Fricker's 125

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below Regards, [redacted] ***

Check number [redacted] in the amount of $was issued to [redacted] Consumer USA for account number [redacted] ( [redacted] ) Please see attachmen

Consumer paid off the loan per the documents on 5/18/The contract expired by time of months from 10/14/on 4/14/a total of days in forceThe cancellation request effective date of 5/18/ is days after the expiration date of the contract - the contract was fully earned on 4/14/The total cost to the consumer was $per the contract copy Tell us why here

Dear Ms [redacted] , Attached is the response from our Cancellation DepartmentPlease advise if there are any further questions or concernsRegards, March 09, 2017Consumer: [redacted] or [redacted] Contracti: [redacted] E-MAIL: to: Revdex.comof San Diego, Orange & Imperial Counties Attention: [redacted] From: [redacted] 619-228-x [redacted] 619-228-FaxWe wish to inform you that we are unable to process the request for cancellation for the followingContracts cannot be cancelled after a total loss has been processed(See details below):A claim was filed on 2/6/2017CANCELLATION - You may cancel this Waiver any time by mailing or delivering a written cancellation request to the Dealer, Lienholder or Program Administrator within days of the requested cancellation dateIf this Waiver is cancelled within days of purchase, and no Total Loss has occurred, a full refund will be issuedIf this Waiver is cancelled after days from purchase, or if a Total Loss has occurred, the refund shall be calculated using the Rule of refund method (Pro Rata for Ally Financial, Chase and FMCC or as may be required by state lawless a $cancellation feeThe Lienholder will be the payee on any refundThis Waiver will not be reinstated after a cancellation is requestedNo refunds will be issued if a request for benefits has been filedNo cancellation fee for FMCC or in CO, IN, KS, LA, NH, NM, WTW.A request for deficiency has been filed.There is no record of the Contract in our systemWe recommend you return to the selling entity for additional information.The request for GAP coverage cancellation has been receivedThe request for cancellation declares the vehicle a total loss.Please confirm:we acknowledge the vehicle is a total loss - please process thecancellation as requestedWe understand and agree that once a Contract is cancelled, it cannot be reinstated and that no benefits are available for total losses that happen prior to or after cancellation.Disregard the cancellation request and open a claim.Signature, [redacted] ***Director of Claims

Dear Ms***, Attached is the response from our Cancellation DepartmentPlease advise if there are any further questions or concerns. Regards, March 09, 2017Consumer: *** *** or *** *** Contracti: ***E-MAIL: to: Revdex.comof San Diego, Orange & Imperial Counties
Attention: *** *** From: *** ***619-228-x *** *** 619-228-FaxWe wish to inform you that we are unable to process the request for cancellation for the followingContracts cannot be cancelled after a total loss has been processed(See details below):A claim was filed on 2/6/2017CANCELLATION - You may cancel this Waiver any time by mailing or delivering a written cancellation request to the Dealer, Lienholder or Program Administrator within days of the requested cancellation dateIf this Waiver is cancelled within days of purchase, and no Total Loss has occurred, a full refund will be issuedIf this Waiver is cancelled after days from purchase, or if a Total Loss has occurred, the refund shall be calculated using the Rule of refund method (Pro Rata for Ally Financial, Chase and FMCC or as may be required by state lawless a $cancellation feeThe Lienholder will be the payee on any refundThis Waiver will not be reinstated after a cancellation is requestedNo refunds will be issued if a request for benefits has been filedNo cancellation fee for FMCC or in CO, IN, KS, LA, NH, NM, WTW.A request for deficiency has been filed.There is no record of the Contract in our systemWe recommend you return to the selling entity for additional information.The request for GAP coverage cancellation has been receivedThe request for cancellation declares the vehicle a total loss.Please confirm:we acknowledge the vehicle is a total loss - please process thecancellation as requestedWe understand and agree that once a Contract is cancelled, it cannot be reinstated and that no benefits are available for total losses that happen prior to or after cancellation.Disregard the cancellation request and open a claim.Signature, ** ***Director of Claims

