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    • Good morning I've attached the reply I've received from Marquis in response to my letter of claim.I would like to add a few things that I consider important. I first reported the heater fault on August 3rd. That was the 42 day since purchase, but Marquis had had the van for 12 days so the clock stops as I understand it so it was the 30th day which means that the fault was present when it was sold. They had had one chance to repair and failed to investigate any further. I think the cost that they are refusing to pay are more than reasonable. An offer of a tank of diesel world have settled part of it.   And they are definitely not getting a copy of my bank statement   Although I am sure that I'm not obliged to use the Warranty provided I've been reading my Warranty document and it says it's administered by "A1 guarantee ltd "and they are who I should ring to make a claim.The email address to make a complaint is a "global ins" email. i find it very confusing as in the front of the schedule it says "This guarantee is a non-insured product, any obligation to repair your motorhome will be our sole responsibility. Should we cease to trade, then this product will no longer be valid"     Good Afternoon Mr Desnos    We have reviewed your case and I am happy to refund you the direct the costs received from Truma totalling £421.00, this can be paid directly in to your account. We would require a copy of your bank statement to include address, sort code/account number.    In relation to the additional costs as mentioned we did not authorise the independent mobile engineer this was undertaken directly by you, the offer to return the van was always there and with this in mind the terms of the global warranty were ignored. With regards to the visit to Truma this was also undertaken without authority from the global warranty agreement.    The fuel costs are not covered within the terms of the warranty and are strictly a back to base warranty with no provision for the costs incurred for travel.    As the vendor of the vehicle, we have certain legal obligations to you in particular under the consumer rights Act 2015, you are also under a legal obligation to take all reasonable steps to minimise amy costs or expenditure for which you intend to hold us responsible.   The vehicle was supplied to you with the benefit of a warranty which is being administered by Global. We respectfully suggested that the first such reasonable step would have been to arrange for the problem with your vehicle to be investigated and a claim submitted to the warranty company as previously suggested by Marquis South Yorkshire. Having declined to so you cannot seek to recover this costs.    Please confirm your bank details and a copy of your bank statement so that I can duly process the payments agreed. Also a copy of your driver’s licence for proof to process money.    Yours sincerely    
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    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
    • Those are very valid questions. I wouldn't want to sign either.   I suppose a way to find out how it works in practice is to ring a couple of lenders who offer equity release and ask them the question.   A couple we know took an equity release plan and it was quite heavily regulated back then. They had to involve and adviser to go through all the ramifications with them or the lender wouldn't have accepted the application. I don't know if that still applies.
    • Absolutely, 45002. A  contract like that is not a lease, there is no statutory protection, no law to say what is included. You need to examine it carefully before you sign.
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RAC Breakdown damaged my Car


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I wonder if anyone could advise me on behalf of my son.

 

His car recently had a problem and he called the RAC out to deal with it. The car, which is automatic, was towed to a garage. The car was hooked up and driven at 50 miles an hour or more, this resulted in his gear box being damaged. His car was repaired for the original problem when it broke down but the garage commented on the problem with the gear box.

 

Renault recommended that a car being towed should not be over 15 miles per hour. This has been taken up with the RAC who have taken 3 weeks to get back to him to say after speaking with the RAC man concerned that they would not be able to help with the cost of repair to his car and other costs. They still had the tracking of the speed and have said it was only going at 30 miles per hour.

 

My son has asked for a copy of the tracking information but the RAC spokesperson who is dealing with his complaint have said they cannot or will not supply him with a copy of the tracking. The garage where the car was repaired have said the tracking information would prove it was the speed that has caused the gear box failure.

 

The car is old and that is what the RAC are saying, it is because of the age of the car. If that is their reckoning why do they not just supply the proof. Is there anything he can do to get the RAC to supply him with the tracking information?

 

Any help greatly appreciated. His car is in the garage by the way and will cost over a £1000 to repair, as my son is self employed and uses his car for his business he has had to get a loan to buy another car.

Edited by Andyorch
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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Yes, generally speaking automatic vehicles should not be towed at any speed and certainly there should not be towed anything faster than 15 to 20 miles an hour and even then there is a risk.

 

Send the RAC an SAR immediately and that will give them 30 days to return all the data they hold on you which hopefully should include the tracking data.

 

In a separate envelope send them a letter asking them to supply you with a tracking data and point out to them that if they will not do this and if they will not pay for the repairs of the gearbox that you will be starting a County Court action against them and that if they refused to supply the tracking data to the judge then you are sure that the court will be pleased to draw its own conclusions.

 

Tell them that if they will not cooperate with you then you will start a County Court action within 14 days. Don't bluff about this. Be prepared to take the action otherwise don't bother to send the letter.

 

Let us know what happens. Spent 14 days reading up around the forum about how to bring a County Court action. It is very easy and relatively cheap and on the basis of what you have told us I estimate your chances up much better than 90%.

 

You only have to prove that the RAC caused the damage on the balance of probabilities and this means that you have to persuade the judge 51% that what you're saying is correct. If the RAC refuses to supply the tracking data or if magically they say to the court that it has been destroyed then I'm pretty certain that the court will simply choose to believe you.

 

The chances are that once you issue the court papers, that the RAC will settle with you including your costs.

 

Let us know what happens and of course we will be pleased to help you all the way including drafting the claim.

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what is the car?

how was it towed..front or rear?

 

neighbour had a rac garage come out in Scotland to tow his car.

the garage [not rac van but garage franchise] front towed his smart car.

 

that's a rear wheel drive car

 

they coughed...

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 2 months later...

Thank you for all of your replies. I have passed on the information and as the RAC are not prepared to take any action or supply the tracking information my son has decided to take it to court. Should he still ask for the SAR or should he go straight on to court? They admitted in their email the tow truck as not doing over 30. As it is automatic it shouldnt have been front towed at all. Any help greatly appreciated.

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We gave you the advice in Nov 2018 ...and you have still not sent a DSAR.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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No they havent sent anything as they managed to get a loan for another car as they couldnt drive the one the RAC damaged and they are self employed and need it for work.

 

They went through Money Barn, need I say more, they drove away with a near death trap, I have set up another thread about that.

 

They have been through hell and back since November and are still suffering.

Because they are desperate for a car they need some help.

 

do you advise to still send the SAR even though they want to take it to court?

Sorry if it sounds a bit dim asking this but want to help them as best I can.

Thank you.

Edited by dx100uk
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" So do you advise to still send the SAR even though they want to take it to court? "

 

Even more reason...unless you wish to sue without any evidence?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 4 months later...

They have finally sent the DSAR to RAC but not had a reply after 30 days. I think they need to send a letter now to the ICO? Is there a template letter to send? Thank you for your help.

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ring and ask where it is?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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no the queen

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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This may be a silly question, but I assume your son did make it clear to the recovery man that it was a rear wheel drive automatic?

 

I find it a little bit hard to believe that the RAC towed it at speeds up to and over 50 mph.  (Is that even legal?)  I assume your son must have been in the RAC cab with the driver to know the speeds.  Didn't he say anything?  (Not that this necessarily absolves the RAC driver of any blame).

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