Consumer Protection Law

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I have been fighting or trying to get reimbursed from Select…

Customer Question
I have been fighting...

I have been fighting or trying to get reimbursed from Select Home Warranty for three months calling about 20 times and making sure they have my correct address and e-mail. Today have called three times as they said they were sending a form for me to fill out and after three days of not receiving Icalled again. Finally they connected me to the billing department and after waiting 30 minutes they hung up or we were disconnected. Called back and again they would not connect me back to the billing department they said they would send the form on e-mail as of yet have not gotten it. I just would like my money refunded that I paid for their no service at all.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Typed my problem ahead of this are you getting it

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

It was made in January of this year that I took out the home warranty with Select Home Warranty I filed the claim in May of this year in Illinois

Lawyer's Assistant: Have you contacted the manufacturer?

There is no manufacture involved

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Have they got my info that I send ahead of all this

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
8/2/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,156
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm very sorry to hear about the situation This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract.In this case, if they were supposed to be reimbursing you come and they have not done so, then they are not acting fairly. This appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Legal Eagle
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Category: Consumer Protection Law
Satisfied Customers: 10,156
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