This is in response to Ms*** complaint filed with the Revdex.com. The records indicate that Ms*** *** purchased a 60/100k limited Pre-Owned limited contract (the “contract”) on 1/24/with 77,miles for her Chevrolet Equinox, Vin# *** The contract
provides repair for the failure of those parts listed in the schedule of coverages pursuant to the terms and conditions of the contract. Under those specific terms and conditions, the contract does not provide any coverage to the vehicle under the circumstances set forth belowOur review of the file indicates that the transmission claim was denied because the customer failed to submit a copy of the transmission service record at 100K miles in order to verify that service had been performed according to the manufacturer. The vehicle service contract states the following under “YOUR RESPONSIBILITES”: In order for You to receive benefits under the Terms of this Service Contract, You are required to maintain Your Vehicle according to the manufacturer’s recommended service schedule, as shown in Your Vehicle’s owner’s manualAll maintenance on Your Vehicle must be performed by a licensed repair facilityYou must keep verifiable repair facility receipts and work orders indicating the date, mileage and service performedFailure to have the required maintenance performed and/or failure to provide verifiable receipts when requested may result in denial of coverageIt is Your responsibility to have any non-covered repairs or maintenance performed at the time it is recommended(Emphasis added) Since Ms*** *ailed to provide the 100K transmission service record confirming the manufacturers’ maintenance schedule had been followed, the claim was deniedThank you

We contacted Mr*** and resolved his complaint to his satisfaction.The Claims Manger contacted Mr*** and settled his claim by offering to pay replacement of the throttle body based upon Ford factory part retail price in the amount of $373.94, a gasket for $18.40, and labor
hours for $190.00 In total, Mr*** will be reimbursed as a customer courtesy, $582.34.There were other parts included in the invoice; however, these are not covered by the contract. The customer will contact Midas regarding the expense of the replacement of the accelerator pedal assembly and the reflash of the ECM, as these did not appear to be necessary. All of this has been communicated to Mr***, and he is satisfied with this resolutionShould any questions remain, please feel free to contact us. Customer Care [email protected]

To Whom It May Concern: Mr*** purchased a gap contract from NXCESS Motorcars on April 6, in conjunction with the purchase of his Mercedes-Benz S ClassThe gap coverage is an addendum to the financing agreement for the automobile loan and provided coverage for the term of
the financing agreement, in this case sixty-six monthsThe gap benefit is calculated by determining the outstanding balance as of the date of loss and reducing this number by the primary insurance settlement and any other refundable items, if applicableReducing the outstanding balance as of the date of loss (8/26/17) by the total loss settlement provided by Mr*** primary insurance carrier, there was no remaining loan deficiency for the gap contract to coverThe following is a breakdown of the gap calculation:Outstanding balance as of the date of loss (8/26/17): $1,190.82Less Primary Insurance Settlement: ($7,459.01)Gap settlement: NoneThe outstanding balance above was determined based on the original terms of the financing arrangement that the gap contract attachedThe original terms of the finance agreement were as follows:Effective date: 4/6/12Interest Rate: 15.49%Monthly Payment: $608.35First Scheduled Payment Due: 5/21/12If Mr*** followed the above terms of his financing agreement, making all payments on time, every time and for the correct amount, the settlement provided by his primary insurance carrier would have been more than sufficient to pay-off the outstanding balance of his automobile loan as of the date of lossWe are very sympathetic to the loss that Mr*** has experienced due to the recent flooding caused by Hurricane Harvey and are available to assist if he has any further questions or concernsIn conjunction, if Mr*** has any new information that would have a bearing on the adjudication of his gap benefit we ask that he provide it to our office and we would be happy to reviewUnfortunately, based on the documentation provided there was no deficiency remaining under the original terms of the loan for gap to cover.We thank you for the opportunity to address Mr***'s concerns and believe a comprehensive response has been providedHowever, if there are any further questions or concerns, please fill free to contact our office at 800-822-8587, selecting the Total Loss DepartmentRegards,** ***Director of Claims

