altered contract

[cfdavis]

When I purchased a used car, I also was sold an extended 45,000 mile warranty (called the "Gold Program") that included other things than just repair- things such as rental car,towing,hotel, food, etc. if breakdown happens 100 miles from home. When my car broke down in Savannah, I made a claim for repairs and all my other expenses. The Warranty Co. paid only a small portion of the repair bill, and sent a letter along with the check stating that I indeed DID NOT have the Gold Program, but their "Factory-Plus Program", which did not cover any of the things I was claiming, and that the difference in the price of the two plans had been adjusted to the dealer's cost.There was also attached, a copy of my original contract, that had been altered, with "45,000 mi. Gold Program" crossed out and altered to read "36,000 mi. Standard Program". The dealer (Sherold Salmon Motors- Rome, GA), said that yes, that was true, but there was nothing that they were willing to do. I am prepared to go to small claims court, since neither the Warranty Co. nor the Dealer is willing to accept responsiblity, but which do I sue? Who is responsible? I have MY copy of the original contract which does not have any alterations on it. If I had never had to make a claim, I would never have known that I had paid for the Best Warranty the company offered, and had actually received the worst warranty they had. So Bad in fact that it was not even an option on the contract, the only available options were, Gold, Premium, and Standard.
Thanks in advance for any help you see fit to provide. I live in GA


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[This message has been edited by cfdavis (edited March 25, 2000).]

 

[lars coltrane]

Sue them both and sue them for fraud. You may even consider meeting with an attorney on this type of case. If you can prove the fraud, the case has value greater than small claims. It would be alot of work, but if you paid for something, and have the original contract, it is worth meeting worth meeting with a lawyer to get their take. In fact, I would suggest meeting with several if the first few tell you they see nothing. If then you get the same advice, sue both in small claims and include a claim for what you are out of pocket and for fraud.

 

[cfdavis]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
Sue them both and sue them for fraud. You may even consider meeting with an attorney on this type of case. If you can prove the fraud, the case has value greater than small claims. It would be alot of work, but if you paid for something, and have the original contract, it is worth meeting worth meeting with a lawyer to get their take. In fact, I would suggest meeting with several if the first few tell you they see nothing. If then you get the same advice, sue both in small claims and include a claim for what you are out of pocket and for fraud.<HR></BLOCKQUOTE>

 

[cfdavis]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
Sue them both and sue them for fraud. You may even consider meeting with an attorney on this type of case. If you can prove the fraud, the case has value greater than small claims. It would be alot of work, but if you paid for something, and have the original contract, it is worth meeting worth meeting with a lawyer to get their take. In fact, I would suggest meeting with several if the first few tell you they see nothing. If then you get the same advice, sue both in small claims and include a claim for what you are out of pocket and for fraud.<HR></BLOCKQUOTE>

Thanks for the advice - I am considering the options you suggested. However, I have a couple of questions that maybe you can help me with. If I do decide to obtain a lawyer (if I could find one who is interested), what kind of lawyer should I get, general practice? or other? And if i decide to go the small claims route, can I ask for punitive damages? If so, how much?

 

[lars coltrane]

You want to get a trial lawyer. It may take several calls to find the right lawyer, but make the calls. Then, if that doesn't work, try small claims. While you are talking to lawyers, they may be able to advise you on the small claims issue that your raise.