In october 1997 my wifewas diagnosed with cancer. Soon after her medical treatments made it dificult for her to work. We contacted the loan department of national city bank, and asked them if she had credit disability insurancce on her car loan. This would pay the loan while my wife was ill until she recovered.
We were informed that she had taken out credit life insurance, but notcredit disability insurance. For the next 13 months we continued to pay on the loan.
When my wife died in 1998. I called the bank about the payoff on the car.in december 1998 i went into the bank to handle two issues. First i get my wifes car paid off with the check that was sent by the insurance company and made out to madison bank and trust, and pay off my car with my own cash.
I sat down at a desk and handed a female bank employee my loan book and the cash to pay off my car. She already had the check from the insurance company in her hand. She went to the teller and handled the transactions herself then returned to the desk. She handed me back our payment books and i left the bank.
In july i was cleaning out our filing cabinet where i found my wife's original loan papers wadded up in the bottom back of the cabinet. I noticed that the credit disability insurance was checked off on the papers. The next day i contacted the bank and informed them of the mistake. I was told they needed to investigate the issue and get back to me. Over 2 months later, i was informed that i was not intitled to the information about the loan because my name was not on the loan papers.
Next it was turned over to tamera at the customer relations resolution center. After over two months of further negotiation i was again informed that because my name was not on the loan, i was not intitled to the informattin. However if i wanted to go to court to get a court order, i could get the information from the bank.
I informed them that i was her legal next of kin and intitled to the payoff of the insurance since we had continued to pay on the loan while she was sick. That is when tamera informed me that the payoff was already paid out. When i asked her to whom she replied, it was paid to me. She told me that it was used to pay off my car loan and the rest was handed back to me in cash.
I then conatcted the insurance company for a copy of the check. When i received it, it was signed on the back by marilyn r*, (ror redcared fot security purposes) a bank employee. The bank has no check or paper trail connecting this loan to my car loan or the remaining money that they claim was handed to me.
After i was told once again that i needed to go to court to receive more detailed information i imediately ontacted a lawyer who informed me that it would cost me $2,500 retainer for him to file and to court. I
realized at that moment that this was something that was not going to happen. Unless i used part of my ira i was not going to be able to aford to get this done.
Early this year when we were looking for a new bank, my business partner wanted to go to national city bank. I knew i could not conduct business with them unless this case was closed for good. I imediately pulled out the paper work from the fileing cabinet and proceeded to call resolution center at the bank. I informed them in detail what had happened 2002 hoping that someone in the bank would have some compassion and let me know what really happened to the money. That was the one mistake i made.
I should have not told them any details because they just wrote back reiterating back to me what i had already told them. After several calls i was informed again that without a court order i was not intitled to the information that i was asking for. I was also told again that they believed that the money was used to pay off my car loan, and that i received the rest of the money in cash. I was also informed that because of the time that had passed, they no longer had the information that i had been requeting.
I imediately contacted county court house to find out if there was any way around having to get a court order to obtain the information i needed to clear this up. After all this time i was told that a court order was not necessary since i was her legal next of kin. Remember that this is what i told the bank in the biginning. However, they could provide me with an affidavit of transfer to show the bank that i was intitled to this information.
After i faxed the affidavit to kris k*, she phoned to let me know that she needed to find out where the check was sent too. I thought that was odd since the check was clearly made out to madison bank and trust. Two weeks later i received the letter from her once again saying that that the check paid off my car loan and the remainder was paid to me in cash.
I have maintaied from the biginning that i wanted to see the proof that i received the money. I have
repeatadly asked for a copy of the check made out to me with my signature, or a paper signed by me
showing the payout. They have never been able to show this to me. They have only provided me with payment
histories of both loans.
I have spoken with several bank managers about this and was informed that no bank would ever pay out cash to a customer without a signature. I feel that national city bank are covering up for former bank employee that has pocked the money that was sent to them by the insurance company, or the check was
deposited into an account at national city. Keep in mind that i never handled this transaction myself, but handed it to a bank employee to handle.
I am requesting a full investigation into this matter. They either need to proove their story by showing me my signature on a check or document or pay me the full amount $3,199.90 plus 8 years 5 months interets.
PeeD OFF
se, Indiana
U.S.A.
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