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Refund for car service that I did not recieve

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Tommytwo

Junior Member
New York

I purchased a used car three years ago. In that purchase I rolled an undercoat service into it from the dealership. (I have since learned this was probably not the best idea.) I tried twice to have the service performed but their times were restrictive relative to my work and I also canceled my appointment the second time. So once the winter was over and the salt was no longer covering the road I didn't have any need for the undercoat. Shortly after, I moved overseas and did not drive the car during the next winter.

Fast forward to now, three years later, I want the money I paid them for the service that never occurred since I'm moving away soon. I went to the dealership and the salesman told me I would have to wait until tomorrow when his general manager comes in. He seemed like it was reasonable at first, but as our conversation went along, I could tell he was trying to indicate that they do not have to pay me back. He then said that I only have 6 months to get a refund and that was "in black and white". He didn't have any agreement to show this and definitely did not have the loan agreement that I signed on hand to prove this.

Just curious if I have a leg to stand on here or if the period of time to recover this money in in the past. I looked at numerous consumer websites and this type of scenario is obscure to the point of it not being in their information that is readily available. The scenarios normally cover purchasing a physical product and then trying to refund it. I don't see much about not ever receiving a service and then trying to recover the money that was handed over.

Thank you.
 


Zigner

Senior Member, Non-Attorney
New York

I purchased a used car three years ago. In that purchase I rolled an undercoat service into it from the dealership. (I have since learned this was probably not the best idea.) I tried twice to have the service performed but their times were restrictive relative to my work and I also canceled my appointment the second time. So once the winter was over and the salt was no longer covering the road I didn't have any need for the undercoat. Shortly after, I moved overseas and did not drive the car during the next winter.

Fast forward to now, three years later, I want the money I paid them for the service that never occurred since I'm moving away soon. I went to the dealership and the salesman told me I would have to wait until tomorrow when his general manager comes in. He seemed like it was reasonable at first, but as our conversation went along, I could tell he was trying to indicate that they do not have to pay me back. He then said that I only have 6 months to get a refund and that was "in black and white". He didn't have any agreement to show this and definitely did not have the loan agreement that I signed on hand to prove this.

Just curious if I have a leg to stand on here or if the period of time to recover this money in in the past. I looked at numerous consumer websites and this type of scenario is obscure to the point of it not being in their information that is readily available. The scenarios normally cover purchasing a physical product and then trying to refund it. I don't see much about not ever receiving a service and then trying to recover the money that was handed over.

Thank you.
You're still within the time limit for the SOL on contracts in your state, HOWEVER, the reason why the service wasn't performed is because of you. I would suggest that you ask them to apply the undercoat, as you contracted.
 

Tommytwo

Junior Member
You're still within the time limit for the SOL on contracts in your state, HOWEVER, the reason why the service wasn't performed is because of you. I would suggest that you ask them to apply the undercoat, as you contracted.
Thank you for the reply! Sorry, I didn't think to mention it, but during my divorce I gave that car to my spouse. It's about 800 miles away. The salesman actually asked about the car, maybe that was what he was getting at. It just wouldn't be feasible at this point.

I guess I will do my research on the SOL for NY State and bring that with me tomorrow. I do understand that it was my fault and not their fault though and that it's not optimal for them to hand the money back to me. The service just can't be accomplished at this point.
 
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Zigner

Senior Member, Non-Attorney
Thank you for the reply! Sorry, I didn't think to mention it, but during my divorce I gave that car to my spouse. It's about 800 miles away. The salesman actually asked about the car, maybe that was what he was getting at. It just wouldn't be feasible at this point.

I guess I will do my research on the SOL for NY State and bring that with me tomorrow. I do understand that it was my fault and not their fault though and that it's not optimal for them to hand the money back to me. The service just can't be accomplished at this point.
...but not because they are refusing to do it.
 

adjusterjack

Senior Member
The service just can't be accomplished at this point.
Which is nobody's fault but your own.

As long as the dealer is still willing to perform and you can't produce the car you can forget seeing any money back.

As for anything in black and white if you don't have your purchase papers anymore that's on you.
 

Tommytwo

Junior Member
Which is nobody's fault but your own.

As long as the dealer is still willing to perform and you can't produce the car you can forget seeing any money back.

As for anything in black and white if you don't have your purchase papers anymore that's on you.
I completely understand this. I'm not trying to find a way to swindle the dealer here. I'm just making sure that I understand my options. Based on what I have read in the UCC and NY Contract Law literature over the past hour, the dealer has no obligation to give me any money back or even perform the service at this point. I'm sure the contract did not leave an open ended time frame to fulfill the service, if the sales person stated 6 months, I'm fairly confident that their contracts state six months as the period they are obligated to perform the service.

I still intend to ask the manager for a refund, but I'll understand it's an option for him and he's not legally bound to refund me. I will learn from this and in the future have more knowledge of each parties' responsibilities within the contract. Not to mention keeping the contract on hand to refer to.

Thanks for the feedback. This is an interesting forum that I didn't know existed.
 

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