At this point, because the lender has made these mistakes and because you can prove you always had insurance as required by your loan contract
, you have grounds to sue them for breach of contract
and seek a refund or credit towards any amount you overpaid because the lender chose on their own to put insurance on your car. They cannot make you pay for insurance claiming you did not have insurance without proving you did not have insurance, which they cannot do because you have proof that you have had insurance during this whole time.
You need to start sending the lender a letter telling them they are in willful and malicious bad faith breach of your contract by making you pay for insurance that was not required because you have continually had insurance and it was their negligence in failure to verify that caused them to allegedly place insurance on the car. Tell them you demand a refund or you will sue for breach of contract in bad faith and will seek damages up to three times your losses plus attorney's fees and you will report them to the attorney general
's consumer protection unit and the Better Business Bureau
for unfair and deceptive practices. If they refuse your demands, then you need to get a local consumer protection attorney and file suit against them for their conduct.
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”