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this
resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[It is alarming OwnerGuard would reference two sided documents that I have no knowledge ofThe submitted documentation are all original contracts I signed and received during purchase of vehicleI have included the original sales contract which references the $I paid at the time of purchaseI reiterate I purchased GAP insurance from said company, my claim is within the terms of serviceIf they choose not to honor their contractual obligation I am asking as a resolution they return my payment for GAPSubjecting the client to accusations of two sided documents when they have my application and payment on file is unacceptable]
Regards,
*** ***

We are sorry, there are no further comments from the customer

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[I received a copy of the shipping label used for shipping the aforementioned payment to ***At which time I forwarded *** details of the “forthcoming” checkThe tracking number on the label was *** Using this number to track the package, I was informed by USPS and *** that no payment had ever been sentThis severely undermines my confidence in the intentions of the business and also compromises my relationship with ***My fear is that the business will offer to reissue a check only to ship an empty envelopeI would appreciate if the business would honour their commitment to resolve this issue that has been dragging out for over nine months by issuing the check to me and overnighting it to me so that I can pay *** with the assurance that the payment will be final and not subject to subsequent reversal]
Regards,
*** ***

On October 31, OwnerGUARD issued check # *** to *** Finance in the amount of $3,which included interest to date of payment. This check was sent priority mail to *** at their street address *** *** *** *** *** *** ** *** *** *** # ***. Mr*** was notified of this action via e-mail on 10/31/10:a.mby our *** ***. As of today the check has not paid our bank. Copy of check and USPS shipping label provided

Please note that OwnerGUARD serves as the administrator of the Debt Cancellation Addendum (Addendum) and is not at liberty to waiver the terms and condition set forth in the document executed and agreed to by *** *** ***, *** *** *** *** and *** ***. In conjunction,
we must adhere to the specific Addendum language. The Addendum is a part of, and is incorporated into, your financial agreement. In the event of a total loss of the covered vehicle, the amount of debt canceled (deficiency) shall be the difference between the outstanding balance as of the date of loss and the primary insurance settlement, subject to the limitations, exclusions, terms and conditions in the Addendum. The attached is a response letter to the customer dated November 28, 2016, along with a complete copy of the customer's signed Addendum. Please note the Addendum includes the customer's signatures indicating "I acknowledge that I have read, understand, and accept all of the disclosures and all of the provisions of this Addendum. I here by agree that no verbal representations have been made to me that differ from this Addendum. I understand that the dealer/lender/lessor may retain a portion of the cost paid by me. I acknowledge that the information shown above is, to the best of my knowledge, true and correct and identical to the terms of the financial agreement."

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Their reasoning makes no sense I opened a claim because their website says the following:Should I wait until
my insurance pays the lender/lessor before filing a request for GAP coverage?
NoA request for coverage
should be initiated immediatelyIn fact, we recommend that you contact our
office before accepting the settlement offer from your primary insurance
carrier, so that we can offer our assistance when evaluating the evaluation of total
loss
But doing so invalidated my ability to cancel the policy so they basically set you up so that you can't cancel I had no idea *** *** was going to pay the loan in full when I opened the claim, I only opened the claim because I was under the impression that I only had a window of time in which to do so and because that's what they instructed me to do on their website So, I opened a claim but never submitted an amount because I didn't know at the time what the deficit would be if there were a deficit Since there was not, it stands to reason they should cancel the coverage and refund the prorated amount Is this not considered unjust enrichment on their part?
Regards,
*** ***
P.S Please read these reviews, this company has abhorrent business practices: ***

I do not agree with the details of the response to my complaint as a representative from their organization told me in June that I was entitled to a refund of unused premium. I have an incurable disease and this fight is no longer with it to me. However, the outcome of this has made me realize that Ownerguard as well as many other organizations offer consumer's less than credible services on a daily basis. I will NEVER purchase anything like this again thanks to their horrible customer service and deception

