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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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AA Breakdown Repair Cover - NO NOT AA Breakdown Repair Cover - NO NOT BUY! STAY BUY! STAY AWAY! SAVE MONEY FOR YOURSELF!


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Do yourself a favour and DO NOT BUY AA WARRANTY OR BREAKDOWN REPAIR COVER!!!

Highly likely that they won't pay a penny if your car requires repair.

They just give a false hope that they got your back and take your money.

 

I only had this experience 3 days ago when my car lost power and started making weird noises.

I used the AA App on my mobile to report the breakdown.

AA patrol arrived in 30-40 mins.

He couldn't figure out what was wrong because car was not giving any fault codes.

So he called a couple of people at the AA office, they said problem with the chain.

He couldn't take any chance so he towed me to the nearest garage.

Patrol told the garage that there seems to be an issue with the chain.

 

Garage did some diagnostic, they found 3 problems,

 

  • One of the coil packs was gone.
  • PCV Valve needed replacing as there was a leak.
  • Timing chain was going.

 

Garage fixed the first 2 and then gave a call to the AA to inform them that the chain needs replacing as well,

they asked him to take my authorisation before taking the engine apart and also said that stretched chain will not be covered because it's considered as WEAR AND TEAR!!!

He then gave me a call saying AA won't pay anything. The total bill was coming to £700 with chain and £200 without it.

 

I then contacted the AA asking what going on with my repair,

they said mechanic is saying chain is stretched which is not covered in your policy

and the other repairs will not be covered because your car is not fully repaired without replacing the chain,

hence they won't pay anything. I said WHAT!!!

 

So I had to pay for diagnostic, Ignition Coil and PCV Valve replacement.

I am not in a condition to pay for the chain replacement so I just drove the car back without the chain being replaced.

I am praying everyday that for the health of my car.

 

AA saying if chain was snapped, they would pay for the repair.

It will then cost in excess of 2k out of which they will happily pay 500,

but they won't pay 500 out of 700 which can stop the chain being snapped.

 

JUST AVOID!

The money you save will come handy if anything happened to your car and it required to go to the garage. It will also save you some stress.

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  • 3 weeks later...

In your post above, you contradict yourself

firstly by saying that the AA Patrol didn't know what was wrong with your car,

and secondly by saying that when you arrived at the garage, the Patrol told the mechanic that there was a fault with the timing chain.

 

 

I suspect that the Patrol knew immediately what was wrong with your car,

but spoke to some of his technical colleagues in the office to confirm his diagnosis.

 

 

The Patrol was right to tow the car, because if he allowed you to drive it and the chain snapped the AA would be liable for a new engine.

Some cars are notable for worn timing chains ( particularly Vauxhall, Seats / VW and some Ford models ).

Again, I suspect your initial breakdown was caused by the ignition coil as the engine would be misfiring and running rough.

This would make the worn timing chain to be even more evident.

 

 

Timing chains can break suddenly, but in your case it has become worn over a period if time

and the AA were quite right to refuse a claim for wear and tear.

 

 

The PCV valve ( positive crankcase ventilation ) would not cause a breakdown and is a relatively inexpensive component.

As any garage has a duty to repair a vehicle to the manufacturers standard,

your refusal to have the worn timing chain repaired meant that the vehicle could not be repaired to this standard,

hence the AA's refusal of your claim.

 

 

If the timing chain was o/k, then I'm sure that the AA would have paid for the cause of the breakdown

i.e : the faulty ignition coil. This could perhaps have been done by the Patrol at the roadside.

I'm not sure if they would have paid for the PCV valve though.

 

 

All engines or mechanical components are subject to wear and tear and yet you don't seem to be able to accept this.

 

 

You also state that if your timing chain snaps at a later date,

the AA will be ' happy ' to pay out for that claim.

 

 

I very much doubt that as it will now be logged in their records that you refused to have a worn timing chain replaced.

 

 

Your claim will be rejected.

