Cancel Contract by car dealer (TX)

What is the name of your state?From Texas:

2/21/05 purchased a Toyota from the dealer with a Pre-paid maintenance program......looking at it now----no where in the purchase agreement does it reflect any charges for the maintenance program...although I did fill out an application for the program(which I pay beforehand, but get approved later by 3rd party who admisters program) So, I assumed everything was done at that point.

3/1/05 received letter from dealer/3rd party to welcome me into program and received my coupons for maintenance upto 60,000miles

3/05 decided to payoff my car

7/05 did my first maintenance, service advisor called 3rd party to confirm I was active and eligible

9/19/05 received letter from 3rd party about cancellation.

My main point is that the DEALER cancelled the contract with the 3rd party without my knowledge. They used a cancellation form and under "customer signature" placed the heading "see attachment" and attached my purchase agreement (contract) for the car. My question is do they have the legal right to sign for me without my consent. I've called the 3rd party and they've told me that they usually always make sure that it is the sutomer's signature and it is partly their fault it was cancelled.

Would this be considered fraud? since I have never given permission for any cancellation or to even use my signature or any sort on any forms. I believe I do have a legitimate case which I am considering to pursue against the dealer.

Thank You in advance for your reply

If the maintenance program admits they made a mistake, won't they reinstate your service if you ask?

It would not really be fraud ... more like intentional interference with contract.

rdprx said:

Would this be considered fraud?

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No.

Though your 'conveniently' didn't come out and say it.... simple logic suggests there are numerous things that you may have left out....
1) You IMPLY that the dealership screwed up by not charging you for the 3rd party warranty that you THOUGHT you purchased. Did you pay for the warranty??
2) Did the dealer contact you about this 'error'... and you refused to refused to resolve it.

This is supported by the FACT that if you had paid for the warranty, most persons would have argued that from the start ("I paid for a warranty and didn't get it!!").

If you did NOT pay for the warranty AND/OR if you failed to respond to their requests to resolve, then the dealer was within their rights to 'cancel' the service you didn't pay for... and to do so by providing a copy of your agreement showing that you were not charged.... and didn't pay for it.

I believe I do have a legitimate case which I am considering to pursue against the dealer.

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The only question is.... DID you pay for the warranty??
If so, then simply provide proof of payment.
If not, then you have no case..... or claim.




Thank You in advance for your reply[/QUOTE]

How much do you care to bet that the warranty was offered on the condition the car was financed (presumably through that dealer)? Thus, writer buys car with dealer financing, gets "free" warranty, pays car off 1-2 weeks after purchase, then wonders where the free warranty went. Hmmm.

Or MY scenario.....
Buyer wants extended service policy and agrees to pay it. All the paperwork is completed showing policy purchased..... except it was omitted from the purchase order by mistake... and wasn't paid for.
When the dealer realized their mistake, they tried to contact poster.... only to be ignored.
So, rather than 'eat' the loss, they cancelled the service policy by providing a copy of the purchase contract showing that service policy was NOT included and NOT paid.

JETX said:

Or MY scenario.....
Buyer wants extended service policy and agrees to pay it. All the paperwork is completed showing policy purchased..... except it was omitted from the purchase order by mistake... and wasn't paid for.
When the dealer realized their mistake, they tried to contact poster.... only to be ignored.
So, rather than 'eat' the loss, they cancelled the service policy by providing a copy of the purchase contract showing that service policy was NOT included and NOT paid.

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1. Dealer NEVER tried to contact me by phone (home or work) or by mail....ONLY way I found out my service plan was cancelled was by the 3rd party--saying CUSTOMER cancelled and refund was issued to dealer.

2. Granted dealer made mistake, BUT never contacted me. I have a application for PRE-PAID service plan signed by me and dealer.... I got authorized and approved for plan in MARCH and had my 1st serive FREE in JULY-----that means it was PAID for.

3. DEALER realized mistake and took action by itself in Sept. using my signature. (THIS is what i'm UPSET about the MOST)

rdprx said:

Dealer NEVER tried to contact me by phone (home or work) or by mail....ONLY way I found out my service plan was cancelled was by the 3rd party--saying CUSTOMER cancelled and refund was issued to dealer.

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How do you KNOW what two other persons said or didn't say. The ONLY thing you KNOW is.... the extended service policy was cancelled..... and apparently by the dealer sending a copy of your contract showing that the policy was NOT purchased.

Granted dealer made mistake, BUT never contacted me. I have a application for PRE-PAID service plan signed by me and dealer.... I got authorized and approved for plan in MARCH and had my 1st serive FREE in JULY-----that means it was PAID for.

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No it doesn't. The only thing it shows is that the dealer contacted the policy provider, in error, and told them you had purchased a policy. They (policy provider) then sent you a letter and information. It does NOT mean it was paid for....

DEALER realized mistake and took action by itself in Sept. using my signature. (THIS is what i'm UPSET about the MOST)

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No he didn't. Your own post says that he provided a copy of the contract with your signature showing you did NOT pay for the policy.

This is really very simple....
Either you paid for the policy and it should be provided, or
You didn't pay for the policy and they caught you and corrected their error.

And the ONLY relevant question that you again 'forgot' to answer..... DID YOU PAY FOR THIS EXTENDED POLICY???

Sounds like this idiot works for Bush

BelizeBreeze said:

Sounds like this idiot works for Bush

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More likely Kerry... as the truth is beyond his grasp also.