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A $13k paperweight

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  • A $13k paperweight

    Ok this is actually about something that happened awhile ago, but that I have been dealing with the repercussions of for awhile.

    A couple years ago, we decided that our 40 year old furnace needed replaced. It had been on it's last legs for awhile. While we were at it, Central Air seemed like a good idea. We called around, and got several quotes. 6k for a basic model (note this number and the number in the thread title, this is important).

    So we get all the paperwork, including a 100% money back guarantee if not completely satisfied (for 2 years). No questions asked. Payments would be $176 dollars a month, 6 months same as cash.

    Great. Sounded good. Would even be installed in 3 days, I was on vacation so at least that wouldn't be a problem (me working nights, them working on this thing days). We make the deal. Everything from that point, was a disaster.

    Before installation starts, they want the first months payment. Ok no problem. We pay the 176. Work starts. Takes 5 days..a little longer then planned, but meh. Things happen. Still on vacation, not a big deal.

    Then we get a bill for another 176. We are confused. Contact the company. Oh its 176 to the furnace company a month, 176 a month to the company that financed the money. Twice what we was quoted, twice what we saw in the contract (yes we read it thoroughly).

    Seems they installed the wrong unit, the unit they installed was a 13k one. No problem, we have a 100% money back guarantee right? We can just get them to switch it out for the one they SHOULD have installed.

    The problems with the new system.
    1) Though the 'furnace' part of it works ok, the air part of it works when it feels like.
    2) Too big/powerful for our house. Didn't need that size.
    3) $352/month. We were paying only $200 a month less then our house payment on the monster!

    So we go and tell them to fix it. Three days later they go into bankruptcy. No fixing for us.

    Ok, take the unit back. We are not going to pay for something 1) We didn't order. 2) Was misrepresented 3) Which part of only works when it feels like it.
    Nope...can't do that either. Wait..WHAT???! 100% guarantee? What happened to that? Oh covered in bankruptcy, we are SOL. We still have to pay the finance company. Huh? Wait...WHAT???!!!

    Go to a lawyer, pay $1000 to find out yep, we are SoL. Since a furnace is not something easily 'repossessed', the part that they financed (8k apparently) we are stuck with. The rest is written off (um yay?), but nothing can be done.

    Even though that is NOT what the contract stated, not what was represented to us, and not what we ordered. We are stuck with a 13k paperweight. Yay.

    /rant

    Sorry for the rant, had to get that off my chest. Please resume your regularly scheduled activities.

  • #2
    Shit.

    Does your financing company offer any consumer protection, the way your credit card might? It's unlikely, but perhaps worth asking.

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    • #3
      According to the Lawyer I hired, there is absolutely bubcus I can do. 1) The original contract is with the furnace company, so my 100% money back guarantee, the fact that they installed something I didn't ask for/wasn't on the contract, charged me more, etc means absolutely nothing. 2) The finance company has zero liability to reduce or refund my money.

      I COULD sue the furnace company (breach of contract, fraud, etc), I would win. Since they filled bankruptcy I have a snowball's chance in the center of the sun to actually get back any money. So I would pay out all that money to sue, and STILL owe the finance company. The furnace people already have their money from the finance place, have shut down, and moved out of the town.

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      • #4
        Did you actually sign paperwork with the finance company to the tune of however much they want to charge you for the furnace?

        And if so, how was it that you did so without realizing what you were doing? Did the furnace company misrepresent the documents?

        ^-.-^
        Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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        • #5
          I signed for a payment plan, but let me assure you I read the documents thoroughly. This was a pure case of fraud, which again..I would win against the furnace company. Would get awarded probably all the money I was out, and I would never see a dime. Since I did sign for the payment plan, even though the amount was more then agreed on, that is not of the finance company's doing. It was the furnace company that committed the fraud. At least according to the lawyer I asked, the finance company does not have to reduce the amount I owe them any, at all. *shrugs* Me, I'd think that a contract would be null and void with fraud, but I am not a lawyer.

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          • #6
            I'd strongly suggest trying for a consultation with another lawyer, one that specializes in contract law... hopefully one that will allow for a consultation without giving up too much money you already don't have.

            ^-.-^
            Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

            Comment


            • #7
              You could also try suing the owners of the furnace company personally in small claims court, for their personal responsibility in this fiasco. Even if the case is dismissed, you are only out the filing fees and your time.

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