• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cancel home warranty contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mstree01

Junior Member
What is the name of your state? California

I renewed and paid for a home warranty policy on 10/10/2007, for a policy date beginning 11/20/2007. We decided that we did not want to renew the policy and attempted to cancel the renewal on 11/13/2007. We were told that the policy is non-cancelable but if we sent a fax asking for cancellation they would cancel the policy and refund our premium. It has been two weeks and we have not received a refund. I've tried to contact the person who said to send the fax and they are not responding (I've left voicemails). What, if anything can I do? The premium was paid on a credit card over 1 month ago. Can my credit card company do anything at this point? Does non-cancelable really mean that? Thank you.
 


M

mstree01

Junior Member
No, Zigner, I'm not kidding, just want some guidance as to what my options are at this point and not fully understanding what "non-cancelable" could mean in my state (California). Does the fact that I contacted them to cancel the contract before the effective date have any bearing? Is this worth pursuing?
 
Zigner

Zigner

Senior Member, Non-Attorney
When you add "non" to something, it means the negative. ie: Non-removable=cannot be removed. Non-refundable=cannot be refunded. Non-cancelable=cannot be canceled.
 
H

HomeGuru

Senior Member
mstree01 said:
What is the name of your state? California

I renewed and paid for a home warranty policy on 10/10/2007, for a policy date beginning 11/20/2007. We decided that we did not want to renew the policy and attempted to cancel the renewal on 11/13/2007. We were told that the policy is non-cancelable but if we sent a fax asking for cancellation they would cancel the policy and refund our premium. It has been two weeks and we have not received a refund. I've tried to contact the person who said to send the fax and they are not responding (I've left voicemails). What, if anything can I do? The premium was paid on a credit card over 1 month ago. Can my credit card company do anything at this point? Does non-cancelable really mean that? Thank you.
Click to expand...
**A: why did you not dispute the charge with your credit card company?
 
R

RuGa

Member
Non-....

On a more pleasant answer to your question.... Contact your Credit Card company and explain the problem. Depending on who issued your CC you have a good chance of having a reverse-charge applied. As the 'contract' did not start yet (the covered time) you may well be able to recoup your money.
Look closely at the contract and see if any 'disclosures' are apparent which gives you the right to cancel if the 'covered' time has NOT started...
 
Zigner

Zigner

Senior Member, Non-Attorney
A CC dispute will not likely work in this situation. OP willingly entered in to a contract that does not allow for cancellation.
If the CC does happen to side with the OP, our OP can expect to hear from a collection agency.
 
M

mstree01

Junior Member
Thanks to all who have replied. I wasn't sure if contacting my credit card company would work given the amount of time that passed (one billing cycle already). Yes, the contract does state that it can be canceled for fraud, non-payment or misrepresentation of facts. One of the reasons we wanted to cancel was the service call fee was increased by $10 and we weren't aware of that until we received the contact after the premium was paid.

I finally did receive an answer from the company who stated that the original fax that we sent was not signed and if we faxed a signed copy of the cancellation request, they would give us a refund of our premium. Not sure why nobody told us this when the fax was sent 3 weeks ago. We have faxed a signed copy of the cancellation letter and I expect to receive our refund soon. Sometimes it pays to be persistent.
 
Zigner

Zigner

Senior Member, Non-Attorney
mstree01 said:
Thanks to all who have replied. I wasn't sure if contacting my credit card company would work given the amount of time that passed (one billing cycle already). Yes, the contract does state that it can be canceled for fraud, non-payment or misrepresentation of facts. One of the reasons we wanted to cancel was the service call fee was increased by $10 and we weren't aware of that until we received the contact after the premium was paid.

I finally did receive an answer from the company who stated that the original fax that we sent was not signed and if we faxed a signed copy of the cancellation request, they would give us a refund of our premium. Not sure why nobody told us this when the fax was sent 3 weeks ago. We have faxed a signed copy of the cancellation letter and I expect to receive our refund soon. Sometimes it pays to be persistent.
Click to expand...
While I agree with the "persistence" statement...I think this shows something else even better. The best "offense", in most cases, is an open line of communications with the other party. Far too often people perceive themselves to be wronged and, immediately, seek legal remedies. Quite often, a polite telephone call or letter works WONDERS! :D


(Oh, and, congratulations!)
 
H

HomeGuru

Senior Member
Zigner said:
A CC dispute will not likely work in this situation. OP willingly entered in to a contract that does not allow for cancellation.
If the CC does happen to side with the OP, our OP can expect to hear from a collection agency.
Click to expand...
**A: I disagree. I have worked with clients that have disputed charges even though the signed contract contained such a clause.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top