Extended warranty sold under false pretenses/advertisement and now dealership refuses to refund ***Customer*** as stated on signed contract.
In 2009, I was sold the extended warranty for up to 100,000 and/or 60 months whichever came first. Ron Hibbard representative, ***** ******** sold me the coverage and handled our paperwork/financing that evening when I purchased my car. When she was going over the coverage with me she explained that if I did not use the extended coverage then once I reached my 60 months or 100,000 miles then the $1129.00 would be automatically refunded to me and it would be sent to me in the form of a check. She said I had nothing to lose if I didn't use the coverage, so I determined that I should get the coverage since I would get the funds back if not used and I do put over 100 miles on my car each day. I called Ron Hibbard Dealership offices last year when I reached my 100,000 miles and was told that I had to wait until the expiration date (8/1/2014) to claim my refund and that the refund is not automatically sent to me as ***** had told me when I purchased the warranty and my car. I was then instructed that I had to provide certain items that were listed on the back of my paperwork to receive my refund. So for over a year I have kept up with my expiration date to ensure that on 8/1/2014 that I would not forget about my refund. On 8/1/2014, my car reached the 60 month mark and is roughly 138,000 miles. I visited Ron Hibbard Toyota on 8/2/2014 to inquire about getting my refund sent in to be processed. Mr. *********, made copies of my Toyota paperwork and filled out a cancellation form and said it would be a few weeks to process and I would receive a check in the mail for my refund. He indicated that the cancellation form was all that was needed to get my refund. I called on 8/22 to check the status of the refund because I am in great need for these funds and have been counting on them for over a year. Mr. ********* checked to see that the paperwork had been sent in however then informed me that if my car still has a lien on it, which it does by Toyota Financial, then my refund would be sent directly to Toyota and be taken off the back end of the balance that I still owe against my car. I was sold the extended warranty with the promise and understanding that a check would be sent to me if I did not use the coverage. ***** ******* did NOT indicate that I had the responsibility of keeping up with the expiration date and need to submit additional paperwork to claim get the reimbursement. She nor anyone else with Toyota has ever indicated that the refund would be sent to Toyota if I still owed money for the car until Mr. ********* informed me of this on Friday August 22 when I called to check the status of my reimbursement. When I purchased the additional coverage ***** specifically said it was paid to me if the coverage was not used. I have been counting on these funds for several months. I have looked more closely at ALL of the documents that I signed when I purchased the extra coverage and no where does it state that I am not due the refund if my car still has a lien on it. It says, ***Reimbursement Guarantee: The dealer named on reverse side agrees to reimburse named customer only, the Service Contract Selling Price, not to exceed $4,000.00, in the event the customer complies with the following conditions:*** I have met all of the conditions on the paperwork that I signed in 2009 now I the dealer, Ron Hibbard Toyota, to follow through with the refund that I was guaranteed in writing! It does not state that the refund guarantee is to Toyota, Toyota Financial, and/or Ron Hibbard Toyota, it said it is to the named customer. I, am the named customer on the paperwork. On 8/25/2014, gentleman by the name of ******* called from Ron Hibbard Toyota that said the terms on your reimbursements have recently changed over the past few weeks and now there is additional paperwork etc. that I had to provide. On 9/16/2014, I received another call from Toyota requesting additional pictures to process, which again is not part of the contract I signed in 2009.
I am requesting the $1129.00 refund I am due based on the contract I signed in 2009 with Ron Hibbard Toyota. I have met my obligations and furnished all necessary items based on the requirements stated on the contract I signed in 2009.
We have been in communication with this customer, regularly updating her on the progress of the refund process.
The Express Refund Guarantee included in this customer's purchase, was financially backed by a company that has since been declared insolvent.
We understand that this does not affect the customer's right to a refund, but it has created some unanticipated documentation requirements by the insurers that were brought in to clean up the mess and frankly, some minor delay in processing refunds.
The customer complaint that the refund would be sent to their benefit against their Toyota Financial Services loan which funded the purchase, has been noted and the refund will go instead, directly to the customer.
This customer states in the complaint, that they are "the named customer on the paperwork." To be clear, the purchase and the refund name two individuals, as will the refund check.
All documentation has been submitted and the refund is being processed by the insurer.
As we have previously notified this customer, we expect to have the refund processed and completed by the end of this month, so by Tuesday, September 30.