| Title: | Welcome to the Non-Custodial Parents Conference |
| Notice: | Please read 1.* before writing anything |
| Moderator: | MIASYS::HETRICK |
| Created: | Sun Feb 25 1990 |
| Last Modified: | Fri Jun 06 1997 |
| Last Successful Update: | Fri Jun 06 1997 |
| Number of topics: | 420 |
| Total number of notes: | 4370 |
Metpay started a new policy this year for their rebates. Instead of sending a seperate check for each policy they are sending only one check for all policies. Now this sounds like a good idea, but there is a potential gotcha. When I got my divorce my ex was given the right to live in the house until my kids are emancipated (or age 23). We were insured thru Metpay prior to the divorce. As part of the agreement my ex is responsible for the cost of maintaining the house, including insurence. Evidentually she contacted Metpay and had the bill sent to her. Because we are both on the title for the house both namnes are required to be on the policy. Evidentually they never changed the policy number, which was my social security number. Now comes the new policy of sending one check..... They automatically assume that the home address for the house, I live in an apartment (can't afford a house). Now since all of the policy numbers are based on your social security numbers they sent the rebate for my car insurence and renters insurence to my ex. now the real problems begin. My new wife recieved her rebate and asked me if I got mine yet. I forgot when they send them out so I wasn't lookin for it. Several weeks went by and no check. I calledf Metpay and they said I did indeed receive a rebate and if I didn't receive the check in the next week or so to call them. No check, so I called. They said they would stop payment and reissue another check. A week or so later I called again and they said the check was cashed. Now what! Metpay then requested a copy of the check be sent to me. I finally recieved the copy and it was made out to Mr and Mrs, and my ex had signed her name and forged mine. I went ballistic. I called Metpay and told them what happened and asked why they sent the check to Mr & Mrs and why they sent it to my ex. They said this was a new policy qaqnd that they have had to explain this a lot of people. I told them this was wrong and that I wanted my check and what were they going to do about it. At first I was told that the check had been cashed and I would have to get the money from the ex myself. I had a real hard time making them understand that this was not my fault and that they shouldn't make changes without some notification to the policy holders. The fight and argument was a lot more extensive than what is here, but the bottom line is that this problem has been raised up into their upper level management. I have been told that I will probably get a check sent to me and that they probably will do nothing about collecting the money back from my ex. Note that I have said probably. I don't know what they are going to do top keep this from happeniong again. One of the Metpay people said that they might change my ex's policy number and that might fix the problem for next year. I have not yet decided what steps I will take concerning my ex forging my signature. The check was for over $100.00 so that makes it a felony. The whole purpose of this note is to alert you to this new policy and how it can hurt those who have a similar circumstance to mine. Bob
| T.R | Title | User | Personal Name | Date | Lines |
|---|---|---|---|---|---|
| 264.1 | some alternatives | CSC32::HADDOCK | Don't Tell My Achy-Breaky Back | Wed Jun 02 1993 09:15 | 19 |
1)Have your lawyer send your ex a letter explaining the penalties of
forgery and explaining that if she doesn't send you your share of
the check immediately you will be filing charges.
2)If she lives in the same area you could probably get a judgment
against her in small claims court and have the amount deducted from
the child support.
3)I also agree with you that since it was Metpay's mistake that allowed
the check to be sent to your ex that they are also liable for the
recovery of the money. Even if though they overpaid our ex, they
still owe _you_ your share. Most states have an insurance
commissioner that can bring a quite a lot of pressure to bear on the
company to pay up (as in, do it or you no longer do business in this
state). Most insurance companies really _hate_ to have to deal with
the insurance commissioner.
fred();
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| 264.2 | forgery | MAGEE::SKOWRONEK | Thu Jun 10 1993 11:58 | 15 | |
What happened here is considered "forgery". I work in Accounts Payable
and when we issue a check, and it is cashed by another party other than
the party for which the check is made out, the bank treats it as a
forgery, even if it is a simple mistake. I would think that Metpay
would give you the $$, but I am sure they would go after your "ex" for
the money she received in error --- this is an insurance company, and
they would want to recoup the money somehow.
Good luck & let us know how you made out, especially if there are
others in this conference where the same thing might or could have
happened.
Thanks
Debby
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| 264.3 | How much will it cost? | CTHQ::GRAY | Follow the hawk, and enjoy the view ... | Fri Jun 11 1993 09:54 | 31 |
I've been here twice. During my divorce process this "insurance
rebate problem" came up twice, the first for $85 and the second
for $175. The first check was made out to me, the second was
made out to both her and I.
She "deposited" the first in an old joint account I had
forgotten about (smoothly done) before I knew about it. I was
ready for the second. The insurance company insisted that the
check couldn't be sent out to each of us individually (split
50/50), it had to be sent to the policy address in the names of
both policy holders. By now the joint account had been emptied
by her and closed, and I had sent her a registered letter telling
her she did not have my permission to sign my name or use my
share of that money. She had her lawyer send my lawyer a letter
demanding that I sign the check over to her to be spent on the
children. My lawyer sent back a letter saying that over
$1,000/month in child support and alimony was enough, I wanted
half of the money.
The end result was, at $125/hour, I told my attorney, "I've
already spent $100 chasing less than $90, do more litigation over
that check". I don't know if it ever got cashed, but I assume
she found a way to get it done.
You can believe my insurance company was more than happy to
cancel and re-write all the policies I had with them!
Sometimes, it's just not worth it ...
Richard
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| 264.4 | Pro-Se | CSC32::K_HYDE | Say NO to The New World Order | Wed Jun 16 1993 12:08 | 8 |
Re: -.1
You might just want to proceed Pro-Se in cases like this. It's a
separate legal act fom the divorce. It might qualify for felony
conversion and you might be able to get her lawyer as one of the
defendants.
Kurt
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