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|Re: American Guardian Warranty, a total ripoff in my opinion by Scott Kraft|
|Update: I finally sued AGW and Won!
They hired a local attorney and brought out their "heavy weight" from Chicago. I won. I did not use an attorney. However, I had a stack of evidence and contemporaneous notes and some phone recordings of my dealings with AGW. I was able to get them to submit to the judge copies of their database. However AGW petitioned the Court (and won) to seal these records so I could not even read them as they were concerned I would use them for against them for some "bigger plans". My opinion is they were concerned about a class action lawsuit.
I did win however, as the Judge looked at the database printout in chambers. However, AGW did not pay. Instead AGW appealed and I had to start all over in appeals court.
In appeals court I was able to force them to provide copies of several reports that had been sealed by the prior judge. These copies revealed what I had suspected and that is that AGW did not tell the truth about what the independent inspector said.
AGW's representative from Chicago, under oath, said the inspector found no validity in the dealers claim.
However, a review of the inspector's actual report said the opposite. The inspector said that the dealer was correct and if the item was covered to repair it. There was no dispute that the item was covered.
AGW claim that the inspector did not support my claim was the "nail in the coffin" in my opinion.
I not only won but I was awarded more than in the first trial. AGW paid me through their attorney my full awarded amount!
FYI: AGW tried to say claim was a pre-existing condition. However, I had a pre-purchase inspection by an independent party that confirmed all was fine.
AGW tried to cloud issues as to where I lived and where I broke down to avoid paying travel expenses. The lost.
The only area AGW beat me on was they did not have to pay the full Mercedes labor amount even though my contract says the dealer of my choice. I think I could have done a better job, and won this issue. It was not very much money as it was only one repair at a dealer in Orange County California that regularly serviced my Mercedes before I moved. (i.e this was just a small part of my entire claim) I just did not have evidence that all service centers in Orange County are expensive and being a Utah Judge use to a $35.00 hourly shop rates, the Judge was not convinced that the $100.00 plus hourly shop rates are normal in California.
FYI: The nearest Mercedes dealer to the trial location was 3.5 hours. If I had had a 4 while drive truck I would have been set! (LOL).
If there is a large law firm that would like a great opportunity for a class action lawsuit, this is a good one in my opinion. I have received e-mails over the years from others who experienced the same issues I did. I have awesome information of AGW record keeping and databases, and there is a sealed copy in the Utah Courts so AGW could not make changes if they were so inclined. There are thousands of customers that would be affected by a class action lawsuit. If there is any firm that wants to give this a go, please feel free to contact me for information on how I won, and what information I uncovered.
FYI: This was not easy and took hundreds of hours. I had to park my Mercedes S500 for 2 years and not use it, to preserve the evidence. I had to consult with several experts and make numerous Court appearances. I had to survive motions to dismiss, etc. Each time, I researched case law, and respond to motions. I survived the process and WON, and have collected a lot of documents. I have also formed an opinion of how AGW operates, and I have evidence that they did NOT follow the advice of the inspector in my case. I suspect I do not stand alone.
Good luck to all of you out there that are fighting this same battle and the supportive e-mails throughout the years.