Dealership's extended warranty refund refusal
#16
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Followup
Finally got in touch with Lexus of Concord, and indeed they say the insurance side of this scam, N.A.D.S. went bankrupt, and there's no way I can get the money.
I feel they are at fault; they led me to believe this was a product of Lexus Financial Services, and gave me a pamphlet from them that says on the front "Vehicle service Agreement", "Factory-Backed" (I still have it). But in reality, it was backed by a combination of provicers, and is pretty convoluted and designed not to be something an average buyer would understand or even read all the fine print and details during the final negotiations for the car, and they know it.
He offered my $1200 worth of service, which of course is really only worth maybe half that, as there are many quality service shops that are much cheaper, and better for most repairs. Also, I may want to sell the car before using it.
So, time to talk to the lawyers, I guess.
I feel they are at fault; they led me to believe this was a product of Lexus Financial Services, and gave me a pamphlet from them that says on the front "Vehicle service Agreement", "Factory-Backed" (I still have it). But in reality, it was backed by a combination of provicers, and is pretty convoluted and designed not to be something an average buyer would understand or even read all the fine print and details during the final negotiations for the car, and they know it.
He offered my $1200 worth of service, which of course is really only worth maybe half that, as there are many quality service shops that are much cheaper, and better for most repairs. Also, I may want to sell the car before using it.
So, time to talk to the lawyers, I guess.
#17
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So let's see now under the best of circumstances you lost $2,500. The dealer is offering you $1,200 worth of services.
That being the case you are only quibbling about the other $1200 or so. You would have no chance in court of getting any more than the $2,500 it's not an injury claim ect.. So assuming you pay $150hr for legal help I would suspect you would need about 2 or 3 hrs of representation plus expenses ie: copies, serving legal documents to the other side probably $800 or so that is assuming you don't have to go to court probably double that.
So now you are fighting over $500 and that doesn't even take into account that you might not get attorney's fees awarded to you. Not realistic.
Take the dealers offer it's in your best interest.
This is assuming your Attorney General's Office or Insurance Commissioner is unwilling to take on the case.
That being the case you are only quibbling about the other $1200 or so. You would have no chance in court of getting any more than the $2,500 it's not an injury claim ect.. So assuming you pay $150hr for legal help I would suspect you would need about 2 or 3 hrs of representation plus expenses ie: copies, serving legal documents to the other side probably $800 or so that is assuming you don't have to go to court probably double that.
So now you are fighting over $500 and that doesn't even take into account that you might not get attorney's fees awarded to you. Not realistic.
Take the dealers offer it's in your best interest.
This is assuming your Attorney General's Office or Insurance Commissioner is unwilling to take on the case.
Last edited by Packrat1; 02-17-14 at 10:32 AM. Reason: Edit
#18
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i don't think you are going to recoup anything close to the $1200 dollars offered by the dealer. Check and see if they give you a transferable voucher and sell it at a discount to bay area member. That would be your best bet in this situation!
Lesson learned! Extended warranty is not worth buying (especially those from 3rd party).
Good luck
Lesson learned! Extended warranty is not worth buying (especially those from 3rd party).
Good luck
#19
The dealer, especially a high end dealer, should stand behind everything they sell.
if you had a ford or kia, i would think differently.
having said that, you would be wasting your time suing Lexus USA, as the dealerships are all independently owned and operated.
the issue lies between you, the business manager (and dealer owner) and the warranty company who is now out of business.
if they are going to offer 1700, i would have them put it on a transferable "credit card" so then at least if you didnt use it, you could sell it to someone else, or have it non expirable, so you can hang on to it. and be allowed to put it on the purchase of another car.
may not be the full 2500, but for an 800 difference, might be cheaper than litigation
if you had a ford or kia, i would think differently.
having said that, you would be wasting your time suing Lexus USA, as the dealerships are all independently owned and operated.
the issue lies between you, the business manager (and dealer owner) and the warranty company who is now out of business.
if they are going to offer 1700, i would have them put it on a transferable "credit card" so then at least if you didnt use it, you could sell it to someone else, or have it non expirable, so you can hang on to it. and be allowed to put it on the purchase of another car.
may not be the full 2500, but for an 800 difference, might be cheaper than litigation
#20
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California Class Action for this scam just filed in Solano County - FCS 044573 - December 3, 2014 - goes back several years... so if you bought a service contract 6 -7 years ago, you can join.
Dante Ave v Lexus of Concord - Attorney is Ian Otto of Foster City - his phone is 650-341-0300. You can join the class and get a full refund even if you used the service contract.
Dante Ave v Lexus of Concord - Attorney is Ian Otto of Foster City - his phone is 650-341-0300. You can join the class and get a full refund even if you used the service contract.
#21
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California Class Action for this scam just filed in Solano County - FCS 044573 - December 3, 2014 - goes back several years... so if you bought a service contract 6 -7 years ago, you can join.
Dante Ave v Lexus of Concord - Attorney is Ian Otto of Foster City - his phone is 650-341-0300. You can join the class and get a full refund even if you used the service contract.
Dante Ave v Lexus of Concord - Attorney is Ian Otto of Foster City - his phone is 650-341-0300. You can join the class and get a full refund even if you used the service contract.
Emmett Gilman
The Gilman Law Firm
580 California Street, Suite 1617
San Francisco, CA 94104
Tel: (415) 599-2780; Ext. 101
Fax: (415) 528-7190
Direct Dial: (415) 653-0153
www.sfgilmanlaw.com
I'm still trying to get my $2500 refund from Lexus of Concord. Has anyone been successful with getting their refund back?
I should have bought my car from Lexus of Stevens Creek. I did not find anything about them selling these worthless warranties to their customers. Each car dealership is independently owned.
#22
My parents has something slightly like this happen to them with Toyota.
Same spiel about if you purchase this extra warranty - if you don't use it we'll refund you.
However, what they did not tell my parents was that they needed to come in and complete the refund paperwork after a certain date. It was one of those small, fine print things that they never verbally mentioned. They only said my parents would get the refund after the parameters expired sometime after paying off the car.
So, after my parents finished paying off the car, they went to inquire about. They sent my parents around in circles before finally admitting that they were entitled to a refund. Then a week after submitting the paperwork, my dad gets a call saying they will not get anything because the deadline has passed.
There was not anything they could do about it because it was afterall on the contract so they lost their $2K or so.
I personally feel that Toyota offers this package as a scam for those who do not read everything on the contract.
Same spiel about if you purchase this extra warranty - if you don't use it we'll refund you.
However, what they did not tell my parents was that they needed to come in and complete the refund paperwork after a certain date. It was one of those small, fine print things that they never verbally mentioned. They only said my parents would get the refund after the parameters expired sometime after paying off the car.
So, after my parents finished paying off the car, they went to inquire about. They sent my parents around in circles before finally admitting that they were entitled to a refund. Then a week after submitting the paperwork, my dad gets a call saying they will not get anything because the deadline has passed.
There was not anything they could do about it because it was afterall on the contract so they lost their $2K or so.
I personally feel that Toyota offers this package as a scam for those who do not read everything on the contract.
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