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DELTA AUTO PROTECT, Philadelphia, PA phone:866-598-5429 Charles Seruya- President Ryan Cooper Cancellation and Release Agreement "BREACH OF CONTRACT" Philadelphia Pennsylvania
January XX, XXXX Delta Auto Protect Canceled our Policy after denying repair claims of $5,000.00 and sent email of Cancellation and Release Agreement to be signed.
January XX, XXXX (4 days later) I (Policy holder) signed Release Agreement. Release agreement states:
The parties to this Agreement wish to resolve all disputes between Releasor and Releasee, Including but not limited to, cancellation of the Policy and a full refund of paid contract fees, and therefore agree as follows:
1. Cancellation of the Policy. Upon the execution of this Agreement, the parties agree that the Policy is cancelled, terminated, and is a nullity, and neither Releasor nor Releasee shall have any obligation to one another under the Policy.
2. Release. For the consideration described below, Releasor hereby irrevocably, fully, and unconditionally releases Releasee and its past, present, and future parents, partners, affiliates, subsidiaries, directors, officers, shareholders, employees, agents, predecessors, successors, representatives, attorneys (and employees and associates thereof), heirs, executors, administrators, or assigns, from all know or unknown claims, suits, or challenges of any nature whatsoever, including any and all legal, equitable or other claims, counterclaims, cross-claims, third-party claims, complaints, causes of action, arbitration proceedings, suits in law or equity, and demands whatsoever, liquidated or unliquidated, from the beginning of the world to the date of this Agreement, all of which are fully released by the Releasor.
3. Non-disclsure. Releasor and Releasee agree to refrain from disclosing to any third party, the existence or content of this Agreement, and the existence or content of the information, documents and items related to the Claim or the relationship between Releasor and Releasees. If Releasor violates this paragraph, Releasee shall be entitled to an immediate full refund of the Payment as well as any other damages, including costs and actual attorneys' fees, incurred by Releassee in enforcing this Agreement.
4. Releasor's Obligations. Releasor agrees to remove, delete, and erase any and all negative reviews posted online, including but not limited to Facebook, social media, review websites, blog posts, and the like. All reviews and posts must be removed prior to any Payment being issued by the Releasee.
5. Releasee' Obligations. In consideration of the foregoing, Releasee agrees to provide Releasor, within 15 days of the execution of this Agreement the sum of $X,XXX.00 (the "Payment").
6. Execution. This Agreement shall be binding upon the undersigned. Releasor has read and understood all the terms & conditions listed in this Agreement.
I, have read, understand and agree to all the terms and conditions mentioned in every paragraph on this agreement.
Name XXXXX XXXXXXXXX
(Releasor)
Date XXXX-XX-XX XX:XX:XX IP Address: XX.XXX.XXX.XXX
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15 days later never recieved check
many phone calls which are all recorded (some they were advised of being recorded)
17 days they said they were mailing a check
never recieved check
31 days no check. called they were stopping payment on that check and sending a new check. The following day we would recieve email with tracking number.
never recieved email.
37 days called. They refunded the money to our credit card that we purchased the policy with. That credit card is a closed account. Called them back they said you will have to deal with the credit card company to get your money back.
Called credit card company said write a letter (Chase Card Services, P.O. Box 15298, Willmington, DE 19850-5298)and someone will contact you after your letter is recieved. I asked for their phone number and they don't have a contact number. I inquired if there is a way to tract the transaction. They were of no help, write a letter.
Called Delta Auto back. They will not do anything to help us get the payment that they sent the credit card company.
They sent us a email of the payment which reads as follows:
From:David Wright dwright@deltaautoprotect.com
Subject: ESP 00000000
Date: March 7, 2018 at 9:26AM
To: xxxxxxxxxxxxxx@aol.com
Hello Mr/Mrs. XXXXXXXXX,
CREDITED
Credit Card Type Visa
Card Number XXXXXXXXXXXXXXX5 Expiration Date 01/2019
Amount 1743.00
Order ID # 8xxxxxxx
Order Description
Transaction Date 03/06/2018 20:44:15 EST
Transaction Reference Number (TxRefNum)
5Axxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Sincerely,
David Wright
Customer Service
www.DeltaAutoProtect.com
Delta Auto Protect
12800 John F. Kennedy Blvd.
Philadelphia, Pa 19103
(866) 598-5429
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I'm looking for Legal Lawsuit advice from anyone that has filed a suit against Delta Auto Protect.