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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchased a 2008 Tacoma at Toyota Walnut Creek California

Customer Question

I purchased a 2008 Tacoma at Toyota Walnut Creek California and at the same time I was offered to purchase a No Use No Lose Contract Agreement . I brought this contract for $1,400 on the same day on June 28, 2008. The contract agreement was sold by the third party which it is Premier Dealer Service.This contract covers any mechanical repair within seven years or up to 75,000 miles whichever it comes first.
I had never file any claim for any repair within this 7 years.I am currently still owning this 2008 Tacoma and it has 44,000 miles now. On June 28, 2015 was last day of the contract and contract agreement states that I have to file for refund of $1,400 within 60 days grace period after contract expired on June 28, 2015. I didn't know how to file for refund. On July 5,2015 , I went to Toyota Walnut Creek for seeking help and I went to see Yousef, Finance Manager. Yousef made a copy of my No Use No Lose contract agreement and he told me he is going to take of it and submit it to Premier Dealer Service.
I had been following up by calling Yousef in July and August. I couldn't get hold with Yousef. I started texting Yousef on Sept 3. He finally responded and texted me that he had been off for three days. I did some research, found some 800 numbers to call and asked for Premier address, so I could personally submit the claim. I finally submitted the claim myself around Sept 25, 2015 because Yousef didn't do nothing for submitting my refund to Premier which the claim was supposed to be sent out in July.
Premier Dealer Service received my claim and they responded me that they are not refunding me $1,400.00 due to passed 60 days under agreement. I came to Toyota Walnut Creek for seeking help because I originally purchased this NO Use No Lose contract at this Dealership and I did not know how to request my refund from the third party, Premier Dealer Service. I also filed a complaint against Premier through Better Business Bureau. Premier is still stating that they are not going to refund my money due to passed 60 days under agreement. Now Better Business Bureau has to close my complaint.
Please help and advise me what to do to get my money back . Is there any legal action you can help me fight against Premier? How much does it cost me if I hire you as my attorney to fight against Premier?
My mobile number is(###) ###-#### ***** name is ***** ***** email address is***@******.***. Thank You so much.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

You can argue that the dealership (not the third party that issued the contract) is liable to you for the actions of their service manager (their employee represented that they would "take care" of the contract (even though they previously had no legal obligation to do so), and that their failure to follow through should entitle you to reimbursement by the dealership - absent this representation you would have more thoroughly reviewed the contract and taken steps (contacting the service yourself) to file your request for refund.

This is not a perfect claim, but you should be entitled to get something back.

This is a small claims matter, not something you would want to hire a lawyer over ($1,400.00 is well under the small claims threshold) - see: http://www.courts.ca.gov/selfhelp-smallclaims.htm.

However, if you do want to hire a lawyer, you are going to need to retain a local attorney (we cannot solicit or accept clients on this forum). You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 11 months ago.
Hi William,How do I argue with Toyota Walnut Creek and request them for refund ? Please can you write me some strong sample argument statements ? So I can rewrite it in own word and who should I send my argument statement ? English is my second language and I don't know how to write an argument statement. Please help me out.Thanks
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Unfortunately I cannot draft a demand letter for you - you need to hire a local attorney for that kind of formal legal service.

However, you can use the California Courts website (above) for forms, they do have a template "demand letter" that you can use and simply send that to them. This is all accessible at the link above.

See also: http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

You do not need to make this especially fancy or use any specific language - keep your language clear, simple, and straight forward.