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Help settling an insurance debt
As a newbie, for my first attempt I have taken on an outstanding insurance premium.
After my first Notice, they have confirmed via their general manager and lawyer that they “cannot locate the original contract at this time”.
In my second notice and demand for further and better particulars, and their first default (see attached), I asked:
– “Should the contract be considered as null and never existing, resulting in full refund of all premiums?
– If and when We agreed to a policy with xxxx or their predecessors, was it offered under full disclosure?
– If and when We agreed to a policy with xxxx or their predecessors, was a trust, security, bond or any other financial instrument created? Please answer Yes or No in writing.”Under estoppel conditions, I also added:
“Should You default a third and final time, it will be taken as Your tacit agreement that:
1. No lawful contract, based on full disclosure exists between Us and xxxx; and any alleged contract / agreement between Us and xxxx is null and void or at least revoked, and We demand within 7 days:
a. Any alleged outstanding amount balanced and returned to zero
b. A statement showing the discharge of the alleged debt showing zero balance
c. A written guarantee that no report of a negative nature or bad credit be given to any credit reporting agencies.
d. Full and complete refund of all credits paid upon xxxx policy 121662401 by Us, payable by cheque to the above address.
e. Cancellation of xxxx policy 1216624012. xxxx and/or their predecessors did not disclose their intentions and actions to convert an agreement / contract / promissory note by using it as “value” to give value to a bond /cheque or similar financial instrument, as proven by xxxx bookkeeping entries, thus proving the “policy holder” funded the policy and proving xxxx used concealment and false statements that xxxx funds the policy.
3. Admission of Your participation in fraud, piracy and barratry.
4. Additionally, We will seek remedy to any financial instrument created and a financial settlement, with details yet to be determined or agreed.This will then be entered in an affidavit of fact.”
I have just received a response where, they have not answered any of the questions (no surprise) but offered to waive the outstanding premium and confirm no negative credit rating.
I was considering a conditional acceptance upon the man acting as the Managing Director/CEO, providing an affidavit confirming that:
– the contract does exist and was offered under full disclosure
– it has not been used to create a financial instrument of any nature.
Are there any better suggestions on how to proceed?
Is there anyone with sufficient experience willing to facilitate a round table negotiation with me over zoom?
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4 Replies
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You say these are outstanding insurance premiums. Is this a debt collection agency you are dealing with, or the insurance company? Why was the insurance policy not simply cancelled by you? I have never heard of an insurance company selling debt before, (I’m not saying they don’t do it, I just didn’t realise they did) Don’t they usually just cancel your policy?
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Good question morag-janet, thank you.
Before lockdowns, I provided mental wellbeing and resilience programs to public high schools. My business was devastated by the lockdowns with all contracts cancelled. I received an unexpected bill from icare for Workers Compensation Insurance and without funds to pay, it remained in dishonour and eventually received a collection notice from Revenue NSW.
It was at this point that I discovered Bill Turner and shortly after, Solutions Empowerment. Since I decided to move to the private and close my PTY LTD company, it seemed like a good candidate to start with.
My first letter was based on Bill Turner’s work, addressed to the MD/CEO and was not great. Their Policy Manager replied but avoided my questions.
Next letter I received was from their General Manager and lawyers. I reminded them that my letter was addressed to the MD/CEO in his private and full commercial capacity, declined their offer to contract (change jurisdiction), then issued the MD/CEO (in his private capacity) with Notice of his first default and demand for further and better particulars – the letter I attached.
Now the corporate has offered to waive the premium (which is all I had originally hoped for) but since they cannot produce the contract, and will not answer questions regarding securities, I’m not entirely sure how to proceed.
Should I simply accept their offer? Should I conditionally accept upon an affidavit? Or should I hold my position and pursue a full refund, or x4, and how would any securitisation be settled?
Most appreciate any guidance you can offer.
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This reply was modified 2 years, 7 months ago by Julie-Anne.
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This reply was modified 2 years, 7 months ago by
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Hi Julie-Anne, what you do now depends on what your priorities are and how much time and energy you have to spend on this. If you simply want peace and to be able to continue with your life as you see fit, then accepting their offer seems like the most practical solution. However if you have the time and energy and you wish to pursue compensation then look forward to a long drawn out process with no guarantee of success (the system prefers to settle quietly with no precedents being set in the public forum, that others can follow). I think what you have achieved is phenomenal as some one who has never done this sort of thing before and the result you have got is the one you originally wanted. Fantastic!! If that was me I would be popping the champagne corks accepting the offer and then spending my time and energy building on the knowledge already gained and preparing for any further challenges by learning more in depth on the many subjects that are available on this forum. I myself have prepared our household for any approaches by putting up boundaries in the form of trespass signs cameras and locked gates on the property with an intercom system for any visitors. We are also preparing for austerity measures in several different ways. I have had processes with the City Council when they were imposing unlawful procedures in public places and I spent a lot of time and energy on notices however when I get the result I was originally wanting I dropped the matter and felt great about achieving an outcome (even though I could have pursued financial penalties for them). My energy is now better spent first preparing and fortifying ourselves against what is coming and also helping others where we see a need. I hope this has helped you in some way.
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Thank you morag-janet – great advice!
Yes I am infinitely grateful for what Mark, yourself, and the whole Solutions Empowerment community is sharing and this result is evidence of the power of this knowledge.
I’ll claim this as my first win and channel my energies into immersing myself more deeply in learning and moving to the private.
Thank you 🙏 Thank you 🙏 Thank you 🙏