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Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 19768
Experience:  Licensed Attorney with 29 yrs exp with Consumer Law issues
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We signed up term care in 2000 and were given the

Customer Question

We signed up for long term care in 2000 and were given the option of paying monthly. We were never told there would be a $30. a month service charge. Last year I inquired about paying by the year and the clerk said, yes I could and it would only be $4381.30 a saving of $350.54 over by the month. We paid by the month for 15 years and this is a total of $5750. more than we would have paid by the year. I called today to verify we paid $30 a month service charge. They will not reimburse me when they never told us we were paying a service charge. Our original sign-up paperwork says total annual premium $2465. and then $221.85 per month and there is no service charge there. Nor was there ever a mention of a service charge. We would have paid by the year as we easily could have.
Ronald Hunsicker ***@******.***
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Marsha411JD replied 7 months ago.
Hello,Thank you for the information. Will you please tell me what your legal question is? Also, what State do you live in and have you written a letter to the Company's legal department requesting some sort of refund?
Customer: replied 7 months ago.
The legal question is: Were they not required to tell me that there would be a service charge of $30. a month? We purchased the insurance in Georgia, but have since moved to South Carolina. I have not written a letter to the companies legal department.
do I just send a letter to Genworth with a note asking it be given to the legal department?
Customer: replied 7 months ago.
I talked with clerks who asked their bosses and they refused the request.
Expert:  Marsha411JD replied 7 months ago.
Hello again and thank you for your reply. I had logged off for the night when you responded, but wanted to get back to you, at least with an initial response tonight, before I permanently log off for the night. Normally, the best first step to resolve an issue like this after you have tried the first level clerks and supervisors, is to actually put down in writing what your issue/concern is and what you want from the company. That way, you not only memorialize it, which gives you a record, but it also helps the company understand the facts more clearly. In addition, addressing it specifically to the General Counsel (that would be the addressee under the company's name on your envelope and on your letter), will usually get the matter reviewed more thoroughly and through the eyes of someone that would have to deal with this if it goes further. You will want to send the letter certified with return receipt so you have a record of what you have done. And, of course, keep a copy of it. If the company does not respond, or responds that they are unwilling to refund any of your service charges, then you have a couple of options. One is to file a complaint with the Georgia Insurance Commissioner's Office. Again, you would want to be very clear about the facts and the timeline so that they can investigate the allegations and try to resolve it. You can find out how to file your complaint by going to the following link: https://www.oci.ga.gov/ConsumerService/Home.aspx Finally, if you are unsuccessful with either of those attempts, you can file suit against the company. However, even if the court finds that you had no notice of the service charge, you would be limited in how far back you could sue for damages. Depending on the exact facts and how your attorney would file suit, that could be limited to 2 years back in the case of fraud/violation of notice requirements, or up to 6 years if he or she sued under a contract theory. So, there would not be an option to collect for 15 years. Please feel free to ask for clarification if needed. As mentioned, I am permanently logging off for the night but will log on very early in the AM and respond to any follow up questions you might have at that time. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you
Expert:  Marsha411JD replied 7 months ago.
Hello again,I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/Thank you.

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