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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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called BUNN about a problem with a frozen drink machine.. the

Customer Question

called BUNN about a problem with a frozen drink machine.. the tech support lady insisted that I purchase a flat rate service for my machine...I did this and got a call 2 days later stating that the repair cost too much and they were cancelling my call..Now they tell me that this is a loss for them so they are NOT going to provide me with service.. they took my credit card info and issued me a claim # XXXXX upon checking they did not charge my card... BotXXXXX XXXXXne .... they sold me a flat rate service and decided that the vendor that they hired was too expensive so they just told me sorry,,,, and go away...
Submitted: 4 years ago.
Category: Legal
Expert:  xavierjd replied 4 years ago.

Thank you for using JustAnswer.com!

 

Can you please clarify what is your question that you would like assistance with?

Customer: replied 4 years ago.
what should I do.. file a small claims suit.. and they are out of state so how do I get them served? Should I just have a atty write a letter stating my intent?
Expert:  xavierjd replied 4 years ago.
I am correct to understand that you never did pay for any service, correct? They never did charge your credit card, right?
Customer: replied 4 years ago.
I was told they did.. they took all info over the phone to initate the service call... but upon checking with my credit card company... they got an approval but still have not "charged" me
Expert:  xavierjd replied 4 years ago.
Am I correct to understand that your machine is no longer under warranty?
Customer: replied 4 years ago.
It is not.. that is why the service center told me to pay 265 plus tax for their FLAT RATE SERVICE
Expert:  xavierjd replied 4 years ago.

Since it's no longer under warranty and since they didn't charge you for the service package, you really have no legal recourse against them. You do not have a contractual relationship with them.

 

What you have, and it's not your fault, is a business that's not willing to stand behind its product or service it. That's just bad management on BUNN's part.

 

So, you are left to your own to find an independent repair person to service the machine.

 

Because BUNN does not owe you any legal duty, there is no fashion in which you can sue BUNN or hold them accountable.

 

Good luck and best wishes. I hope that you find this information to be helpful in better understanding where you stand and why.

Customer: replied 4 years ago.
They led me to believe that the srevice was to be preformed.. I even cancelled other service because I was told and verbally gauranteed a fix for this machine,, in a small claims suit.. how do I have them served outa state or how do I go about finding their legal people to have the small claims action filed against
Expert:  xavierjd replied 4 years ago.

I understand. However, what a person says on the phone is not legally binding. There's no contract and, at a minimum, they didn't even charge anything to your credit card. For that reason, there's no legal relationship between you two. They did not owe you a legal duty.

 

If you want to sue them in small claims court, you will have to sue them in the state that their office is located it. You cannot sue them in your state.

 

Hope this helps!

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xavierjd
xavierjd
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20+ yrs in criminal, landlord/tenant, family, & small claims