Purchased extended service warranty on new car in August 2011 from new car dealership. In May 2013, car was flooded and declared total loss by my insurance. According to warranty, entitled to partial refund of warranty purchase price (approx. 1/4 of original price). All required paperwork submitted (2x) to dealership since May 2013. No action taken by dealer as of December 2013. They avoid answering calls. Sought assistance from the company that offers the warranty (dealership merely "sold us their product"). According to company who upholds the warranty we must work this out with dealership. However, said company has NO RECORD of our policy ever being entered into their system, conclusion to be reached is that car dealer never submitted initial paperwork for warranty when purchased back in 2011? I was initially seeking the contractual 1/4 refund. Do I have a right to a full refund, as dealership never took any action to process warranty? How do I proceed? Small claims court? Other approach?
You should have an attorney look at the paperwork. You MAY be entitled to a full refund, a partial refund, fraud damages, consumer fraud damages, attorney fees, etc.
You may be entitled to a full refund. You may also be entitled to damages, as the disclosures on the original contract are made incorrect. Consult an attorney immediately. There may be a one year or three year statute of limitations, tolled by the false representation.
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