 

 

You might think that I'm being a little harsh,

but I'm just giving you my practical advice as a motor mechanic for over 40 years,

and my experience of dealing with the AA for the Breakdown Repair Cover claims that come into my garage.

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Thanks mate!

 

Thanks for taking the time to reply and making my job easier to make people aware that AA don't pay for timing chain replacement

and neither for PCV Valve replacement.

 

When I bought the breakdown repair cover,

I asked the advisor if the chain was covered and he said yes,

but I wasn't made aware that stretched timing chains are not covered and it's considered as wear and tear.

I could have been stupid for not asking specifically if the stretching was covered or not.

 

Another point I wanted to make was that AA didn't pay for coil pack either because they say it didn't fix the fault completely,

and I was left with the 200 pounds invoice for coil pack, diagnosis and PCV valve,

when I should only be paying a few quid just for the coil pack which fixed the main problem and my car was running ok.

I took my car to a couple of garages including a dealer and they said there is no need for replacing the chain.

 

Now as you say they won't pay if chain were to snap in the future because I'm not replacing it, I don't see any point buying the breakdown repair cover ever!

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Wear and tear items are not covered by any warranty, not just the AA's Breakdown Repair Cover.

 

 

What made you ask about the timing chain when you took out your cover ?

 

 

Did you know that it was already worn ?.

 

 

I recently had to recover a car which was only 3 days old with 273 miles on the clock which had snapped the timing chain.

That is obviously covered by the warranty,

 

 

A car with many thousands of miles on the clock with a stretched timing chain wouldn't be.

You haven't said what type of car you have or the mileage.

The AA would have paid for your coil, which the Patrol could have fitted at the roadside if that was the only fault.

 

 

Depending in the type of car, these are around £50 for a quality item.

Don't forget that you have a £35 excess to pay, plus the AA does not pay for diagnostic fees.

 

 

Some dealers will charge you around £100 for that if the fault is not immediately obvious

I.e : something like a water pump failure or broken drive shaft.

You can't expect somebody else to foot the bill for wear and tear on your car.

 

 

The AA's repair cover is for the sudden failure of a part which stops the car, not for ongoing wear and tear.

You will get this response from any warranty company so I don't think the AA have done anything wrong on this occasion.

 

 

Cancel your policy and try another warranty company. Not everything is somebody else's fault.

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Scaniaman, you are right. I took a Ford Focus into a Ford main dealer as that's where our customer wanted to go. The fault was a failed alternator. The receptionist told the customer that there would be a £90 diagnostic fee. You can diagnose a failed alternator in a few minutes, but £90 is their standard diagnostic fee. Some garages will knock off the diagnostic fee if they repair the vehicle, but others won't.

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  • 3 years later...

I can only support your view.

 

I m with the AA for over 10 years and taken out European Breakdown Cover including parts and repair for both of my cars.

I have broken down twice within the last 5 years and each time I had to threaten the AA with legal action to recover monies due under the terms and condition of the agreement.

 

I am fortunate that I work as a consultant in the legal profession, hence I was someone the AA could not easily fob off.

Currently, I am waiting again for over 7 weeks to be reimbursed for the second breakdown which happened 23rd October 2018 and the AA signed for the receipt of the invoices submitted on 27th Oct.

 

As good and helpful as the AA's partners in Continental Europe are that's not a reason to stay with the AA.

All the big EU Automobile Associations cover also for any other bigger UK Automobile Association such as RAC or Green Flag.

 

Do not fall for the AA's slogans that they have the best European Partners.

I will not renew any of my AA membership when due and can only advice motorists to check the best and most efficient Automobile Association before fallen into the hands of the AA.

Edited by dx100uk
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Right.

 

So you have been with the AA for ten years, broken down with them twice in the last 5 years, both times were difficult to get the money out of the AA but it's only NOW that you advise people (by dragging up a nigh on 4 year old thread) to stay away from the AA. I see.

Edited by dx100uk
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