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Re: Continue Being sued, need help


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Posted by Boadicea (66.149.179.202) on May 20, 2004 at 19:36:24:

In Reply to: Continue Being sued, need help posted by scared, lost and confused on May 20, 2004 at 18:59:02:

First of all, I would be one of the first to admit that Citibank is not one of the most consumer-friendly lenders. But even Citibank would have to be dumber than a box of rocks to charge-off an account that was still current. If they did that as you say, then THEY are the ones who breached your cardholder agreement through what is known as a "constructive breach"! You would have reason to countersue the citi-crap out of them. See your lawyer.

Second, whether they were supposed to automatically submit a claim against your insurance or not is totally up to the terms you accepted when you bought the insurance. Did you ever look at the terms and its stated procedures to make a claim? Did you follow them? As with most insurance companies (which I'm sure was underwritten by a different company than Citibank), you must file a claim to get benefits. Your health insurance company doesn't just graciously dish out money without asking when you get sick. You have to make a claim on their claim form.

But you really need an attorney. If things occurred as you stated, I'm sure some attorney would be more than happy to take you on as a client.


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