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I purchased a used vehicle recently and reluctantly opted to

include a mechanical service contract...
I purchased a used vehicle recently and reluctantly opted to include a mechanical service contract or more commonly known as an extended warranty contract. Less than 60 days later I sent a certified letter to the dealership that under the terms of the contract I wanted to cancel. The terms also included a state clause (for California) that if I canceled within the first 60 days of the contract then I would be entitled to a full refund without any administration fees.
After about a couple of weeks when I did not hear from the dealership I sent a follow-up letter again via certified mail.
It's been over two months since my initial contact to the dealership about cancelling my service contract and still no acknowledgement of any sort except proof from the postal service that they received my letter. I reread the terms of the contract to confirm that it says I am within reason to cancel. What are my options now to pursue this claim? The terms include an arbitration clause indicating that I can only pursue any claims by binding arbitration. Does this limit my ability to claim my refund? Will arbitration cost me? Do I still have standing to claim my full refund since I initially requested cancellation within the 60 day period even though the dealership did not respond?
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Answered in 11 hours by:
7/25/2017
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 58,100
Experience: Licensed attorney helping individuals and businesses.
Verified
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.If company won't refund simply proceed by arbitration. It's just a different forum.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.
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Consider a local lawyer letter first. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 3 months ago
Although I appear to stand to recover legal fees what can I expect an attorney to charge me up front and what should I expect in return or how will the attorney assist?
How or what will the dealership try to say to defend against the claim or to only provide a pro-rated refund back?
I would in the first instance attempt without a lawyer to save on the fees. A lawyer adds leverage and if needed can navigate court more easily. Lawyer may charge contingency or by time.
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Dealer will try to argue its as is and reflected in price and just act slowly
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Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 3 months ago
Appreciate your insights so far. I'm a little confused as to what my next steps should be to pursue the claim. I've already tried to file a claim with the dealership twice. I guess I would read that as attempting to resolve without a lawyer. Since no response from dealership would the next step be finding an attorney via martindale or findlaw?Or did your suggestion mean something else. Thanks!
I would recommend having a consumer lawyer locally attempt to negotiate, leveraging the options we discussed.Good luck!
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Kindly rate me five stars.
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 58,100
Experience: Licensed attorney helping individuals and businesses.
Verified
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