANCE
#2Consumer Suggestion
Thu, June 14, 2007
Although the bank DID have an obligation to immediately notify you of any shortage on the payoff, you had an equal obligation to follow through and make sure your obligation was satisfied. When you incur a total loss on a vehicle, it is VERY RARE that the insurance company PAYS OFF the loan. They do not have an obligation to pay off your loan unless you had a GAP INSURANCE rider. When an insurance company pays off on a totalled vehicle, it is usually only fair market value. And, once again, you should have asked for a statement of settlement/ payoff from both the insurance company AND the bank. YOU dropped the ball on this. However, you may be able to make their error work in your favor. Here's how. The Statute of Limitations on a written contract in NC is 5 years. This five years would start when the loan became delinquent. This would generally be 30 days late, which means 30 days after the insurance company made a payment that was short of what was owed and caused YOU to miss a payment. Therefore, under SOL rules alone, it appears that this claim is unenforceable. Also is the fact that you were never notified of any deficiency. STAY OFF THE PHONE! Never speak to ANY debt collector on the phone! NEVER! DEMAND that all communications be only in writing, and communicate only via certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records. By the means above, IMMEDIATELY send a DEBT VALIDATION request. In this letter request the following. First demand proof that they have the legal right to collect on the "debt". If ist was assigned to them you have the right to see proof. If they bought the debt, you are entitled to see that proof as well which would include the purchase contract and proof of payment including amount paid. Also demand a full account history, itemization of charges, prior collections actions and date of charge off, etc. DO NOT sign any letter, just print. And NEVER reference anything about the debt to them. Always remember the entire burden of proof is on them. You NEVER have to prove that you do not owe a debt, but they ALWAYS must prove that you do owe it..TO THEM! the original creditor is totally out of the pisture here as these are junk debt buyers who bought this debt for pennies or less on the dollar.
