What is the name of your state (only U.S. law)? California
Hello,
I purchased a used car from an auto dealer last February.
In all the document signing I reluctantly purchased the extended warranty and gap insurance.
We ended up financing with our credit union which had the same gap insurance at a lower cost.
When we contacted the dealer to tell them that we have provided our own financing, the F&I guy tells us that the loan was already funded through Wachovia and that we should deal with them. There was a lot of back and forth but essentially we were supposed to request the gap insurance refund from the dealer. We comply with their instructions which were to fax a letter requesting the gap insurance refund. I contact the F&I guy confirming that he received the fax and that he will be able to process the refund and he confirms YES.
Through the course of the next 8 months I have been “hounding” this F&I guy as to when he will be sending me the refund. Every time I call I get a response like “It’s already being processed” or it takes “60 to 90 days”. My last contact in December was with the business manager (I believe). The last thing he told me was that they were going to conduct an investigation and it would take 30 days. It has been 5 months and I have not heard a thing.
It is safe to say that these guys have no intention of refunding me the gap insurance.
The gap insurance is $750; can I pursue them in small claims? If so is it fair to include the cost of the court filing fee, what legal consultation fees I might incur and interest on the $750 for 15 months?
Thanks for your help.What is the name of your state (only U.S. law)?
Hello,
I purchased a used car from an auto dealer last February.
In all the document signing I reluctantly purchased the extended warranty and gap insurance.
We ended up financing with our credit union which had the same gap insurance at a lower cost.
When we contacted the dealer to tell them that we have provided our own financing, the F&I guy tells us that the loan was already funded through Wachovia and that we should deal with them. There was a lot of back and forth but essentially we were supposed to request the gap insurance refund from the dealer. We comply with their instructions which were to fax a letter requesting the gap insurance refund. I contact the F&I guy confirming that he received the fax and that he will be able to process the refund and he confirms YES.
Through the course of the next 8 months I have been “hounding” this F&I guy as to when he will be sending me the refund. Every time I call I get a response like “It’s already being processed” or it takes “60 to 90 days”. My last contact in December was with the business manager (I believe). The last thing he told me was that they were going to conduct an investigation and it would take 30 days. It has been 5 months and I have not heard a thing.
It is safe to say that these guys have no intention of refunding me the gap insurance.
The gap insurance is $750; can I pursue them in small claims? If so is it fair to include the cost of the court filing fee, what legal consultation fees I might incur and interest on the $750 for 15 months?
Thanks for your help.What is the name of your state (only U.S. law)?