Robert
Irvine,#2Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian. As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own. Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights. Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,#3Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian. As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own. Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights. Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,#4Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian. As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own. Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights. Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,#5Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian. As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own. Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights. Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Wallingford,#6Consumer Comment
Fri, January 11, 2008
Progressive has to rely on the police report. I would have to assume that since the accident happened at an intersection there would be eye witness accounts that would place the fault of the accident on your daughter. It also depends on where at the intersection she was crossing (in or out of the crosswalk if there was a crosswalk), with or against the light. Just because a bike rider is in the street does not mean they have the right of way.
Sue
Dallas,#7Consumer Comment
Tue, January 08, 2008
If persons such as yourself who have been ripped off by Progressive would file a complaint to the State Department of Insurance demanding that Progressives Authority to Operate in that State be revoked, perhaps we can all have an opportunity to for fairness. Please go to my youtube.com site "Progressive Insurance Has Treated Me as Roadkill" and ProgressiveClaimsHelp.com for more information on this companies tactics.