AA and their contractor have damaged my car

TrickyWicky

Pete283 wrote: »

Because its more than just a slot in slot out job with my car - you must remove all the plastics around the bottom of the windscreen, I also dont own the tools to do so.

It's easy for people to forget that not all cars have the battery in the engine bay that is easily accessible. My first car had its battery under the windscreen surrounded by plastic that needs tools to remove. In your scenario I'd say you were correct to expect them to assist you.

Pete283

The AA and the contractor are both now denying they should pay any inconvenience costs and will only pay to put right what has gone wrong. Trading standards agree they should pay for inconvenience

Now I know im being consistently thick - what sort of things can I include that i'd like to be paid back to me. Nothing from either company so far as a gesture of good will even, let alone an apology!!

AlexisV

They've breached their contract with you, which was that you pay X amount a month in exchange for the service of (in this case) replacing your battery as necessary.

The remedy for breach of contract is to put you in the same position as if the breach had not occurred, which includes recompensing you for losses incurred.

There is flexibility when it comes to 'reasonableness', so you couldn't expect to hire a chauffeur whilst they fix your car. But at the end of the day, it was replacing a battery, not an engine transplant.

I would put your demands in a letter, so that there is a written record.

But for the time being, I would just concentrate on getting the car sorted. You have 6 years to pursue the costs aspect (if you end up taking small claims action).

Sgt_Pepper_2

AlexisV wrote: »

They've breached their contract with you, which was that you pay X amount a month in exchange for the service of (in this case) replacing your battery as necessary.

The remedy for breach of contract is to put you in the same position as if the breach had not occurred, which includes recompensing you for losses incurred.

There is flexibility when it comes to 'reasonableness', so you couldn't expect to hire a chauffeur whilst they fix your car. But at the end of the day, it was replacing a battery, not an engine transplant.

I would put your demands in a letter, so that there is a written record.

But for the time being, I would just concentrate on getting the car sorted. You have 6 years to pursue the costs aspect (if you end up taking small claims action).

Can you point out which part of the contract makes a breakdown service a personal mechanic.

cyclonebri1

Pete283 wrote: »

Long one this but just incase any legal types are lurking could do with a bit of advice.

Last Thursday night the battery in my car died, so I called out the RAC (whom I have a years cover with already paid for, but I dont have home start but every other service). They came out and jumped my car, and I got home lovely. The next morning I went and pruchased my own battery because ironically I know you can get ripped off with these. Because its a pain in the !!!! to get a new battery in my 51 plate corsa, I called the AA out (Who I have homestart with through my bank account) to fit the battery that I had bought. When the guy arrived to fit my battery, he said he couldnt fit it due to 'the handle being in the wrong place'. He sold me one of AA's batteries for 75 quid. I took the original battery that I had bought for a refund and was told that i'd been tucked up, and that the handle comes off easy and the guy will have known that (he showed me how easy in the shop). So I rang the AA and complained and they agreed it sounded like the guy had tried to do me for commision, refunded the money and organised a patrol to come and swap the batteries over and recover their battery. The AA guy had also left the battery clamp lose - so could have meant my battery sliding from side to side.

The next day a well known contractor came out and removed the aa battery to put my battery in. When he did, he put it on top of the battery clamp, and after closing the bonnet, it earthed - possibly writing my car off. There was a small bonnet fire and my negative cable was burnt so bad you could see the wire, the nut and bolt on the positive had gone through the bottom half of my bonnet and caused damage and also the nut and bolt had fused together. I got the guy to ring his controller and state on his paperwork the damage he had done.

I rang the aa and they put me through to their claims department, and also the contractors as I needed to be at work for 4pm, and it was about 12.30, knowing that if I was late for the job i'd started that monday i'd lose my job (no lateness or sickness within first 2 weeks). The contractor provided me with a courtesy car for 3.30 and I was 15 mins late and had to explain (now on a fine line with work) and advised me to go through them and cut out the middle man (the aa) and they would have the problems sorted out. They initally offered me my car being repaired by them in one of their workshops, which i refused and said i'd like the work done in my garage and they can pay the cost. My garage have told me that it was about 200 - 300 pounds worth of damage. They also said that they do tests and repaired everything that the tests said needed to be, but I know a few months down the line another wire might go costing me money. I have asked the garage to visually check all the wires theycan and charge the company the labour if they have to to avoid this. The company who did the damage also want to provide the new bonnet to be fitted to the car by my mechanics.

