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Richard, Attorney
Category: Legal
Satisfied Customers: 55711
Experience:  Attorney with 29 years of experience.
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Mom bought a Beltone hearing aid. She signed financial

Customer Question

mom bought a Beltone hearing aid. She signed financial agreement 3-22-16 says it hurts her and still cant hear. she went back to have it adjusted. repeat outcome. we both told Dr. He doesn't believe it and wants her to keep coming back. Called Beltone, they wont call me back..Called finance co. They refused to talk to me. Warranty and Guarantee are worthless on the signed agreement. only have the right ro rescind if they came to your house. finance co is in CA Mom is 88 & went without telling me. we live in different towns She lives on SS & thinks she is going to jail. Cost of loan is $2500 She already pd a pmt of $86 Any hope for her?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
HI there. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 1 year ago.
You do have recourse here. They don't get to call the shots here because they're the ones in breach of contract due to providing a product to your mom that doesn't work for her. Thus, whether or not they have a no cancellation/no refund policy is irrelevant because that would only be applicable if they had provided a satisfactory product that worked for your mom. Since they don't seem willing to voluntarily refund your money, you want to raise the stakes on them. Send them a certified, return receipt requested letter detailing the history, including the problems with the product, and demand they refund your mom's money in full. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as product liability and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. You can file this in small claims court without a lawyer. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!