Bought a used sportster couple years ago from a person which came with a extended warranty he purchased from harley. Did all paper work for the warranty transfer, which he and I signed. I recievd a letter that the warranty had been transferred to me couple weeks later, from the warranty company. Come to find out the previous owner went to the dealer couple months later and canceled it and he received a prorated refund from the dealer. Which I didnt even get a notice that it was canceled which how can some else can cancel it with it not being in their name is beyond me. Only found out is when I traded the bike, and tried canceling it myself recently. So the only thing I got from the dealer is that they messed up, too bad you not getting your $1400. Any suggestion what I can do, or who to go after dealer, warranty company or previous owner?

 

Remove the previous owners front teeth....With prejudice!

 

Sounds like the previous owner is a POS. Just sayin.... You need to have a frank discussion and if the sale is documented on paper that it included the extended warranty then I would think he should be held liable. The paperwork that had the signatures of the transfer, was it something that was to be mailed to the warranty company so they would have record of the transfer? If not, I'm not sure how they would have you as the new owner with the warranty. Previous owner took advantage of someone.... Sorry, I did not catch that you had received notification from the warranty company. That should be enough to get the dealer principle, the warranty company involved as well. Typically the dealership cancels the warranty, then once the refund is issued it is passed onto the customer. Seems to me you had a legal right to the warranty that someone else profited from....It could be worth a call to an attorney.....

 

Maybe we just learned something!!!

 

He committed fraud which should have legal and other consequences. I would see that both criminal and civil actions were taken against him.

 

If you have paperwork stating that you are the owner of the extended warranty, then the dealership has a legal obligation to pay you the refund.

It is the dealership's problem to get the money back from the previous owner, not yours.

 

Seems like your best recourse is a civil suit naming both the dealer and the previous owner. In kali with the amount stated it would stay in small calims court, no attorneys needed.

 

This

But since they will probaly give you the finger, this.

 

Small claims court.

 

First, if the previous owner of the warranty signed documents transferring it to you, and at that time you got confirmation from the warranty company that the warranty was now in your name, the previous owner CANNOT cancel it.

So, if the warranty company accepted his cancellation request, they screwed up. Your first contact is with them. Send them copies of the original correspondence from them showing that the contract was now in your name.

See what they say.