Re: *** ***Contract: ***Revdex.com ID#: *** Dear Ms***: This email will respond to your inquiry of July 11, as relates to the cancellation of *** ***’s Guaranteed Asset Protection (Gap) Waiver. Mr*** purchased a Guaranteed Asset Protection (Gap)
Waiver (Waiver) from *** Motors in connection with the purchase of his Nissan Frontier and financing arrangement with *** *** Dealer ServicesThe Waiver purchased by Mr*** is a complete agreement between the consumer and dealer/lender and stands on its own, whether or not the dealer/lender have protected themselves through any kind of insurance programOwnerGUARD is not a party to the agreement but is the administrator of the program. The request to process *** ***’s cancellation was honored by OwnerGUARD and a refund check in the amount of $was issued by OwnerGUARD, for their portion of the refund amount to *** Motors on April 30, 2015. The refund calculation was based on the Rule of 78ths formulaUnder the Rule, each month in the Waiver is assigned a valueAs the months elapse, the cost of the Waiver is earned equal to the total value of the expired monthsMr***’s Waiver effective date was September 24, 2014, cancelled on April 7, 2015, earning monthsThe refund factor of is calculated by first calculating a term (months) factor which is then divided by the earned or in-force factorThe refund factor (0.797875) is then applied to the $original cost of the WaiverOr, $refund to consumer. *** Motors is an independent contractor of the GAP program who would add their portion of the refund amount to the consumerIn response to this inquiry, our cancellation department contacted *** Motors and spoke with GiovanniGiovanni asked that we re-send the cancellation breakdown and they would issue a cancellation refund check to Mr***On July 22, 2015, Giovanni advised that a gap cancellation check was issued and stated that he would contact Mr*** to inform him of the check issuance. We thank you for the opportunity to review this file and work to reach resolutionIf there are any further questions or concerns, we ask that you contact our Cancellation Department at *** *** and select the prompt for Gap Cancellations. Regards, ** ***Director of ClaimsOwnerGUARD an Amtrust Financial CompanyHancock StSte 100San Diego, CA 92110***
***Ownerguard.com

To Whom It May Concern:We believe our previous two responses properly addressed Mr***'s concerns and fully explained how the total loss gap benefit was adjudicated in accordance with the Gap waiver languageHowever, there is one correction to our previous responseThis Gap waiver purchased by Mr*** was a web site generated waiver that *** *** Inc would have had to print and then have Mr*** signBecause the waiver was printed there would have been a separate page recording the terms and conditionsMr***'s signature on the Gap waiver application page provided with this complaint acknowledges that he read and understood all of the provisions of the Gap waiver Please review the bottom of the Gap waiver provided in this complaint by Mr***, where it records" Administrator- White", "Holder-Yellow", "Dealer-Pink" and "Consumer-White"It is the selling dealer's responsibility to provide a signed copy of the Gap waiver to the Administrator, Lender, Consumer and keep a copy for their recordsThe copy of the Gap waiver provided to Mr*** by *** *** Inc should also have included the page with the terms and conditions of the Gap waiver that his signature acknowledged he read and understoodIf *** *** Inc failed to provide Mr*** with the terms and conditions page, we ask that he return to *** *** Inc for resolution.Please note that our company serves as the administrator of the Guaranteed Asset Protection (GAP) Waiver and is not at liberty to waive the terms and conditions set forth in the document executed and agreed to by *** *** Ins, *** *** Dealer Services and Mr*** Regards,** ***Director of Claims

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[Ownerguard just responded with the same letter they already sent us, I still don't except this response because again they are assuming by changing the date of contract I would not pay balance off by the month period, they asked for a modification letter when I provided a letter that stated *** allowed the change now Ownerguard is station by changing date I would have not paid within original contract date which is incorrect be use I pay more then what bill is and I only had 1extention and under in late feesI am asking Ownerguard to reevaluate this and pay what is fair
Regards,
***/*** ***

OwnerGUARD will issue a check to the lender for $3,plus interest. We have reached out to the consumer to confirm the interest rate on his Retail Installment Contract with ***We expect to have this check prepared and mailed to *** by end of day Tuesday 10/31/2017, pending
confirmation of the interest rate