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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31664
Experience:  16 years legal experience including consumer protection law.
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I signed a motorcycle finance contract that the finance person

Customer Question

I signed a motorcycle finance contract that the finance person told me had a 30 day cooling off period. It states in the contract that I can give written notice within 30 days to cancel the contract. What is the definition of a 30 day cooling off period?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Please provide the exact language of the cooling off provision.

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

10. How This Contract May Be Canceled -Including Refund and Charges


You may cancel this Contract by written notice to the Administrator requesting cancellation while the Contract is in force. The information required to process a cancellation includes: Contract Application Number, date of cancellation, reason for cancellation and contract holder's signature.


If You cancel this Contract within thirty (30) days of the Contract Purchase Date and You have not incurred a claim, a 100% refund of the Contract Price will be. made. After thirty (30) days or if You have incurred a claim, a pro-rata refund of the unused time will be made. The prorata refund will be calculated by multiplying the Contract Price by the percentage of the unused time compared to the total time of the Contract Period, less an administrative fee of $25.00. Any refund will be forwarded to the Selling Dealer.


 


(2) California


CANCELLATION - is amended to include:


The $25 administrative fee is deleted and replaced with an administrative fee of $25 or 10%, whichever is less. The thirty (30) day written notice prior to cancellation is deleted and replaced with sixty (60) days.


Our right to cancel for any reason is changed from ninety (90) days to sixty (60) days.


If We cancel during the first sixty (60) days and You have not incurred a claim, a 100% refund of the Contract Price will be made. ARBITRATION - is deleted in its entirety.


INSURANCE - is deleted in its entirety and replaced by the following:


Performance to You under this Contract is guaranteed by a California approved insurance company, You may file a claim with this insurance company if any promise made in the Contract has been denied or has not been honored within sixty (60) days after the date proof of loss was filed, The name and address of the insurance company is: Virginia Surety Company, Inc., 175 west Jackson Blvd., Chicago, Illinois 60604. If You are not satisfied with the insurance company's response, You may contact the Califomia Department of Insurance at 1-XXX-XXX-XXXX,

Expert:  Tina replied 1 year ago.
I see. Thank you so much for providing this additional information, Alistair.

Pursuant to the plain language of the contract, you may terminate the agreement within the first 30 days from the contract date, provided you comply with the requirements set out in the contract including:

--The notice is in writing and you provide the Contract Application Number, date of cancellation, reason for cancellation and contract holder's signature.

If you comply with this and you have not incurred a claim, then you should receive a 100% refund of the contract price.

This language appears to be very clear and does provide for a 30 day cooling off period in which you may terminate the agreement for any reason and receive a full refund of the purchase price.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Satisfied Customers: 31664
Experience: 16 years legal experience including consumer protection law.
Tina and 10 other Consumer Protection Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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