Delta Auto Protect in breach of contract for failure to perform Exton PA

297

Delta Auto Protect
Fraudulent Vehicle Extended Warranty Company
 

THE SALE: On a direct phone call with a salesperson, we purchased a "Premier" auto extended warranty policy through Delta Auto Protect (DAP) on 2-17-2017.

OUR FIRST ENCOUNTER: On 12-17-19 (almost three years after purchasing the warranty), we dropped off our car at the dealership for possible repairs and they contacted DAP. On 12-18-19, DAP sent me an email requesting all maintenance records, which I sent that same day.

On 12-19-19, I called DAP and spoke to Justin Turner x408 to make sure my documents had been received. He said they had and that an inspector would be sent out to the Lincoln dealership to inspect the car to see if the repairs Lincoln proposed would be covered. I called the next day to ask when the inspector would be out. He said we had to give them 24-48 hours. The next week, I called back again to check on when the inspector would be out, and was told we had to now give them 7-10 days.

We called on 12-31-19 and spoke to Aaron x 407 who said “apparently there was no inspector available in our area.” Please note we live in the huge metroplex of Dallas Fort Worth, so we knew that wasn’t true. This went on and on, day after day.

I have called and asked for a supervisor and was told there were no supervisors there. On another occasion when I asked for a supervisor, another person got on the phone and as I was explaining the situation to her, she hung up on me.

Another time we were told our claim would be escalated to David Wright x512 in the Authorizations Department and when I asked to speak to him, she said “They don’t take calls.” I asked for his email and emailed him twice with no response.

On January 9th, again we were promised that an inspector would be out on a specific date, and when that day passed, we called again, and given another date. When challenging Nicole Johnson on January 13th about all the agents parroting the same script, yet there was no evidence of progression, she hung up on me.

DAP's LATEST TACTIC: It now seems that our phone number has been flagged, because after we call in and wait the usual 20-25 minutes for someone to answer, we are either promptly put on hold endlessly OR hung up on.

DAP's BREACH OF CONTRACT: DAP is in violation of UCC Section 2-309, which states they have a reasonable time to perform their duties. By contract, they made a promise to perform, and have breached that promise. They have been willful and negligent in their business practices by having no inspector available for over 30 days, with no legitimate reason.

OUR SPECIFIC PERFORMANCE RIGHTS: Pay in full to have our car repaired, give us a refund on the remainder of our service contract, and reimburse us for a rental car for the time our car has been in the shop waiting for their inspector to show up.