Compensation

[Tempi]

I haven't posted about this before because i wasnt sure where it was all going, but just had a call from garage and need some advice!! (its going to be long, sorry!!)

Im not sure if anyone remembers but a while ago on the way back from West Wilts we had a tyre blow out and had to stop and wait fo recovery for 6 hours (with bloss in the back). We phoned our rescue company (i cant name them, sorry) and they said there was noone near us with a tyre to fit our lorry ad gave us another number to phone to get someone to tow the lorry. We then eventually (two hours later) got through to someone who could give us a tow, but we couldnt be towed with Bloss in the back so i had to phone a friend with a trailer to come and get her (we were in warminster so a good hour from home). They arrived (another two hours later at 630pm - we had left westwilts at 1:30pm) and took Bloss and me back.

While this had been going on someone called to say that they had found someone with a tyre near us and that they would come and fit it so mum could just drive the lorry home. They arrived, changed tyre and mum drove home.

We took lorry to our local place who are fab to get wheel nuts done&tyre pressures checked as advised after 50miles. They checked the tyre we had changed and were shocked - we'd been give a dud tyre - not only was it the wrong SIZE

it was totally bald and had wire sticking out of it where it had been worn down to the inner bit

We were obviously in a state of shock, as if we'd been stopped by the police with this tyre on our lorry would've been impounded there and then even if Bloss was in it and mum would've had a huge fine to pay plus points on her liscence.

Our lorry place took tyre off and sorted it all out and then took photos of the tyre and sent them to our recovery place to show what had happened.

The guy that owns the tyre place that came out to 'recover' us is on his way down to salisbury now to sort it all out as he dosent want it to go to court. Now mum and i dont know what is suitable for compensation as hes going to offer us something, what does everyone think?

Mum is going to have a word with our lorry garage and see what they think but i just wondered what your views are?

 

[LauraBR]

I think you should get on the phone to a solicitor and get some proper legal advice before he arrives... also think you should take him to court.

Apart from the police spotting the dud tyre it could have caused a very nasty accident.

 

[Tempi]

this is what ive said to my mum - i did also mention do a 'no win no fee' thing, but im not sure how good these are or what to do............

 

[dieseldog]

See what he offers and add a bit on top. Its not worth the hassle of going to court over. Your normal garage might be able to help on this one.

 

[Honeybee]

Sorry you will hate me for says this... BUT

If it was me I would be thankful that I didn’t get stopped by the police or no accident happen!!
Get them to pay for getting the tyre fixed??

Good luck xx.

 

[Tempi]

im not someone thats every chased anyone for anything, and we actually weren't going to ask for anything - but the guy is on his way down to see us to make us an offer and we just dont know what to take, thats all!

 

[Greyhound]

How much would the police of fined you had you have been stopped, how much are you paid an hour, how much did it cost for you friend to pick you up? I would make a list of all the figures and that will give you a figure, I wouldnt necessarily say the figure is right but you then have something to work to. Compensation is compensation for loss of costs etc.. You have a vaild argument always start high then you cant really loose.

I would give the CAB a call to see what they think though, or some other legal advice.

Gh

 

[Suzy]

Legally, you would be entitled to your losses ie the cost of replacing the tyre at your usual garage. Unfortunately, English contract law very rarely allows for compensation for stress, inconvenience etc (only in contracts that are designed for provision of pleasure e.g. holiday contracts). I would therefore ask him for at least the costs you have incurred in replacing the tyre, and ask for a bit more on top as a goodwill gesture. This will definitely be the simplest and easiest way to deal with the matter - if that fails you will (I should imagine) have to get the recovery people involved as I expect this person was a contractor engaged by the recovery firm, so your contract is with your recovery provider, not this person - but the recovery firm is liable for them (not sure if that will make any sense to anyone other than another lawyer- sorry!)

 

[baybeejay01]

I agree with Happybee, just be thankful nothing did happen, get them to pay for the tyre repairs and perhaps give you a spare wheel. We had a spare wheel for our lorry that we kept at home or travelled with it in the living area and it was just there if we needed it rather than panicking and relying on so called recovery people to get it right first time!

I would listen to what he is offering before making any decisions - you never know could be a million pounds!!

 

[Tempi]

i totally understand where you are coming from - so you are saying that because my recovery place contracted them out its up to them really ad not the guy that did it.

Thing is the guy who owns the firm of the guy that did the botch job wants to just pay us some money and be done with it, as hes got a very good well known family run business which he dosent want to get a bad name - hence why he wants to meet with us today.

 

[Bri]

Don't go near the 'no win no fee' things. Someone on here advised me against it when i had a car accident. They manage to charge you a hell of a lot in other fee's!!

 

[Suzy]

He'll probably be quite reasonable then - I think it is a good idea to sort it out informally. He is right, you could do much more damage to his reputation by word of mouth, than it would hurt him to be 'sued' for your losses as for the reasons I have given they are fairly low (thanks to you not having a further accident or getting stopped) and court fees would be low too as it would be a small claim.

Hope you sort it out - and maybe get a bonus bit of cash!!

 

[OWLIE185]

I am far more interested to know why the recovery company did not do the phoning around to get you the tyre and asked you to do it. the whole purpose of having breakdown cover is that they deal with everything.

Please name the company so that we know who to avoid.

There is one particular horsebox recovery company who have got a bad reputation for keeping people waiting and failing to respond to complaints.

Please p.m. me and let me know who they are.

I would also like an explanation from the tyre fitting company as to why an illegal tyre was fitted as this is outrageous.

 

[Tempi]

i dont think i explained quite right - we had to phone around for a lift for the horse (which we shouldnt have had to do as our recovery company say they take horse anywhere), but our recovery people phoned us back saying they had found someone with a tyre, so it wasnt someone we called off our own backs, they actually changed thier minds after telling us there was noone with a tyre - to that they had found someone with a tyre.

who is it who have a bad rep?? have pm'd you

 

[Sparklet]

Do you think it might be wise to tell the recovery people about the tyre so they dont use the same company in the future - perhaps you have already done that.

 

[Tempi]

Already done

 

[foraday]

there are 2 things at fault here both with the recovery company:-

1)your lorry recovery rescue

2)& the person they have employed to change your tyre (albeit a dud one)

The fine for an illegal tyre is £1000 per tyre and 6 penalty points on your licence (again per tyre). The police are not leniant when it comes to people just shrugging their shoulders and saying 'dunno guv' as seen on traffic cops a few weeks back. You have been lucky that you weren't stopped as it would be your mums licence that would be ruined so doubt if the man offering cash would be able to cover that!

Most recovery insurances are making it part of the membership that you carry a spare tyre as there are so many older lorries on the road and not every tyre place will carry your size in the workshop. check your membership first before starting to complain!!

Firstly I would expect your recovery company to offer you a full refund of your membership fee as after calling around and found no one about they should have contacted an authorised transporter to pick you and your neddy up and towed the lorry home on a tow truck.

I think I know who the recovery people are talking about and yes they are notorious for leaving you at the roadside waiting for hours and hours!

You need to advise them of the horrendous and dangerous trye fitter that was sent out to you.

Get some advice from the CAB asap and they will tell you whether it is wise to accept money off the tyre people. And maybe go for a solicitors letter and do it that way.

good luck and change your recovery membership asap!

 

[Jo C]

Getting slightly concerned now - could someone pm me the name of the recovery company to avoid or at least give me a hint please.