Car Broke Down - Called RAC 17:50PM - repeatedly delayed & at +23:30PM i got an Uber Home & used local garage - RAC refused me £59 Costs Reclaim

[shimeld]

Hi.

I have a complaint that I have made to the RAC which they are not entertaining. I need a 'Letter Before Action' template, but I can't find one on the forum. Can anyone point me in the right direction, please?

 

Kind regards.

Paul

[dx100uk]

there is no template as each case is different.

tell us your story in full and why you need to send one.

dx

 

[lolerz]

Hi shimeld.

 

Welcome to CAG.

 

Your post seems quite vague, in order for us to help you, you'll need to give more detail.

 

What is the complaint about?

When was contact made?

Have you had a final response to your complaint?

 

 

There's really no specific template for a letter before action. But, if you're willing to provide further detail, we can help you draft one.

 

Tagging @BankFodder who will likely be around later to offer further advice once you've answered my questions.

[shimeld]

Last Tuesday I was coming home from a support group meeting in the centre of my local town and I got 1 mile out of the centre, when my car broke down in a Tesco Express car park, in a very salubrious area. This was at 7:50pm in the evening.

My car would start, but there was no power in it, I used the RAC app to request rescue, to which I am a member.

I received a reply giving me an ETA of 10:30pm.  Ten minutes later, I received an update to say it would now be 9:30 to 10:30pm.

I was getting very cold, and I needed to get home since I suffer with anxiety due to my Prostate cancer, When it got to 9:40 and no further update on ETA I called the RAC for an update, only to be told that there were delays in my area, and it would be 11:00pm.

Nobody came at 11:00 pm, I called again and was told due to the delay, they were sending a private company to rescue my car and me. 11:30 came, and I called them again, only to be offered a next day rescue,

They said they were going to provide a paid taxi to get me home, with a promise that the taxi company would text me to say they were on their way. This never happened, so in desperation I called an Uber to take me home.

I made the RAC aware of my age, (71), and anxiety due to cancer and this made no difference.

While in bed the following morning I got a call, about 7:45 from an RAC mechanic to say he would be with the car in 30 minutes, to which I said I could not make it in time since we are 9 miles away from my car, and we have no other means of transport,  I could not be there when he arrived.

I abandoned the rescue in despair, and called out a trusted garage in the same area of my car to pick it up and take it to their premises for inspection.

I have tried to recoup the towing fees of £50.00 and Uber cast of £9.00 with their complaints department and was offered only £9.00 for the Uber, and nothing for the towing or distress. I was told to contact membership for help with the reimbursement of the towing.

I refused the offer of £9, stating that I don't consider this as full and final settlement, then I received an email stating that I had refused to accept the £9:00, and they now considered closed.

Since I pay annually up front for my RAC membership, I don't believe in this instance I am covered by the FCA or Financial Ombudsman.

What are my recourses here to get the £59 pounds that I'm looking for, please?

Thank you in anticipation.
Paul

[lolerz]

Breakdown cover is an insurance product and as such is covered by the financial ombudsman.

It might be worth considering this angle first due to the low value of the claim.

[shimeld]

Thanks.

I have put them on notice that I am going to refer them to the FOS.

I'll follow it through tomorrow.

[dx100uk]

thread title updated.

 

[Nicky Boy]

13 hours ago, shimeld said:

Since I pay annually up front for my RAC membership

By debit card/ credit card? and when did you pay?

[shimeld]

Hi.

First payment by Debit card in August 2023 of £189.00 paid for the year.

 

Thanks

[Nicky Boy]

Not sure on the date limitations on chargeback claims... Tagging @dx100uk for advice.

[Kyosanto]

That's an awful lot of money, so you must have paid for the premium cover?  Do their T&Cs state anything about the time frame that they have to respond to calls that you can use to your advantage?

Did you ever have to use their services before now? Like the car health check, or other breakdowns?

If you never made use of your membership, and considering they were totally useless when you tried, hopefully you can get the contract terminated and all the fees refunded, which will fully cover your claim, but someone knowledgeable will be able to advise.

I'm deeply sorry about your medical condition, but it is irrelevant to the matter, RAC don't have your medical record, and it wouldn't change a thing since they should treat all customers correctly regardless.

Also, no use to you now, but don't refuse a refund offer: you are free to accept the £9 for the Uber without considering it final settlement.

[lolerz]

Just had a further look at the FOS website and there's every chance the FOS will turn you away. It's still worth reporting it to them, even if they come back and say no.

It seems only *some* activities that the RAC provide are covered by the FOS. Others are not. The RAC aren't currently subscribed to any ADR scheme either so the next step would be small claims.

Chargeback limitations is 120 days for Visa and Mastercard, you're past that unfortunately so chargeback is a no-go.

I would recommend that you claim for the full amount your breakdown cover was as well. They were unable to help you in this instance and therefore I'd argue it's unfair that they could help you at any other point of the cover either. That brings your claim total to £189+£59 = £248.00

Let us know what the FOS says, and if they refuse the case we'll help you draft an LBA.

[shimeld]

Hi.

Thank you all for the advice.

If I go to small claims, and they defend it and I loose, do I have to pay their costs?

Kind regards.

Paul

[lolerz]

Who said anything about losing a court claim?

Interact here and take our advice to heart and your likelihood of winning will shoot up.

And no, you're not responsible for their costs in small claims. Conversely, you won't get your legal costs paid if you win (Minus the fixed court costs)

 

[AndyOrch]

They may be able to recover a fixed amount of costs if they instruct counsel to represent them/their defence and they did defend successfully.

Unlikely though if your claim is sound.  

 

Andy

[jk2054]

You won't pay any of their costs in small claims even if you lose so long as you behave reasonably.

CPR 27.14(g) sets out the criteria for legal costs in small claims. " such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably"

So long as you are not unreasonable, you won't pay any of their costs other than court costs which means costs paid to the court, not costs for turning up to court.