R.A.C - 14th Aug 2012 12:18pm
Some time ago I had a problem with a battery on my car, the RAC man said I had a dead cell in my battery thats what was causing a weird electrical fault.
So they recommended a buy a battery from them for £103.99, which I stupily did.
This did not solve the problem.
I took my car to Fords, and was told the battery on my car is not suitable, as my car needs a Silver calcium battery, due to smart charge system, I purchased a correct battery from fords, and car is perfect now.
This is where all the fun starts, I contacted RAC and told them, what Fords had said, they told me to get a report from fords stating this.
The RAC then after reading the report, stated that Fords where wrong, (the people who designed and built my car did not know what they where talking about).
I managed to track down the operations manager from RAC and emailed him.
Copies of emails:
1:
From:
Sent: 24 July 2012 14:23
To:
Subject: Complaint
Are you the correct person to help me with a complaint about the rac.
Ref: ******
RAC sold me goods not fit for purpose, and has been proved by Fords, that it is the incorrect item, and fords say the item should not be fitted on my car.
I have sent 12 emails to complaints dept and have never ever received a reply.
I have cancelled my direct debit for my membership untill this has been sorted out.
2:
From: ********.co.uk
To:
Subject: RE: Complaint
Date: Wed, 25 Jul 2012 16:29:28 +0000
Dear Mr
I’ll certainly try to help. Can you clarify the reference please that’s missing from your mail and I’ll be happy to review our position.
Regards
3:
From:
Sent: 26 July 2012 21:13
To:
Subject: RE: Complaint
Sorry I missed that out
REF : ******
Just like to point this out:
Under the Sale of Goods Act 1979 (As Amended) all goods supplied by a trader to a consumer must be fit for any purpose made known to the seller. If you make it known to the seller that the goods are needed to fulfil a specific purpose before buying the goods, then the goods should be suitable for that purpose. If the goods are not suitable for that purpose, you may have a short time in which to return the goods to the trader and ask for a refund.
The goods: namely the car battery is NOT suitable for my vehicle, even FORDS the people who designed and built my car say this battery should not be used on my vehicle.
TO
RAC Motoring Services
RAC House
Brockhurst Crescent
Walsall
WS5 4AW
26 July 2012
Dear Sir or Madam,
Complaint about faulty goods
I bought a Car Battery from you on 1st June 2012. I paid £103.99.
The battery is not suitable for my vehicle: I was told by yourselves it was, and if you listen to the recorded phone call when I placed the order, I was told it was, even after me telling the person on the phone my car has smart charge charging system.
Fords have said my vehicle needs a Silver Calcium Battery due to smart charge charging system.
Under the Sale of Goods Act 1979 (as amended) goods you supply must be fit for purpose. As there is a problem with the goods when I bought them, I request that you arrange collection of the goods at no cost to me. and refund me £103.99
I have attached a copy of the paper work from FORDS in support of my claim.
See attached pic and attached pdf file. Take a look at page 9 of the pdf file on right hand side of page that is highlighted.
I now have a Silver Calcium Battery on my car, and my car runs perfect, the battery I bought from yourselves is now sitting in my shed.
Please respond within 14 days of receiving this.
Yours faithfully
4:
From:
To:
Subject: FW: Complaint
Date: Fri, 10 Aug 2012 12:07:07 +0000
Thank you for your patience whilst I have reviewed your concerns about the battery we supplied to you on the 1 June 2012.
I would first point out that the Patrol
who initially attended your car on the 1 June 2012, reports that, having tested your original battery, he did not consider it needed replacing. He advised you that he suspected the fault to be with your vehicle’s charging system and followed you to a nearby garage able to supply and fit an alternator for you. However, in the meantime, you wished to purchase the battery from RAC regardless.
A second Patrol carried out further checks to your car on the 2 and 28 June and was unable to confirm that the battery we supplied was responsible for the problems you were experiencing. Again, the advice was that garage checks were needed.