I have been speaking with a shirty little !!!!!, the companies operations manager, who seems to think im unreasonable with my demands but I cant afford repairs or a new car if it goes wrong again so need to make sure everything is 100%. I said Im thinking of making him pay for one of these warranties on my car for a period of time, and he got all 'i'll take it down the insurance route'. I haven't informed my insurance yet as I know it puts it up even if it is a non fault claim, but I do have legal cover and courtesy car on it. They have already accepted liability. I know my car had 3/4 of a tank of petrol in it, but had to fill up the courtesy car - causing me unreasonable expense - as it was delivered with an empty tank (plus left indicator bulb out, rear wiper perished and smears and the tracking is well off). It also cost me half an hours wages, a stupid amount of stress and inconvenience. Also having to plead for your new job after 4 days isnt always great. Also ruined my few days off I do get having to be on the phone all the time trying to arrange things etc.

The operations manager also says he has yet to recieve a call from my garage with either a quote or to say work has commenced, after ringing my garage the owner says they rang him yesterday with a quote and was told 'do what you need to to get it started' - I dont want it started, I want it fixed back to normal. I've told my garage this and they agree.

What are my options etc? Apologies for the long sensible post but I know theirs a few law types on here that may be able to help. Thanks in advance!!

I think the 1st thing you should do is apologuise for the extended rant to be honest.
OK, you have been wronged, but keep focused, don't go off on one, , it makes it dam difficult to follow.

If you are "owed" peeps on here will point you straight.

Pete283

Sgt_Pepper wrote: »

Can you point out which part of the contract makes a breakdown service a personal mechanic.

The point in which they agreed to provide the service after my enquiry as to whether they would come out and help fit it.

My car WAS broken down - as the battery in the car when I called them out was dead. I couldn't start my car at all.

Sgt_Pepper_2

Pete283 wrote: »

The point in which they agreed to provide the service after my enquiry as to whether they would come out and help fit it.

My car WAS broken down - as the battery in the car when I called them out was dead. I couldn't start my car at all.

Yeah you broke down and the rac sorted that. You vIen chose the cheap skate option and ended up in this mess.

My car needs new brake discs. If I buy them should I expect the AA to fit them?

Pete283

Sgt_Pepper wrote: »

Yeah you broke down and the rac sorted that. You vIen chose the cheap skate option and ended up in this mess.

My car needs new brake discs. If I buy them should I expect the AA to fit them?

If we all had lots of money, would any of us be on here? I chose to use the resources that I pay for and the services that they advertise. Turns out, they can't even do the simple task of fitting a battery correctly so won't be using the AA ever again. The RAC also didn't reach a full conclusion to my problem as both were offering batteries for £75, with 3 year guarentee's. I got myself a better battery with 4 years guarentee for £50. Simple bit of economising really.

Now would you like some help down off that high horse of yours, or are you ok?:)

Sgt_Pepper_2

So have you really saved £25?

You need to be onto the AA and ask them to save the recording of the phone call when they agreed to fit your battery. Without that proof it didn't happen, if you know what I'm saying.

cyclonebri1

Pete283 wrote: »

If we all had lots of money, would any of us be on here? I chose to use the resources that I pay for and the services that they advertise. Turns out, they can't even do the simple task of fitting a battery correctly so won't be using the AA ever again. The RAC also didn't reach a full conclusion to my problem as both were offering batteries for £75, with 3 year guarentee's. I got myself a better battery with 4 years guarentee for £50. Simple bit of economising really.

Now would you like some help down off that high horse of yours, or are you ok?:)

Because some of us that have are trying to save some of them that don't some money, ;)

If you go figure you will find more peeps trying to advise than are asking for advice,