When you write your certified letter to them (that you will use in court), tell them that you consider this your second response to the letter requesting information, and that you will not respond via letter again. Tell them that they have 30 days to pay your claim or you will take the matter to small claims court.
If you hear nothing from them in 30 days, then send another letter cancelling your policy in writing (send this certified also). Tell them that because you have herad nothing from them regarding the letter you sent on [date of letter] you are now proceeding to file the matter in small claims and that you are officially cancelling your policy and want all already paid premiums returned to you as soon as possible.
Your previous emails and faxes are good evidence towards sorting this out, but the certified letters will be considered demand notices by you for them to resolve the claim. Trust me, the court looks for such final demand letters with proof that they actually received them (thus, the certified ltter, return reciepts requested). With those letters and prrofs of receipt, there is no way they can claim that "we did not receive this notice, or it was directed to the wrong department." With these letters, they should know you mean business, and the court will know that also.
With the log and proof of the prior corresponence you can say "I tried to work this out amicably -- look at myproof -- but then I got so frustrated, I had to start sending certified demand letters to them, and then I had to cancel my policy because they did not respond."
I believe you have a good claim (although none of us can guarantee the outcome of litigation
) -- just send the certified letter as I advise above and go from there. They mau just pay the claim. Even if they do pay it, I would still cancel the policy right afterwards -- this is just too much trouble to deal with a company to get reimbursement.
1. Certified letter telling them its a second response to their request for information AND a demand letter for reimbursement or you will seek redress in small claims court, then
2. Certified Letter #2 (if they do not respond to the first in 30 days, or if they do respond and do not give a valid reason for the denial), tell them since they failed to respond to your first request (or the answer they gave was unacceptable) that you will sign them up in court and at this point, you are very dissatisfied with them, cancel your policy, request immediate refund of any unused premiums and tell them you are reporting them to the BBB, the Attorney General
's office, etc.
VPI can file a counterclaim
against you if they are so inclined, but I seriously doubt they will do that -- what would be the grounds? That you were persistent in asking for reimbursement? The only othe way they can proceed against you FIRST is if you owed them money (and they are trying to collect), and that does not appear to be the case here, so I would not worry about that).
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