Legal Question in Credit and Debt Law in Pennsylvania

An unauthorized withdrawal was made from my bank account by my health insurance company after I cancelled my plan. I've contacted them numerous times trying to get my money returned. Each time I contact them, they claim they're working on it, but it's been over a month and my former health insurance provider still has not returned my money. What are my options for getting this problem resolved?


Asked on 1/23/14, 2:50 pm

1 Answer from Attorneys

First, why is any company at all allowed to access your bank account to withdraw money? I am a fan of billpayers where you directed who, how much and when someone is paid. I am not a fan of allowing anyone access to your bank account to take money out when they feel like it. I hope you will stop any auto drafts like this.

There is no guarantee that this insurer is going to give you your money back any time soon. And they still have your bank account information. If I was you, I would be at the bank as soon as they open tomorrow morning and close your bank account and stop all further automatic payments by anyone. You can also try filing a written dispute with your bank but this will not go anywhere because you previously authorized this company to enter your bank account and you did not notify your bank to rescind any authorization. However, you do need to make it clear to the bank in writing that they are not to honor any more attempts by this company to draft your account. To make certain that is why you need to close the bank account.

Once you get the banking stuff squared away, I would send a letter via certified mail to the health insurer. I would do research on the company - find out who is in charge at the company - who handles operations? customer service? who are the key executives? where is the corporate office at? when you find out that is to whom and where you will send your letter.

In the letter you will explain that you cancelled your policy on x date (provide proof in writing if you have it; if you did this by phone indicate the date/time and name of rep. that you spoke to - give as many details as possible). Explain that they took money out of your account on y date (provide a copy of your bank statement showing where the withdrawal was made). Advise that you have now closed your account to prevent any further unauthorized withdrawals. I would ask to be reimbursed by the company and for them to respond to your letter within 30 days (you can ask for less but if this is a company it may take more time).

See what happens then. Do not call customer "no service" any further. Those people have no authority to help you even if they wanted to.

If you are still having problems then I can send them a letter on your behalf for a fee. Sometimes a letter from a lawyer works as the company pays more attention to it. Please contact me at [email protected] if you need further assistance.

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Answered on 1/23/14, 4:09 pm


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