Radar detector issue in a 928
02-04-2010, 10:47 PM
#1
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Radar detector issue in a 928
I have a Escort 9500CI in my 928.
It is about 18 months old, I bought a 2 year extended warranty on it, had a problem last week, called Escort and we decided it needed to be returned to the factory.
When I called today I was told that they "Made a mistake", that they do not sell a extended warranty on the 9500CI, but they are willing to give me the money back for the warranty, but they will not honor it.
I rarely get angry, but folks, that did make me angry and I am not sure how to proceed with this.
Any suggestions?
It is about 18 months old, I bought a 2 year extended warranty on it, had a problem last week, called Escort and we decided it needed to be returned to the factory.
When I called today I was told that they "Made a mistake", that they do not sell a extended warranty on the 9500CI, but they are willing to give me the money back for the warranty, but they will not honor it.
I rarely get angry, but folks, that did make me angry and I am not sure how to proceed with this.
Any suggestions?
02-04-2010, 11:03 PM
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Seems to me that if you have something in writing that says you have a warranty, and they took your money, then you have a warranty whether they like it or not.
But I didn't go to law school....nor did I stay at a Holiday Inn.
Most states Attorney Generals offices don't take kindly to this kind of consumer fraud. Maybe call their office and talk to someone?
But I didn't go to law school....nor did I stay at a Holiday Inn.
Most states Attorney Generals offices don't take kindly to this kind of consumer fraud. Maybe call their office and talk to someone?
02-04-2010, 11:11 PM
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I agree. My experience is that if you have a contract, even if they sold you something they "shouldn't" have, they must honor it. Last year one of my coworkers bought a car with some insanely low financing. They gave her something like 0.8% for a long-*** time instead of 8%. She signed on the line, they came back a couple days later saying they'd made a mistake. Too bad for them, they were forced to honor their original agreement.
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02-04-2010, 11:21 PM
#8
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They say it was water damage, BS, it is mounted in the CE panel.
Not sure how I can argue that point though.
I am not going to just let this slide, I will buy a new interface just to get going again, but that will not be the end of it.
Not sure how I can argue that point though.
I am not going to just let this slide, I will buy a new interface just to get going again, but that will not be the end of it.
02-04-2010, 11:38 PM
#10
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I think you have a cause of action for breach of contract, for breach of an express warranty and for breach of their duty of good faith as expressed in the Uniform Commercial Code, which I feel certain has been adopted in just about every state.
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
02-04-2010, 11:41 PM
#11
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So have you used one, or are you just saying things you know nothing about?
I have had both, the 9500CI is miles ahead of the V1.
02-04-2010, 11:51 PM
#12
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I think you have a cause of action for breach of contract, for breach of an express warranty and for breach of their duty of good faith as expressed in the Uniform Commercial Code, which I feel certain has been adopted in just about every state.
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
02-04-2010, 11:54 PM
#13
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I think you have a cause of action for breach of contract, for breach of an express warranty and for breach of their duty of good faith as expressed in the Uniform Commercial Code, which I feel certain has been adopted in just about every state.
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
Next is the question of what is your damage? I suppose that if they are not going to honor the warranty that may mean that they are not going to fix it. If that means that they are going to fix it but you must pay for the repair, I would say to have them return it. Then I think your damage is the cost of a new one unless you can easily, or even with difficulty, get it fixed elsewhere, then your damage is the cost of repair. That would be the cost of repair or the replacement cost plus the cost of the extended warranty.
You also need to see if there is any special measure of damage for breach of their legal duty of good faith, such as at least paying your attorney fees. Go on line and review the UCC for your state.
Then I suspect that you can sue them in your local court. You may not be able to use your small claims court because the venue requirements are probably different than your next level of court. The next level will probably not be too difficult for you to deal in since I suspect a lot of cases are done there without attorneys. File the suit and claim all the damages that you can cram into the complaint that you can find any merit to and get them served.
Another thought is that there might be a statute in your state that provides for what is known here as Civil Theft Damages. Basically it provides for treble damages when someone steels something from you and for attorney fees. That might be the basis upon which they took your money for the extended warranty especially since they did not give you notice much before of the supposed mistake. I think it is a little like saying that "OK, I robbed the bank but now that I am caught I'll give the money back." See if you can find your civil theft statute. I would look in the criminal code for your state under rights in stolen property which is where I think ours is.
