annielee77
Junior Member
What is the name of your state (only U.S. law)? California
I purchased my car in 2010 from Rector Audi (new Audi Burlingame), brand new. In 2012, I purchased the "Audi Care" package from the same dealership. The Audi Care package covers 15,000, 25,000, 35,000, and 45,000 miles services.
Last week (07/2015), my husband took the car back to be serviced. The odometer is at 42,000 miles. However, the dealership infomed him that the maintenance package has expired. They showed him a document of the original car purchase order and told him that since the car was purchased in April 2010, the contract has expired. I pulled out the contract of the "Audi Care" which was purchased in April 2012 and told them that they have made a mistake. Instead, they told me that it is Audi's policy that the service contract expires five years from the "in-service" date, which was defined as the date the car was purchased. This particular language was on the Audi Care contract, but there was no definition of what "in-service" date is or where to find that information, and the only date listed on that contract was the purchase date of the contract which was April 2012. When I voiced my concerns of the ambiguous "in-service" date definition, I was told to bring the contract I have back to the dealership and they will file a claim to Audi.
The next date, my husband went back with the contract in hand. The dealership refused to reach out to Audi for us and told him that we need to resolve this directly with Audi. Meanwhile, they offered to offset this if he purchases additional extended service contract.
I find this practice extremely distasteful and deceptive and plan to take this to court. My questions are:
1) should I name the dealership or Audi USA as the defendant?
2) Would you recommend that I file this in Small Claim Court or seek counsel?
3) Can I ask for punitive damage due to the deceptive nature of the contract?
Thank you for your help!
I purchased my car in 2010 from Rector Audi (new Audi Burlingame), brand new. In 2012, I purchased the "Audi Care" package from the same dealership. The Audi Care package covers 15,000, 25,000, 35,000, and 45,000 miles services.
Last week (07/2015), my husband took the car back to be serviced. The odometer is at 42,000 miles. However, the dealership infomed him that the maintenance package has expired. They showed him a document of the original car purchase order and told him that since the car was purchased in April 2010, the contract has expired. I pulled out the contract of the "Audi Care" which was purchased in April 2012 and told them that they have made a mistake. Instead, they told me that it is Audi's policy that the service contract expires five years from the "in-service" date, which was defined as the date the car was purchased. This particular language was on the Audi Care contract, but there was no definition of what "in-service" date is or where to find that information, and the only date listed on that contract was the purchase date of the contract which was April 2012. When I voiced my concerns of the ambiguous "in-service" date definition, I was told to bring the contract I have back to the dealership and they will file a claim to Audi.
The next date, my husband went back with the contract in hand. The dealership refused to reach out to Audi for us and told him that we need to resolve this directly with Audi. Meanwhile, they offered to offset this if he purchases additional extended service contract.
I find this practice extremely distasteful and deceptive and plan to take this to court. My questions are:
1) should I name the dealership or Audi USA as the defendant?
2) Would you recommend that I file this in Small Claim Court or seek counsel?
3) Can I ask for punitive damage due to the deceptive nature of the contract?
Thank you for your help!
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