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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114808
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a car tha is financed through rancho santa fe finacial

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I have a car tha is financed through rancho santa fe finacial and in 2009 they placed their own insurance on my car and told me that they could not verify I had ins on my car. I notified farmers ins and they faxed them a copy and they rsf fin co never took it off then they raise my payment from from 350. To 483. So I was payining that then in 2011 they again did it and I once again had my ins fax them a copy. Well now I am paying them payments for ins they said I never had but I have for 3 yrs tried to show I have always had. Now they want to repo my car. Can they? Cause I have over paid the monthly for 3 yrs and I have never been without ins.
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.


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