Expert: Charles W. Field - 12/10/2003

Question
I cancelled my contract with an auto warranty company in Aug. 2003 according to their instructions on the contract as well as what they told me over the phone. I was nerver contacted as to the status of my refund so I called them. A rep said a check was sent 8/27/03 (but never arrived). I called the rep 10/10/03 to alert him of this and he said he'd look into it. On 10/24/03 I spoke to the rep who said a new check would be issued and it would take "a week or so...". On 11/24/03 I spoke to the rep who said he would look into the hold up. On 12/2/03 I spoke to the rep who said he "...has the check in his office and needs to have it signed and will send it 2nd Day Certified...". On 12/8/03 I tried to call the rep as to the problem that the check never arrived... he was not available so I left a message. Since that time I have called 7 more times and left messages because he has not been available, I've received no return calls. All total, I've kept records, I have called 18 times and faxed 2 times between 8/12/03 and today 12/10/03. My calls have been at various times of the day (am & pm) to try to catch him. None of my calls have ever been returned. He has acknowledged that this money is due me (less a $50.00 cancellation fee according to the contract) yet I have nothing and no explanation. Thank you for your time and assistance in this matter. Forrest

Answer
You can file a Small Claims Court case for the amount you are owed. Your clerk of court can provide you with forms and probably an instruction sheet. You will need to file this in a county where the warranty company has an office. Once you file, my bet is that they will immediately do the right thing to avoid having to run up attorneys fees.