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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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bank took my check without my signature

Customer Question

i had a claim with my car. my insurance company paid me and my lein holder. I sent the lein holder the check to be endorsed...I did not sign the check at all. I waited a few weeks then began to call when I did not get it back. Well they took that check unendorsed and put it onto my car payments. I could not get my car out of the body shop because I did not have the check. Now out of my pocket I am paying rental...they took this check without my signature..is this legal or do I have a case to get them to reimburse me for the rental?
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


What kind of claim did you have?


Was your name on the check,as well?


Please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: it was a claim check from allstate insurance company. The check was made out to me and to Chase Auto Finance. I did not sign the check, but they took it anyway and applied it to my car payments rather than to just endorse it, return it to me so that I could pay the body shop. It said "paid to the order of Bonita Gasparini and Chase Manhattan Bank" I never signed the back of the check to endorse it in case it was to get lost in the mail.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding and providing more information. You state that you needed to pay the body shop - I take it then that this was for an automobile accident, or was it for something else?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: yes, this was for an auto accident. The other party was at fault, but I did not want to wait for his insurance company and chose to go through my own since my car was only 2 weeks old. Allstate paid part of my rental but my car was ready last monday. Chase did not have the check any longer and had to "investigate" I stressed the fact that it was NOT endorsed by me and that they took the check for their use and not what it was intended for and they took it without a proper signature by me. I also asked if I took the check without their signature would it have gone through? no one will answer me. I don't think it would have gone through. Thanks
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you again for responding - and providing more information.  One last question (and I'm sorry for the inconvenience)...... is your vehicle leased by Chase Auto Finance?


Please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: No, its not leased, I financed the car to own
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you so much for responding. To my knowledge and belief, property damage settlements are to be paid to the claimant, and it is their money to do with what they please. However, in your case, you state that Chase Auto Finance is a lien holder - and their name appeared on the check which appears that they have a vested interest. I would  suggest that you contact your insurance company to find out why they made the check payable to the finance company, as well - and, I suggest that you also contact the supervisor of Chase Auto Finance and discuss this matter with them further. If there is an error, it's possible that Chase Auto Finance may pay for your rental car - but, I can't say for certain - thus, it's important that you contact both your insurance company and finance company to obtain additional information, then contact me to let me know, so that I can advise you further.


If I'm missing something here in your question, I offer you my apologies and I do ask that you let me know. Sometimes words conveyed get misinterpreted, unintentionally.


I look forward to hearing back from you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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