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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Left stranded by The AA, but no money back!


MAN1972
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I was left stranded last night on the A4, one of the main archeries into London, after my car broke down at 19:00 on the inside lane of the A4, near Hogarthroundabout, causing a major traffic hazard.

 

The advisor told me my call would be a prioity, due to the circumstances and I was informed that I would be recoved within an hour. Two and half hours, I was still there until another garage I contacted recovered me (the short story).

 

No customer services department to speak to, or anyone skilled to understand my frustration. I have been told if I cancel my membership I will not receive my money back.

 

Has anyone been in a similar situation and can anyone advise how to get a refund?

 

M

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Hi Man and welcome to CAG

 

Very frustrating and annoying...Firstly request a copy of their complaints procedure and get that lodged.Include the expense of having to arrange alternative recovery. We can take it from there once you have received a response.

 

Did you take out your membership direct or through your insurance.....one payment or monthly ?

 

Regards

 

Andy

 

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Thank you for replying:

 

I paid up front in full and I am waiting on a call from one of the line manages in their referrals department. The call was due at 12:00.

 

Also, I called their hotline 4 times last night, each time it took approx. 5 mins to get through. In the end they contracted a 3rd party company that were due to be with me at 20:20, but did not turn up until 21:23, 20 mins after I cancelled the job.

 

It did not help that it was a few dials off freezing last night and that my car was in the near side lane of a three lane A road.

 

M

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oP CANCELLED JOB HER SELF SO WHY NOW COMPLAIN ABOUT IT ?

 

It seems to me that the OP cancelled the job due to the AAs failure to deliver.

 

To be stuck on the A4 at the Hogarth Roundabout must have been unbelievably scary as the road is still very busy at that time.

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Why would I not make a complaint, I feel that The AA have taken my money and not provided me a proffessional service. I might add; that I am still waiting for a call back, some 6 hours later!

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Why would I not make a complaint, I feel that The AA have taken my money and not provided me a proffessional service. I might add; that I am still waiting for a call back, some 6 hours later!

 

In your position I would be complaining too.

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Yes, I was an exsisting member and I they cancelled the job once I informed them that I had paid a local garage. I just written a formal letter of complaint and will up date the post with their reply.

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Thought this might help others;

 

To whom it may concern:

Thisletter is to complain about service I recently received from The AA customer. Icalled The AA breakdown number at 19:06 on February 18, 2013, because my car hadbroken down on the A4, near to the Hogarth roundabout, at rush hour. Iexplained to the advisor that my car was in a dangerous position and I was toldthat my call would be a priority and that an expert would be with me within thehour. I called again at 19:42 enquire how far away the driver was, I was thentold that a 3rd party had been instructed, but was delayed and wouldbe with me at 20:20. I received a call from the 3rd party at 20:14,informing me that they would be dispatching a driver and that he would he wouldbe another 40 mins, mins depending on the traffic from Pinner. I complained tothe advisor that this was not acceptable, especially as my car was in adangerous position on a busy road and also that the weather was just abovefreezing. I was informed that my call had not been passed to them as a priority,that The AA should have told me to walk to a warm place and wait for the driverto contact me. At this point I contacted a local garage and they recovered mycar within 20 minutes. I then called The AA operator at 21:04 to cancel thejob. The 3rd party tried to contact me at 21:23, some 2 hours, 17minutes after my initial call. Needless to say, I was quite frustrated.

Thismorning I contacted the number for customer relations I was given the previousevening (08442 090556). Once through to this number I spoke to XXXXX and said that I wanted to cancel my membership and have my moneyrefunded. At no point did Stephanie take the time to understand my complaintand said that I would not get a refund. At this point I asked to speak to amanager, which XXXXX refused. I ended the call in frustration and triedanother number. This time I spoke to a lady called XXXXX and at first seemedmore helpful, until my name and membership number were inputted into the CRMsystem. Once the notes were brought up, XXXX said that I had just spoken toone of her colleagues. At this point I feel she became defensive and asked tobe put through to a manager. Whilst holding, I found it ironic that the recordedmessage played “constantly trying to improve our service”. XXXX came back onthe line, said that there was only one manager on the floor and that he wouldcall me back at 12:00. I then ended the call. At the time of writing 16:20 Istill have not received a call back.

Iexpected a much higher level of service from your company, and I am very disappointed.Because I do not want to spend any more time on this problem, I want to cancelmy membership, and I expect a full refund. I will be informing my friends andfamily about this experience, as well as posting a thread on The ConsumerAction Group website etc..

Sincerely,

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It seems to me that the OP cancelled the job due to the AAs failure to deliver.

 

To be stuck on the A4 at the Hogarth Roundabout must have been unbelievably scary as the road is still very busy at that time.

 

That is true, and I don't mean this to be any defence as to how the AA have handled this - but I did have to go down that stretch to the Hogarth Roundabout on the night in question and the average speed was around 8MPH across all lanes due to an accident towards Hammersmith, so I can't imagine it would've been easy to get a van down there and would've suspected that it might take longer than usual (I think it took me over an hour from the M25 to the roundabout).

 

A bit more communication would've been in order from the AA though

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Your right to complain= the service was not supplied for which a contract between the two of you had.

 

I would have thought there was a contract. I am also sure the AA would have told the op that they were busy and also would have given the op a estimated time with updates. This is where the AA were going by their contract. The third party recovery also fits in. The op then states after recovery i phoned the AA to cancel the job. So op is saying they relieved the AA of any obligations under their contract. What is the gripe about ? Also if the car was in a dangerous situation why did the op not call 999 and alert the police ? This would have got things moving very fast.

So whats cooking today ?

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I would have thought there was a contract. I am also sure the AA would have told the op that they were busy and also would have given the op a estimated time with updates. This is where the AA were going by their contract. The third party recovery also fits in. The op then states after recovery i phoned the AA to cancel the job. So op is saying they relieved the AA of any obligations under their contract. What is the gripe about ? Also if the car was in a dangerous situation why did the op not call 999 and alert the police ? This would have got things moving very fast.

 

 

 

Well they did relieve AA of their commitment then.

:mad2::-x:jaw::sad:
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Well they did relieve AA of their commitment then.

 

 

Calling a recovery truck out etc on your own back and then cancelling the call is solely down to the op. Even the other way around. Cancelling the call and then calling a recovery truck. Same thing. Op should have waited for the AA. They would have updated him/her every so often.

So whats cooking today ?

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I was left stranded last night on the A4, one of the main archeries into London, after my car broke down at 19:00 on the inside lane of the A4, near Hogarthroundabout, causing a major traffic hazard.

 

The advisor told me my call would be a prioity, due to the circumstances and I was informed that I would be recoved within an hour. Two and half hours, I was still there until another garage I contacted recovered me (the short story).

 

No customer services department to speak to, or anyone skilled to understand my frustration. I have been told if I cancel my membership I will not receive my money back.

 

Has anyone been in a similar situation and can anyone advise how to get a refund?

 

M

 

Hello MAN1972, there are a number of points raised in your post that we would very much like to discuss with you. Please could you email into us, our address is [email protected] and title your email Reference FOR35701. We look forward to hearing from you. The AA

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  • 3 months later...
Hello MAN1972, there are a number of points raised in your post that we would very much like to discuss with you. Please could you email into us, our address is and title your email Reference FOR35701. We look forward to hearing from you. The AA

 

You can check the appalling reply that has taken three months to receive from Member Relations - CS/3802589

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Andrew P - I can assure you the average speed was not 8 mph, unless you were joining traffic light que. I am sure you would of seen my car stranded with an accident triangle displayed between 1900-2100

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