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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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battyman

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
Paras

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We could do with some help from you.

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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...


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Rac should have asked what kind of transmission your car had and send a flatbed truck.

They're 100% at fault.

Didn't you know about the problem with towing an automatic car?

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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.

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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

 

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

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Thank you Andyorch appreciate your help.

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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

 


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Thank you for your reply.  Do you mean ring the RAC or the ICO? 

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no the queen

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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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