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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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I purchased an extended warranty on my 2006 Toyota Avalon

Customer Question

I purchased an extended warranty on my 2006 Toyota Avalon when I purchased it from a Ford Dealer in Auburn, WA. An ignition switch failed. Greg's Japanese Auto did the repair. Ford Motor Co - American Road Insurance Co approved the repair and sent me a check for $318 which did not include the sales tax that they should have paid. I returned the check to Ford Motor Co and challenged them to pay the correct amount. Ford Motor Co took the money back and would not communicate with me after that. Is not this bad faith claims adjusting? Bad faith claims issues should be severely dealt with. What can I do? ***** ***** Bowen
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes - I have the original contract which I paid $1,880. I told Scarff Ford in Auburn Wa ( Person) - Way Scarff that I wanted the warranty contract voided because there was a breach of contract. The original loss was on December 20 2014. I have had Scarff Ford in Auburn, WA trying to help but even Way Scarff and Gordie - a manager could not get this resolved. As it stands Scarff Ford (auto dealer) sold me this worthless piece of paper. Ford Motor Company issued me the original check for $318 on behalf of American Road Insurance Company. Ford Motor Company has their hands all over this fiasco. ***** ***** Bowen
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Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 9 months ago.

If you are alleging a breach of contract, then you need to file lawsuit against the party that you are alleging breached the contract. You can file a Small Claim for return of the money that you paid to get services under this contract. The company that sold this contract to you needs to be made to understand that the failure of the company to resolve this dispute, to get the check reissued for the correct amount would be held against the company. Therefore, you should make a formal written demand to the warranty company for the correct reimbursement amount. Then if the company ignores you, you can then proceed with your lawsuit.

You can obtain Small Claims forms at your local Courthouse in the Clerk's office.

You may consider retaining the services of a local consumer Attorney to send a demand letter to the company and if necessary file lawsuit against the company for this unfair and deceptive act and practice. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to handle this issue for you.

You can use the following sites to find local consumer Attorneys:

Consumeradvocates.org

justia.com

lawyers.com

findlaw.com

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