What is the name of your state? Ohio
My wife and I had to have a transmission rebuilt in our thunderbird. Our credit union wouldn't give us a loan. The transmission place got us a loan through American General. I bought disability insurance when we signed the loan. I became disabled in December of that year when my treatments for my chronic illness caused severe side effects. I turned in a disability claim to the office I got the loan through on 12/5/03. They told me that it would take 5 days or so to process.
I sent a letter in January stating that I was witholding one payment until the insurance claim was settled. Despite repeated letters and other communications, no one would answer any of my questions.
Finally, I received a denial letter from the insurance company on 5/3/04. It was based on the fact that I had the chronic illness when I signed the loan agreement. I can understand that, but why did it take five months of being ignored to get that answer.
A few days after I received the denial letter, American General's manager came by our house and demanded that my wife write him a check on the spot for the overdue payment. She didn't have any idea what was going on. I handled all of the bills. The guy kept getting loud and threatening with her and she finally got intimidated. She admitted that we were considering bankruptcy due to all of my medical bills. The guy repossessed the car the next day.
Despite repeated letters demanding answers, we were never notified of any sale of the vehicle They also refused to give us a full accounting of the sale transaction. Basically. we only had the one home visit and that was the only interaction between us from 12/5/03 and now.
I think I have a criminal case against them but I have a dilemna. The Ohio law that governs the transfer of the title back to them on a default lists two conditions. They have to have proof that they had a legal contract that showed the vehicle as collateral. They met that standard. The second condition is that they provided us with prior notice of the sale of the vehicle as required by Ohio law. That never happened even to this date.
My problem is that after I file a criminal complaint against them for illegally transferring the title, what keeps them from just back dating that document and adding it to our file? Is there any way to have our entire file confiscated and not allowed to have anything added or removed?
If the title transfer was illegal so was the sale of the vehicle. The problem is that we signed an arbitration agreement saying that the most that we could recovered was $5000 fro American General and it's employees. Can that arbitration contract be voided because of the egregious nature of the conduct? I have a lot of case law references as well as actual state code to include in my filing. I just don't know whether to file the arbitration or the criminal case first. Should they be filed simaltaneously?
Frustrated that justice hasn't been exacted yet!!
My wife and I had to have a transmission rebuilt in our thunderbird. Our credit union wouldn't give us a loan. The transmission place got us a loan through American General. I bought disability insurance when we signed the loan. I became disabled in December of that year when my treatments for my chronic illness caused severe side effects. I turned in a disability claim to the office I got the loan through on 12/5/03. They told me that it would take 5 days or so to process.
I sent a letter in January stating that I was witholding one payment until the insurance claim was settled. Despite repeated letters and other communications, no one would answer any of my questions.
Finally, I received a denial letter from the insurance company on 5/3/04. It was based on the fact that I had the chronic illness when I signed the loan agreement. I can understand that, but why did it take five months of being ignored to get that answer.
A few days after I received the denial letter, American General's manager came by our house and demanded that my wife write him a check on the spot for the overdue payment. She didn't have any idea what was going on. I handled all of the bills. The guy kept getting loud and threatening with her and she finally got intimidated. She admitted that we were considering bankruptcy due to all of my medical bills. The guy repossessed the car the next day.
Despite repeated letters demanding answers, we were never notified of any sale of the vehicle They also refused to give us a full accounting of the sale transaction. Basically. we only had the one home visit and that was the only interaction between us from 12/5/03 and now.
I think I have a criminal case against them but I have a dilemna. The Ohio law that governs the transfer of the title back to them on a default lists two conditions. They have to have proof that they had a legal contract that showed the vehicle as collateral. They met that standard. The second condition is that they provided us with prior notice of the sale of the vehicle as required by Ohio law. That never happened even to this date.
My problem is that after I file a criminal complaint against them for illegally transferring the title, what keeps them from just back dating that document and adding it to our file? Is there any way to have our entire file confiscated and not allowed to have anything added or removed?
If the title transfer was illegal so was the sale of the vehicle. The problem is that we signed an arbitration agreement saying that the most that we could recovered was $5000 fro American General and it's employees. Can that arbitration contract be voided because of the egregious nature of the conduct? I have a lot of case law references as well as actual state code to include in my filing. I just don't know whether to file the arbitration or the criminal case first. Should they be filed simaltaneously?
Frustrated that justice hasn't been exacted yet!!
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