The following letter was sent to the corporateoffice. It explain the situation that I am currently fighting. I have read similiar situations and I feel that it is necessary for a suit to be filed.
"Thursday, August 07, 2008
Dave Crawford, CEO
American Home Shield
P.O. Box 849
Carroll, Iowa 51401
Ref: Contract #80330522, Order #135209922
Dear Mr. Crawford;
This letter is being written to request that your company honor your contract with me and repair my Sub-Zero Freezer. I am writing directly to you because I am not satisfied with the information that I am receiving from your subordinates.
I have been paying your company for a Home Warranty Contract since 2004, and I have been receiving less than honorable service from your company since my first request for service. The situation that I will speak of in this letter will show you that your company is not abiding by the contract, both implied and what is written in that it is telling me and other consumers that it will provide if we purchase your home warranty program, but find reason not to honor it when repairs are needed.
The reason that I am requesting that you honor the contract is outlined below. If your denial still remains after reading this letter I will have no alternative other than to file a suit against you and your company through the court system and a grievance filed with my Attorney General here in Texas.
Upon the purchase of my home, the previous owners purchased a Home Warranty Contract from your company to cover all the components of the home covered under your warranty. You issued the warranty contract without even reviewing the items in the home so I was and still is of the opinion the contract to cover all list components of the home was a valid contract at the time and still is a valid contract today. In my opinion, the previous homeowners made a very good decision with the purchase of this warranty contract because soon after I moved into the home the freezer failed.
Your company was contacted and they sent out a representative to work on this item. While the repairman was at the home he had to call your company in order to get authorization to make the necessary repairs. I had to get on the phone with your company and explain to them the type of unit I had in the home and immediately after explaining to them the make-up of the Sub-Zero they authorized the repairs which to me, was an implied contract and it validated the contract that was purchased. With this authorization I was under the opinion that my unit was covered under your warranty as stated. Now that this same unit needs to be repaired again I am being told that it is not covered. I am of the opinion that your company have failed to honor your contract, and have deceived me, but at the same time taking money for a contract that you are not willing to honor at this time.
According to your own contract, you have stated, No limit to the number of covered repairs. If your dishwasher breaks this month and next month your stove is on the brink just call AHS. The rest will be taken care of with no hassles. It's that simple. Why am I having a hassle at this time? The initial repairs done on my freezer implied that you and your staff understood what was in my home and would repair it again if the need arrived again. I expect you to honor this and repair my freezer. Below is a photo of the unit that is in my home. Although it is not the normal unit that your staff is use to, it still is set up to provide the same function as a normal refrigerator/freezer unit.
As you can see in the first photo, the Sub-Zero unit consists of the same components as a normal refrigerator/freezer they are just set up differently. How many homes will only have a refrigerator? Most home have a refrigerator/freezer in the kitchen area. This is exactly what is situated in my home. The refrigerator and freezer are an integral part not a separate part and the intent is the same as a normal refrigerator/freezer that is in most homes.
The only reason that I can see you not wanting to honor your contract is because of the extent of the service that is required and the cost involved. It appears that your staff is fishing for a reason not to make the repairs so they are utilizing every avenue available to do so to include the wording of the contract. I am of the opinion that the intended use of the equipment is the overriding factor, and I am sure that your staff knows this.
I have been faithful in making payments to you in order insure that the items in my home are covered. Since your company is receiving and using my funds, I feel that you should take care of those items that you supposedly cover.
Again, I am requesting that you honor the contract and make the necessary repairs to the freezer in the home.
I will be waiting for your reply to my request. I feel that I should be hearing from you at least 15 days after receipt of this correspondence.
Leo P. F***, Jr
Leo p. f
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