We have seen the Ford publications you have submitted for our consideration, however, we have received no garage reports that confirm the Bosch battery supplied by RAC is unsuitable for your car. The technology within the battery we supplied is perfectly able to cope with your vehicle’s smart charging system. Furthermore, we have supplied many such batteries to Fords and are not aware of any adverse consequences.
In these circumstances, I have seen no evidence to confirm why it was necessary for you to buy a further battery, or that ours was not ‘fit for purpose’. Ifyou have any such information then I remain happy to consider it. Please accept my apologies for any continued disappointment with the situation but it remains our position that we are unable to refund your costs.
I hope that I have clarified our position for you.
5:
From:
Sent: 10 August 2012 14:42
To:
Subject: RE: Complaint
The patrol that came out, told me there was a dead cell in my battery.
It was obviose you where going to side with your people.
You sold me something not suitable for my car, AND WILL NOT ADMIT IT
See you in court, even the trading standards say
I will win the case, but had to give rac a chance.
I WILL GET MY MONEY BACK, ONE WAY OR ANOTHER, DO NOT THINK FOR 1 MINUTE THIS IS OVER.
YOU HAD ALLREADY MADE YOUR MIND UP FROM DAY ONE, SO WHY WASTE MY TIME.
And today I receive this
From:
To:
Subject: RE: Complaint
Date: Tue, 14 Aug 2012 08:54:54 +0000
Dear Mr
I am sorry that I have been unable to assure you of our belief the battery was sold legitimately. That remains our position and we accept responsibility for the further costs you incurred buying another battery.
However, I have no desire to force you into action that, frankly, would benefit neither party. As a gesture of goodwill and upon the understanding we can collect the Bosch battery supplied to you, I will agree to refund (direct to your card) the £103.99 you paid RAC. Also the £189.99 you paid Fords for the new battery. Acceptance of this would be in full and final settlement of your claim.
I would be grateful if you could confirm your understanding of this and I will arrange for the battery to be collected.
This goes to show that Perseverance pays off.
Do not take no for an answer, if you know you are in the right.
So they recommended a buy a battery from them for £103.99, which I stupily did.
This did not solve the problem.
I took my car to Fords, and was told the battery on my car is not suitable, as my car needs a Silver calcium battery, due to smart charge system, I purchased a correct battery from fords, and car is perfect now.
This is where all the fun starts, I contacted RAC and told them, what Fords had said, they told me to get a report from fords stating this.
The RAC then after reading the report, stated that Fords where wrong, (the people who designed and built my car did not know what they where talking about).
I managed to track down the operations manager from RAC and emailed him.
Copies of emails:
1:
From:
Sent: 24 July 2012 14:23
To:
Subject: Complaint
Are you the correct person to help me with a complaint about the rac.
Ref: ******
RAC sold me goods not fit for purpose, and has been proved by Fords, that it is the incorrect item, and fords say the item should not be fitted on my car.
I have sent 12 emails to complaints dept and have never ever received a reply.
I have cancelled my direct debit for my membership untill this has been sorted out.
2:
From: ********.co.uk
To:
Subject: RE: Complaint
Date: Wed, 25 Jul 2012 16:29:28 +0000
Dear Mr
I’ll certainly try to help. Can you clarify the reference please that’s missing from your mail and I’ll be happy to review our position.
Regards
3:
From:
Sent: 26 July 2012 21:13
To:
Subject: RE: Complaint
Sorry I missed that out
REF : ******
Just like to point this out:
Under the Sale of Goods Act 1979 (As Amended) all goods supplied by a trader to a consumer must be fit for any purpose made known to the seller. If you make it known to the seller that the goods are needed to fulfil a specific purpose before buying the goods, then the goods should be suitable for that purpose. If the goods are not suitable for that purpose, you may have a short time in which to return the goods to the trader and ask for a refund.
The goods: namely the car battery is NOT suitable for my vehicle, even FORDS the people who designed and built my car say this battery should not be used on my vehicle.
