Being Sued By Kirschenbaum & Phillips

[Moor]

Hi Mr. Shear:

I have a problem.  I'm being sued by Kirschenbaum and Phillips who is representing a collection agency that buys old debt.

This account that they are suing me on I do not owe because I had a credit protection insurance plan that I bought through the original credit card company should I lose my job.  I became unemployed before defaulting on the card.  What should I do?

I paid for the insurance every month in addition to the balance before I became unemployed.  This is not fair or just.  Thanks for your help!

[Chancey]

Mary,

Good question.  They should not seek a credit balance from you if the original creditor's protection product should pay off the balance due.  Credit Card Companies aggressively market products that pay off an account balance if the consumer becomes unemployed, disabled or dies.  

If this product was purchased and a covered event occurred, you should seek payment from the creditor.  If the collector argues that the consumer does not qualify for the product benefit(because of age, disability, and so forth#, then the consumer should not have been paying for the product, and should receive a rebate of all charges and related finance charges. Hope this answers your question.  If need further assistance to dispose of this collection case, please call me directly.

Jason A. Shear, Esq.

Attorney at Law

Admitted in NY & NJ

Law Offices of Jason A. Shear

Buffalo, New York

Telephone:(716) 566-8988 www.jasonshearlaw.com

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