On the last week of December 2012 James Smith of Chase Auto Finance breached an oral contract terms stated in the affirmation oral contract attachment. He said I need to bring a cashiers check or money order for $5000.00 to settle the account before New Year's Day of 2013. I was to bring the cashier check or money order to any Chase bank branch and tell the branch or assistant branch manager that James Smith instructed me to ask them to send the check to Dallas TX via FEDEX at the expense of Chase bank.
Also I was to fax a copy of the check and air bill to (602) 914-7421. The Nation City branch FAX conformation log is attached. When I showed the assistant branch manager Rosemary Verjan the branch manager in National City, CA the $5000.00 check and passed James Smith's instructions she told me we don't send anything by FEDEX for customers. I presented to her the affirmation of the oral contract and she told me I will not sign it. I told her I am not asking her to sign it. I said I wanted a duly authorized Chase bank employee to sign it at the direction of James Smith. She told me she will FAX the copy of the check and affirmation of the agreement. She told me that she will help me on January 2nd, 2013 since at the time I brought the check was 4:00PM to the lobby.
I was not seen until 4:45 PM on Monday. All the documents except the air bill were sent via FAX except the air bill since her branch does not send anything by FEDEX for customers. I was told by Rosemary that she will help me on Wednesday January 2, 2013 to clear things up with James Smith. She advised me to send my check to Dallas with the affirmation of oral contract with my signature absent a signature of a duly authorized Chase bank employee. On Wednesday January 2, 2013 I call Rosemary Verjan to see if James Smith and she discussed the settlement agreement. She told me she that she only helps customers and since my auto loan with Chase bank is closed she will not help me and then she hanged the phone up.
I called at once James Smith, Trisha LaFrentz and Sonja Peralta and left voice mail on their phones telling them about the situation. I called over 2 weeks and would not get return calls. Then I get a phone call from Britney of Del Mar Recovery Solutions on January 30th that they have a legal letter saying that Chase bank offered me a $5000.00 settlement. That is false because I am the one who offered the settlement not the bank. Britney read out an alleged letter from their legal department. The letter does not match the terms of the oral contract that James Smith agreed to. Michelle and Britney have never identified who they work for. I only know because James Smith told me as part of agreement. Britney told me the same instructions as James Smith and told me to get a new $5000.00 check and told me to send me the check right away. As of today I have not received and notice in mail or email confirming the agreement.
I am told just to send the check with no paperwork with 2 party signatures. To follow the laws about interstate financial transactions I read about in newspapers I requested that a duly authorized Chase bank employee sign the oral contract affirmation when receiving my $5,000.00 cashiers check. If Chase bank signed the affirmation of the oral agreement I would have sent the check to Dallas Texas as requested. On July 3, 2012 I became aware that I had injury insurance while on active duty when I was in the U.S. Navy. I filed a claim for an injury I had and was awarded my claim on December 26, 2012. It took over 5 months for the claim to be completed.
I informed Chase bank of my insurance claim as soon as I became aware of being eligible for a ONE TIME PAYMENT of the benefit. I have always kept my promise to this bank. As soon I was awarded the insurance money I called James Smith to offer him MY INSURANCE MONEY AT A GREAT SACRIFICE TO MYSELF. I am on a fixed income with my VETERANS BENEFITS and became a homeless veteran living in shelters and eating at food banks. After my unemployment benefits I became financially unstable. When I give Chase bank MY insurance money I will be surrendering my financial security and surrendering my chance not to be indigent. I could have spent the $5000.00 on anything I wanted. I chose instead to offer my injury insurance claim to settle the car loan. I have followed the values I have learned from my 17 years and 8 months of service in the military. James Smith accepted the oral contract with a witness to the conversation and my witness was also at the National City, CA Chase bank branch at 1130 E Plaza Blvd. during the conversation with Rosemary Verjan. I feel that MY SETTLEMENT OFFER was reasonable considering the vicious and unprofessional behavior of Chase bank employees and their contract employees.
Britney and Michelle have not identified themselves as Del Mar Recovery debt collectors. They dont give their last names. They said they work for a law firm and tow Truck Company. It appears that Chase bank did not inform them I have had a cashiers check for $5000.00 since December 31, 2012 because Britney told me on January 30, 2013 I should go get a NEW $5000.00 check and go to a local Chase branch and have a branch manager FEDEX the check to Dallas TX.
She said that Chase bank sent a settlement letter to my P.O. Box on January 4, 2013 and I have not received it or any kind of notice. I asked if she can send me a copy via email and she said we cannot email you because of security purposes. Both Chase bank and Del Mar Recovery want me to send my cashier check without a signature to the agreement we made. The ALLEGED SETTLEMENT LETTER FROM CHASE LEGAL that was read to me over the phone said nothing about stopping the collection action or stopping the repossession of the 2007 Nissan Sentra.
Also National Recovery is trying to collect the debt. I have 3 organizations telling me I need to send them the money. Who owns the account? I am not refusing to pay them MY SETTLEMENT OFFER of $5000.00. If a DULY AUTHORIZED CHASE BANK EMPLOYEE will sign the affirmation of the oral contract and if they want to type the same terms that James Smith AGREED to on Chase Bank letter head to make it acceptable for them with 2 PARTY SIGNATURES I will send them the $5000.00. I am not refusing to pay Chase bank but I am willing to pay when they comply with the terms they agreed to with a witness.
Both Chase Bank and Del Mar Recovery are asking to send money without them signing a 2 party agreement like the Nigerian scams I read about in the news. They ask in order to receive papers money has to be sent first. Britney told me that Chase sent papers on January 4, 2013. It is now February 7, 2013 and checked my mail today and no contract from them. I have no documentation from them that they will not try to collect more than the than the agreed amount of $5,000.00 and stop the repossession/collection processes. I read in the newspapers even if a customer of Chase bank pays a settlement agreement or pays the loan off in full they still foreclose on the home or repossess the automobile! They usually add a fee or charge the account and give no notice to the debtor. Then they start/restart the debt collection actions.