I suspect that when they get sued they will pony up., When they offer to I would suggest that you settle only for the repair of your item and for another new one to boot for your trouble; plus both of them warranted for two more years.
Jerry Feather
They are really trying to get me to take the money back for the extended warranty, not going to happen.
I have never sued anybody in my life, I doubt I am going to start now, but it is tempting.
I think I will just ask for them to send my old one back and pay full price for a new one and go from there.
02-05-2010, 12:36 AM
#14
Nordschleife Master
You don't need to sue them.
Send them a polite letter explaining the situation clearly, and what outcome you expect that will resolve the dispute (i.e. honoring the warranty they sold you). Also be clear that should they not wish to honor the warranty, you'll have to file a Consumer Complaint with the Ohio state Attorney General's office.
Then if they still decline to honor their obligation, just fill out the form (there's also a web-based version of it off the homepage):
http://www.ohioattorneygeneral.gov/f...aint-Form.aspx
You don't need to have a lawsuit or lawyer.
In the meantime, leave the device and offers of refunds with them, and source the replacement as a separate transaction to avoid muddying the waters.
In my experience, a polite letter stating clearly what outcome I'd like that is obviously cheaper/easier for them as well than the alternative works wonders.
Send them a polite letter explaining the situation clearly, and what outcome you expect that will resolve the dispute (i.e. honoring the warranty they sold you). Also be clear that should they not wish to honor the warranty, you'll have to file a Consumer Complaint with the Ohio state Attorney General's office.
Then if they still decline to honor their obligation, just fill out the form (there's also a web-based version of it off the homepage):
http://www.ohioattorneygeneral.gov/f...aint-Form.aspx
You don't need to have a lawsuit or lawyer.
In the meantime, leave the device and offers of refunds with them, and source the replacement as a separate transaction to avoid muddying the waters.
In my experience, a polite letter stating clearly what outcome I'd like that is obviously cheaper/easier for them as well than the alternative works wonders.
After I bitched about it they offered to knock 70 bucks off of the price of the interface off and refund my thirty back on the warranty.
They are really trying to get me to take the money back for the extended warranty, not going to happen.
I have never sued anybody in my life, I doubt I am going to start now, but it is tempting.
I think I will just ask for them to send my old one back and pay full price for a new one and go from there.
They are really trying to get me to take the money back for the extended warranty, not going to happen.
I have never sued anybody in my life, I doubt I am going to start now, but it is tempting.
I think I will just ask for them to send my old one back and pay full price for a new one and go from there.
02-05-2010, 01:05 AM
#15
Chronic Tool Dropper
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Ask them for ALL the money back and you'll give them the broken parts. Then YOU can decide whether you want another one from them or a different one from a competitor. Let them know that you agree that they made a mistake selling you the PACKAGE, and that you are willing to settle for your purchase price and walk away. In many contracts you don't have the option of picking and choosing the parts you like.
Your case is kind of like buying car insurance, and the underwriter decides that since you had an accident he had made a mistake selling you the insurance and doesn't really want to pay. Duhhhh, that's exactly why you purchased the insurance, and why the selller represented to you what the insurance covers using his own contract. Had you known in advance that they wouldn't honor the contract, you might have made a different decision.
What credit card did you use to buy the item? If the seller is in breach, get your money back since the seller did not deliver the goods and services represented. I get along very well with AMEX, and they are kind enough to help mediate little squabbles like this by taking the offenders' monies for me. Your business might be more important to your CC company than it is to Escort.
Your case is kind of like buying car insurance, and the underwriter decides that since you had an accident he had made a mistake selling you the insurance and doesn't really want to pay. Duhhhh, that's exactly why you purchased the insurance, and why the selller represented to you what the insurance covers using his own contract. Had you known in advance that they wouldn't honor the contract, you might have made a different decision.
What credit card did you use to buy the item? If the seller is in breach, get your money back since the seller did not deliver the goods and services represented. I get along very well with AMEX, and they are kind enough to help mediate little squabbles like this by taking the offenders' monies for me. Your business might be more important to your CC company than it is to Escort.