My husband and I purchased a home in Feb. 09 and a home warranty was included in our purchase price. We also added a pool warranty with this purchase. This warranty purchase was set up through the re-location company and the previous owners' real esate agent.

On June 2, 2009, we opened our pool. At this time the pool was not working properly due to wear and tear. We contacted our warranty company to find out if the broken pump was covered. We were told yes. They then sent a technician to check out the pool pump and such. He was at our house for maybe a total of 15 minutes and charged us a $100 deductible at that time. He told us that the pump and valves did need to be replaced and he would make that aware to the warranty company. We then were contacted by the warranty company and were told that it will not be covered due to "Lack of Maintenance" on the pool.

We moved here only 4 months ago and were told the pool worked fine when we purchased the home. We have tried arguing the issue but have not reached any solution. The technician that was at our home will not return our phone calls, and we believe that he has called our number once and hung up on us on the evening of June 5, 2009.

We have spoke with a number of customer service representatives with HMS Home Warranty. During those phone calls, we were told the pre-existing conditions were not covered. On the other hand, we were also told that a warranty could not be purchased if the pool was not in good working condition. I think that condradicts what they said before. How could we possibly have a pre-existing condition if the approval of a pool warranty was made in Feb. 2009?

On top of all of this, we have contacted the previous pool company that maintained the pool in the last year and located their office to gather proof of maintenance. We sent this documentation to the warranty company. We also have documentation of a pool inspection that was done on September 23, 2008. This inspection shows that the pool was in working condtion and no remarks were made on the pump or valves. This is proof that there were not pre-existing conditions at the time of purchase. We have faxed all of this information to the HMS Warranty Company.

We have not yet heard any positive feedback from the company. We were told that we would have an answer as soon as possible. I believe that representative that we are working with kept giving us a round about answer. I feel they have also been very rude when we call and do not hear us out. I feel we are often interrupted when speaking to this customer representative.

I feel that we have went above and beyond what a customer should do when making a warranty claim. I'm not quite sure what else we should do to address this issue. I feel that we are being scammed. No one will give us a direct answer and we have tried numerous times to be helpful and make a connection with the warranty company on this claim. We were also told the the $100 will probably not be refunded to us if the the claim is not approved. I do not feel that makes any sense.

What is a home warranty company for? What do they cover? I feel like our purchase was a waste of money and that any time we have a claim, they will find a new way to take money from us. Their warranty states "mechanical parts and componets as follows: above ground accessible plumbing lines leading to and from the unit; air pumps; blower motorl filters (free-standing housing body, laterals, pressure gauges, back flush valves); gaskets; impellers; internal spa pack heater; internal switches; primary circulator pump and motor; and relays." The items that we are requesting to be replaced are in this list of covered items. The warranty also states "We agree to pay the covered costs to repair or replace the items listed as covered on your Agreement Coverage Summary if any such items become inoperable during the term of this Agreement due to mechanical failure caused by routine wear and tear."

I feel that we have stated the facts to the best of our ability. We should be refunded our warranty purchase money and the $100 deductible that we paid on this "so-called" claim.

In the meantime, our pool is not in the best condition, leaving it open during the heat with algae and what-not growing on the liner and in the water. Where does this leave us? Feeling SCAMMED!!!