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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118252
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a doctor. I purchased a device from a manufacturer about

Resolved Question:

I am a doctor. I purchased a device from a manufacturer about 2 years ago. The financing company I went through said I needed insurance on the device, so I got it independantly. They asked for proof of insurance, which I sent them (on 2 different occassiones). I realize now, however, that the financing company has been charging me their insurance this entire time. They said that I hadn't sent the insurance documents, which I'm sure I had. (I sent it to them now, they asked me to fill in some bogus stuff to meet their standards, which was done). Finally they have agreed to stop charging me insurance, but they are only refunding me for 2 months worth of the insurance they charged.

I never once asked them for their insurance, wanted their insurance, or authorized them to charge me the insurance. In fact, I specifically told them on 2 occassions that I do not want them to charge me insurance. Its been on direct deposit, so I never really looked at it. I believe I am entitled to the money back for the insurance they charged me the entire time. Please advise.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have sent them proof of insurance, then they had no right to add new insurance and charge you for it and they are in breach of your contract. If they are not willing to credit you for the money if they improperly charged you for insurance contrary to terms of the contract, then you have cause to sue them for breach of contract to recover the money.

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Customer: replied 3 years ago.
this is what they wrote -
The insurance certificates confirmed on November 22, 2011 were for the 2012 year for lease #104188. Therefore, I had not receive insurance for lease #’s 104559 or 104138 until October 28, 2013 which is why I can only credit back 2 months of charges.

This is total nonsense - as I only have 2 leases. What should I do at this point? Its only a few thousand dollars so I'm not going to hire an attorney and sue them. Can I just stop paying them?
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your response.

If you stop paying them without taking some legal action they can claim you are in breach of contract and seek to repossess the equipment. You need to gather the evidence you have had insurance in place the entire time and sent that to them at the time (not just now) and send them a letter attaching the proof and explaining that since provided them the proof of this insurance they had no right to place their own insurance and charge you for it when you already sent them proof you had insurance in place for the time they are charging you. If they refuse you can file a complaint with the Better Business Bureau against them and also with the Attorney General's Consumer protection unit (sometimes they will handled this type of commercial dispute as an unfair and deceptive practice).
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