TO
RAC Motoring Services
RAC House
Brockhurst Crescent
Walsall
WS5 4AW
26 July 2012
Dear Sir or Madam,
Complaint about faulty goods
I bought a Car Battery from you on 1st June 2012. I paid £103.99.
The battery is not suitable for my vehicle: I was told by yourselves it was, and if you listen to the recorded phone call when I placed the order, I was told it was, even after me telling the person on the phone my car has smart charge charging system.
Fords have said my vehicle needs a Silver Calcium Battery due to smart charge charging system.
Under the Sale of Goods Act 1979 (as amended) goods you supply must be fit for purpose. As there is a problem with the goods when I bought them, I request that you arrange collection of the goods at no cost to me. and refund me £103.99
I have attached a copy of the paper work from FORDS in support of my claim.
See attached pic and attached pdf file. Take a look at page 9 of the pdf file on right hand side of page that is highlighted.
I now have a Silver Calcium Battery on my car, and my car runs perfect, the battery I bought from yourselves is now sitting in my shed.
Please respond within 14 days of receiving this.
Yours faithfully
4:
From:
To:
Subject: FW: Complaint
Date: Fri, 10 Aug 2012 12:07:07 +0000
Thank you for your patience whilst I have reviewed your concerns about the battery we supplied to you on the 1 June 2012.
I would first point out that the Patrol
who initially attended your car on the 1 June 2012, reports that, having tested your original battery, he did not consider it needed replacing. He advised you that he suspected the fault to be with your vehicle’s charging system and followed you to a nearby garage able to supply and fit an alternator for you. However, in the meantime, you wished to purchase the battery from RAC regardless.
A second Patrol carried out further checks to your car on the 2 and 28 June and was unable to confirm that the battery we supplied was responsible for the problems you were experiencing. Again, the advice was that garage checks were needed.
We have seen the Ford publications you have submitted for our consideration, however, we have received no garage reports that confirm the Bosch battery supplied by RAC is unsuitable for your car. The technology within the battery we supplied is perfectly able to cope with your vehicle’s smart charging system. Furthermore, we have supplied many such batteries to Fords and are not aware of any adverse consequences.
In these circumstances, I have seen no evidence to confirm why it was necessary for you to buy a further battery, or that ours was not ‘fit for purpose’. Ifyou have any such information then I remain happy to consider it. Please accept my apologies for any continued disappointment with the situation but it remains our position that we are unable to refund your costs.
I hope that I have clarified our position for you.
5:
From:
Sent: 10 August 2012 14:42
To:
Subject: RE: Complaint
The patrol that came out, told me there was a dead cell in my battery.
It was obviose you where going to side with your people.
You sold me something not suitable for my car, AND WILL NOT ADMIT IT
See you in court, even the trading standards say
I will win the case, but had to give rac a chance.
I WILL GET MY MONEY BACK, ONE WAY OR ANOTHER, DO NOT THINK FOR 1 MINUTE THIS IS OVER.
YOU HAD ALLREADY MADE YOUR MIND UP FROM DAY ONE, SO WHY WASTE MY TIME.
And today I receive this
From:
To:
Subject: RE: Complaint
Date: Tue, 14 Aug 2012 08:54:54 +0000
Dear Mr
I am sorry that I have been unable to assure you of our belief the battery was sold legitimately. That remains our position and we accept responsibility for the further costs you incurred buying another battery.
However, I have no desire to force you into action that, frankly, would benefit neither party. As a gesture of goodwill and upon the understanding we can collect the Bosch battery supplied to you, I will agree to refund (direct to your card) the £103.99 you paid RAC. Also the £189.99 you paid Fords for the new battery. Acceptance of this would be in full and final settlement of your claim.
I would be grateful if you could confirm your understanding of this and I will arrange for the battery to be collected.
This goes to show that Perseverance pays off.
Do not take no for an answer, if you know you are in the right.
