This complaint is in regards to an account I opened on 9/05/'06 at a RENT-A-Center in Waterville, ME.
The merchandise in question is an XBox 360 which was stolen from my truck sometime between the evening of 9/08/'06 and the afternoon of 9/09/'06.
When I discovered that the XBox was missing I immediately called the police and an officer called me back so I could make a report. He told me he would do it over the phone since I had noticed no obvious damage to my truck.
I told him that I believed that someone may have used a device to unlock my driver's side door because there were some scratches and the power window was no longer working properly. He took all of my information and told me he would write up the report which I could later pick up at the Kennebec County Sheriff's Office or send for it in the mail. After I made the report to the police, I immediatly contacted RENT-A-CENTER and reported the theft to a manager named Dan.
I asked Dan if I would still be liable for the merchanise. He asked if I had purchased the Optional Liability Waiver Provision and I told him I did. I also told him that I had reported it to the police and would be recieving a police report shortly.
Dan in turn told me not to worry about it that because I had purchased the Liability Waiver I would not be held liable, and that their insurance would cover it. He asked me to bring in the police report when I recieved it, which I did a few days later.
Since that time, I have recieved numerous letters and phone calls from Dan as well as an employee named Scott. Dan explained to me on one such occassion that since their insurance had only covered a portion of the cost of the merchandise, that I was to be held responsible for the balance of $344.79 Tax. I told him that if I had that amount of money I never would have rented from RENT-A-CENTER in the first place, but would have paid cash for an XBox at Walmart.
Second, I told him that I do not owe any amount because by his own admission and as is stated in the Optional Liability Waiver Provision, I cannot be held liable. The "loss" of this merchandise was not intentional, willful or wanton, nor was it "lost" through misconduct. It was stolen. But still the phone calls persisted, with Scott leaving messages on my voicemail telling me that I am in default of my contract because I have not made a payment or returned the merchandise!
I do not understand any of this and have spoken with my lawyer about the matter. He has reviewed the Rental Purchase Agreement and the Optional Liability Waiver Provision and has concluded that, as Dan had originally told me, I am not liable.
I called Dan at RENT-A-CENTER with this information and he told me that RENT-A-CENTER would be pursuing this in small claims court.
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