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Rac Breach Of Contract And An Appalling Lack Of Service

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Oiverbotel | 21:51 Thu 12th Feb 2015 | Law
11 Answers
I'd be most grateful for some advice. I'm extremely cranky with the RAC; not only because of their failure to fulfil our agreement, but particularly their complacent attitude.

History: I've been an RAC member for the past eight years. I pay, what I feel is a premium rate for better service. I pay for Full Coverage, including a package they call 'Home Start,' whereby they 'promise' to come to your home should you not be able to start your car.

Not once, in all these years of paying for RAC protection have I ever had to call, until this past Tuesday. My car would not start. I believed my battery to be flat.

In my initial call to RAC, I was put through a triage, asking me about the car and its problem. Upon my description I was 'promised' two things:

a. An RAC representative would be at my home no later than ninety (90) minutes from the time of my call, specifically 14:15. It was 12:45 when I completed my call with the friendly phone agent. She added, "if at all possible, the RAC would be there much sooner."

b. I was assured that during this waiting time, I would receive electronic updates via my phone as to the status of the RAC Service Agent and when he/she would be at my home.

By 14:30, not only had I not received even one single electronic 'update' on my phone, I had not received the courtesy of a call either.

At 15:05 I phoned the RAC. The agent I spoke with apologised and 'assured' me that I would receive a call from the Service Agent 'immediately!'

At 15:20 we still had not received either the courtesy of a call, nor any electronic communication via the phone.

We were certainly fine with the initial 90 minute wait. As the agent pointed out, we were in no 'emergency' situation. That was fine. However, our reason for using the car was to go to hospice to make our last visit. The individual died that night.

Leaving the emotional aspects out of this event and merely dealing with the RAC's failure to perform the service for which we've paid for many years, I phoned again, saying that as they had failed to provide the service for which we agreed, I had no choice but to find alternative transport, which we did.

Additionally, I told the phone rep that I wanted to cancel my service with RAC and have it refunded. She informed me that she could not deal with this and I would have to 'write' their customer service department. Which I did.

My anger regarding the RAC's response is palpable. Their initial written response was that it 'might' take them up to five days to respond, but then, again, it might take another eight weeks.

The gods must have been with us as we've already received an electronic reply, stating that as we were 'relatively safe,' they worked on more urgent matters. And as for our request for a refund, because we had not made such a request within fourteen days (14) of purchasing their service, we were entitled to no refund.

I hold my hands up; I know nothing about law, contract or otherwise. But I feel I and RAC entered into an agreement for a service to be provided. They failed to perform said service. And they exacerbated matters by their multifarious failures.

I'd be most grateful for your advice. I'm terribly disappointed after believing the RAC's promises.

Ollie

It is the appalling and complacent first reply
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. I had this twenty or so years ago - they gave me my sub back, without prejudice. I wasnt sure if I could sue for the total cost of the run around. I knew I was onto a loser, when the car was broken into and disabled, and I rang the RAC and got..... dring dring.... them: yes ? me : is that the RAC ? them : could be..... (!!) then when I complained I got a lovely girl: 'yeah...
10:47 Fri 13th Feb 2015
If I had been in this situation and needing to go somewhere I would have taken alternative transport to the hospice and then taken the rest of the afternoon to get home. Then I would have got up earlier than usual & phoned the RAC the next day early knowing I may have to wait, then gone back to bed. I think my emotions may have clouded my mood had I waited in.
i don't think the contract specifies a certain time frame that they come to you.
posted too soon! So it's not a breach of contract
Have you changed your mobile number since you registered?
Question Author
Thanks everyone for your input. It was a highly emotive moment. But we figured we could wait a couple of hours...but didn't anticipate it morphing into many. After their failure to deliver we did arrange alternative transport. We called just as we were leaving for Hospice when a neighbour took us.
I had felt because RAC did, in fact, provide a time, there was an agreement established. It was in this that they failed. And subsequently in our further endeavours to get them to perform. At no point did they ever try to rearrange a time, nor did they attempt to inform us of any delays. It was merely...'tough.' That's the only reason I felt they were in breach of contract - specifically in that an agreement to provide the service was made and not fulfilled as promised.
Thanks for all the advice!

Ollie
in all honesty, i think you are being rather emotional about htis (don't get me wrong, i can see why) - the RAC T+C does not have a time limit set as to when they will get to you and imho they do have a point - it's not like you were a pregnant woman sat on the side of the motorway with two toddlers screaming for food waiting for hours for someone to help you. I think most people would reasonably expect a wait for someone to get to them, and could understand the reasons if they cant. I think the only thing you can do is vote with your feet, and change companies. However, i don't suppose any other company would guarantee to be with you within a certain time either
ok it doesn't help but really, you let a flat battery immobilise you? Don't bother with home start, get one of these:
http://www.ebay.co.uk/itm/12V-PORTABLE-CAR-JUMP-STARTER-AIR-COMPRESSOR-BATTERY-START-BOOSTER-CHARGER-LEADS-/190960847751?pt=LH_DefaultDomain_3&hash=item2c76274b87
and save the premium.
.

I had this twenty or so years ago - they gave me my sub back, without prejudice. I wasnt sure if I could sue for the total cost of the run around.

I knew I was onto a loser, when the car was broken into and disabled,
and I rang the RAC and got..... dring dring....
them: yes ?
me : is that the RAC ?
them : could be..... (!!)

then when I complained I got a lovely girl:
'yeah we've investigated, and when you rang and said you needed help, we didnt think you needed help, yeah ? so we didnt do narfin, yeah OK byeeee !"

change to the AA
Ollie sorry to hear about this
it is quite obvious that the whole thing was worsened by the emotional context. Walk away and join the AA

When I had the break in, and no-go from the RAC I asked for help from the fambly who were near and one said, "oh my husband will take you back from the garage [which would repair the car]" and dispersed shopping. When I said to the fella; " Can we go [to Hayle] ?" - he said No I am going swimming and picked up his cozzy and towel and walked out. I was left in the kitchen with a broken-into car outside.
So I pulled up stumps and went home.

and it has changed my behaviour. when I see people who may need help I say, hellp is there anything I can do to help ?

and as a result I have had a few adventures but that as they say is another story

Question Author
Thank you everyone! It has been most enlightening. Indeed, there was emotion attached to what happened. The only issue I really wad was the fact RAC had given me a set time, then not only failed to complete that agreement, they simply ignored me after.
Thankfully, consumers have some unique rights we didn't always have in the past; that's the right of choice. And now, I shall exercise that right and choose to give my money to someone else. After all these years, it was just disappointing.
Also, thanks for the car-start link. I've seen them before. Might get one.
And Peter, you're indeed right! Thank you very much indeed!

Ollie+
I wouldn't rush to buy one if I were you. Unless you are prepared to charge it on a weekly basis.

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