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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10648
Experience:  30 years of corporate, litigation and international law
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security company

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I signed up for a security home monitoring service with the "leading" company in December 2012. At the time I signed up the sales person told me that I would get a rebate after the installation was done. No installation date was agreed at the time I signed the contract in December 2012 nor did the contract signed state that the installation had to be done within a certain time frame. The installation was done by the company around March 2013 - as that is the time when we were able to agree a time for their technician to come over at a time I was available (i was traveling before then) - and then they had to be called again to complete the installation in April 2013 because they missed putting up some equipment during the first visit. I mailed in the rebate forms in May 2013. The company has not sent me the rebate as yet and I would like to know what rights do I have and who can I go to resolve this. I have sent several reminders to the salesperson and she has not responded other than a message saying she would look into it and she kind of hinted in one message saying "maybe you have not gotten the rebate because you did not send the form within 90 days of signing up". I responded to her saying that she had asked me to mail in the forms after the installation was done. I am thinking of emailing the salesperson stating "please ensure I get the rebate otherwise I will pursue legal action" ...however I would only want to do this if it was worth it. what sort of damages could I claim? is there another route (e.g. a consumer protection bureau/Govt. department that can assist)?

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. If you file suit it would be in the small claims court. Your only recovery would be the amount of the rebate plus your court costs (the cost of paying the filing fees). Given the lack of a time frame within which to ask for a rebate, you will probably be successful. Another option is to file a complaint with the CA Consumer Affairs Department. Here is a link to their site. check complaints about licensees.

bizlaw :

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Richard - Bizlaw and 2 other Business Law Specialists are ready to help you
Hi I was just following up to see how you made out. If you have any additional questions or I can help on a different topic let me know.

Customer: replied 4 years ago.
Need to chase them first still and then file a complaint if they do not respond. Is there any time limit within which i must initiate a complaint or legal proceeding?
Your statute of limitations is probably four years but I would make sure you file within the two year statute of limitation governing oral contracts because key parts of your agreement may be oral. That would give you until March 2015. Good luck in your case.