Green Flag - Breakdown damage

[Bolton123]

Hello, it’s my first time posting on here so please bear with me.

 

Last Sunday my vehicle (Van) broke down and I called a well known breakdown company to recover it. They sent a 3rd party recovery company out for me ,the issues with my van was that the fan belt had snapped. 

When the recovery agent arrived, we began to load my vehicle onto his truck backwards. As he was doing this he states, his tow strap as become stuck in the rear offside. 
 

I didn’t think much of this. He then bought the vehicle to my address where he unloaded the vehicle. Shortly after he went, I realised there was brake fluid leaking from the rear offside tyre. The next day I got my mechanic too look at this who said the caliper had been pulled out of place and the brake hose had been snapped of the caliper. Even after the belt was replaced the vehicle could not be driven due to faulty brakes. 
 

Prior to the recovery, the brakes were 100% working and had just been overhauled using genuine parts and had passed an MOT. 
 

The repaired cost me £245 including parts and labour. 
 

I contacted the breakdown service who said they would look into this for me. However today they have got back to me stating the agent has said there was brake fluid leaking before he arrived and that he pointed this out to me. This did not happen. 
 

They then stated that I knew about this and had signed that it was leaking. This agent did not happen and I did not sign knowing this. I was made to sign all documents as he was loading the vehicle. In was not even given a copy of the documents.

 

Im sure the recovery agent has put this in afterwards. Please could anyone advise what I should do next. 

[BankFodder]

What is the name of the breakdown company.

I think you will need to send them an SAR to get a copy of the document that you signed. Obviously, it's a shame that you didn't read it before you signed it – that if the information was added afterwards then of course it may be difficult to tell. Send them an SAR straightaway

[Bolton123]

Hi the company is Greenflag. They have agreed to send the document, so do I still need to send the SAR. They have advised I appeal through the Financial Ombudsmen Service.

[BankFodder]

It costs you nothing to send the SAR so I would do it anyway. At least in that case if suddenly the document doesn't arrive then at least you have reserved your position – and also there may be more information available in respect of the complaint you have made.

[Bolton123]

Should I address the SAR to Greenflag, the recovery agency they sent out (FAM) or to 1 each to both. Also is it best to start a new email conversation to request, or to reply to their existing email requesting a SAR. 

[BankFodder]

I suggest that you send one to each and start a new email conversation for each one. No sense in confusing them.

Make sure that the subject heading of each one is "subject access request pursuant to the Data Protection Act 2019"

[unclebulgaria67]

The problem you will have is that the majority of Green Flag branded recovery service providers are only acting as agents for Green Flag.  They recovery services are mostly independent garages or mechanics in the area.  

 

So send an SAR to both Greenflag and the recovery agent.  But I am not sure you will receive much that is helpful, but of course worth trying.

 

If Greenflag have issued a final response to a complaint, you should ask them what they have considered, when reviewing your complaint.  If this includes documents from the recovery agent, ask Greenflag to supply copies from the complaint file.

 

 

 

 

[Bolton123]

I will try as it is free and ‘may’ help. 
 

Green flag has issued their final response, and upon questioning, their main evidence was a signed document that alleges I knew about the brake fluid leak. 
 

I am 100% accurate and KNOW that this is not the case and IF it is in the documents it HAS been added afterwards.

Edited May 11, 2020 by Bolton123

[BankFodder]

Just to add to what my site team colleague said – if they have carried out an investigation then the entire content of their investigation should be made available to you in response to your SAR. This is why you should make the subject access request.

This is also why you should send an SAR to their agents because you will then be up to cross check both files against each other. You never know what you might find – or even more interesting – you never know what you might not find

[Bolton123]

Advice needed again:

 

I tried sending the SAR via email to Green flag but couldn’t find their email address. So I called them and asked for an email address (I specified it was for a SAR but didn’t give any personal details). 
 

the email address given need in @directlinegroup.co.uk

 

after I send the email, I received an instant reply as follows: ‘This is an unmonitored inbox and your email has been removed. If your email was in reply to one of our emails, please ensure that you do not amend the subject line. You will need to refer to your original point of contact for any assistance.’

 

What is the best way to proceed? 
 

I can see the following option:

 

 call and ask for different email

 

or send it as a reply to my complaint correspondence.

 

 

[BankFodder]

Okay in that case and it is a reply to the complaint correspondence.

Tell them that it is in their interest to comply or else there may be a legal action

[Bolton123]

I’ve sent one to Green Flag but not received an acknowledgment, is this ok or should I request acknowledgment?

 

As for the 3rd party company (FAM engineering) I cant find an email address (I would 100% appreciate it if somebody else tried to find one). Instead I’ve used their online contact system, is this suitable for a SAR or should I post a letter to them instead.

[BankFodder]

It would be nice to have an acknowledgement that you can't insist on one. If you want you can enquire as to whether they have received it – but the most important thing is that you keep a record and a copy of what you have sent. If the worst comes to the worst you will have to do sue them for breach of the SAR rules.

In terms of FAM – using the contact form is fine – but it's probably a good idea to write to them as well but refer to the SAR on the contact form and the date you sent it so that it is clear that your writing is simply a confirmation and not the SAR itself.