Subie Claire

I have a problem with the RAC. About 3.5 years ago, I had a repair done on my windscreen. Except it ended up being a replacement because the RAC fitter broke the screen he was trying to repair. My paperwork has "replacement" crossed out, and "repair" ticked. I didn't question it at the time - as far as I was concerned I had asked for a repair, and it was irrelevant that it ended up being a replacement.

Anyway, it turns out that the windscreen has been badly fitted. Unfortunately I didn't notice this at the time, but it has cause rust just about the windscreen where the trim wasn't put back correctly. I also didn't notice the rust until recently because I don't expect to find rust on my car so I wasn't looking for it, and also, because I don't use it regularly, I don't wash it often, so the rust could have been there for a year without me noticing.

My local subaru dealer has said that the cause of the rust is definitely a badly fitted windscreen, and they are willing to put this in writing. They also said that only subaru screens fit properly. The cost to make the bodywork good, and replace the windscreen with a well fitting one is looking to be around £500, so not cheap!

I have contacted the RAC about the problem and they are unwilling to take responsibility because they only guarantee for 3 years, AND because their paperwork says the screen was repaired, not replaced.

I have argued that bad workmanship should be guaranteed for life (I understand that the screen itself shouldn't be), and have also pointed out that if the windscreen wasn't replaced on the date in question, then it must have been replaced more recently, and therefore quite possibly less than 3 years ago. Either way, a badly fitting windscreen today would certainly have been badly fitting 3.5 years ago.

Their paperwork says that I do not have an RAC windscreen. My windscreen tells me I do, as it has an RAC logo on it.

Q1 Does anyone know where I stand legally when it comes to bad workmanship?

Q2 Is it true that only subaru screens fit properly?

Thanks in advance.

StickyMicky

i dont think you have much to stand on but the thing about subaru windscreens being the best fit is a touch sketchy

GC8

This is tricky; first-off you need to contact your insurer in writing and ask them to confirm that they paid the RAC, on what date and what for. Did the RAC ask you to make any contribution at all? Without a payment being made Im not sure whether it will be straightforward. I suggest that you write to the company immediately detailing the problem an stating that you hold them responsible. Consumer law (1979 Sales of Goods Act/ 1994 Sales and Supply of Goods Act) provides protection for six years and England and Wales. If you are able to establish that the RAC fitted the windscreen and when then I think that you are half way there. You have to expect them to bluff, dont be deterred.

Simon

Dave_68

As above, speak to your Insurer as they will have a bill for the balance that they would have paid to RAC. That will confirm the windscreen has been replaced & not repaired.

It's bo**ox that only Subaru screens fit properly, I'm a fitter for Autoglass & we never fit Subaru badged screens (Subaru won't make the glass anyway, so it's probably the same anyway. Pilkington etc etc)

It is true that the RAC only warrant there work for 3 years (Autoglass is lifetime) so your probably not gonna get much joy anyway unless it's under 3 years.

Generally it's not a poorly fitted trim that will cause rust, the fitter has probably caught the paint with a tool & not primered it properly. water+bare metal = rusting....

Dave

Subie Claire

Hi

Thanks for all your advice. The problem I have is that the windscreen was only ever supposed to have been repaired, therefore my insurance company won't have ever paid for a new screen. But I will persevere. At least I will know to check better if I ever have to get a new windscreen again.

Dave_68

Yes but they would have paid for the repair (there not free) so they will be able to confirm which one...

GC8

Claire, with regard to my point about payment: Im looking to establish that you made a payment to the windscreen company. That wasnt clear I realise, I also realise that youre unlikely to have had to pay seeing as you only needed a repair (irrespective of what you actually received). If you have had to make a contribution to the cost, paid to the fitting company, then you plainly have a contract with them. If you didnt then it doesnt mean that youre left high and dry, it just makes it a little more drawn out a process.

Making auto glass is highly specialised and there are very few factories in the world able to. Its common for an original windscreen and a non dealer-supplied part to be identical. An example of this is Porsche, both windscreens and drop glass. After paying for a couple at dealer price (with a ****-poor trade discount of 10%, which was all they used to give then); the fitter I used sourced similar parts from a local wholesaler. The part from an OPC cost just under £500; from a windscreen wholesaler in Chesterfield the same part cost a shade over £150. Both 'screens were identical in every respect, including the radio antenna and every other feature and they were both made by the same company. The only 'difference' was the inclusion of the PORSCHE script over the manufacturer's name on the 'original' part.

Its likely that you have access to free legal advice with your home insurance (or maybe with the AA); take it and establish exactly where you stand. Only contact the RAC by letter and keep a record of all correspondance; if they try to fob you then dont hesitate it taking them to court. In civil law you only need to make a convincing argument; you dont need 'proof'; it really wont be difficult to win.

Remember that you will have to take what youre entitled to; dont expect them to give it to you...


Simon

Subie Claire

cool, thanks

Houghton

iTrader: (1)

Presuming the RAC don't let 'just anyone' fit their logo'd screens or sell to third parties to fit, then regardless of when it was replaced, it had to be replaced by them.

If the poor fitting has resulted in corrosion, then they caused it and you have another point to argue.

Subie Claire

That was my point to them, but they insist they only guarantee for 3 years. I can understand guaranteeing the product for a limited time, but in my opinion workmanship should be guaranteed for life.

GC8

Companies commonly confuse their policy / guarantee with a consumers statutory rights. If you didnt pay them then you may not actually have a contract with them so the SoGA may not apply. They are guilty of a civil wrongdoing though so as long as you get your insurer to establish that they worked on your car, you shouldnt have too much difficulty in beating them, should it come to the Small Claims court.


Simon

Subie Claire

Anyone know a good succinct way of saying my rights cover me for 6 years? What does SoGA stand for?

Thanks

GC8

Sales of Goods Act. I'd explain pleasantly, that the 'three year guarantee' is part of their customer service policy and whilst it is now legally enforcable (previously it wasnt!); it is distinctly seperate from your statutory rights, which provide you with up to six years of protection is situations such as this.

If you didnt pay the RAC then you may not have a contract with them and the SoGA might not apply. This doesnt mean that the RAC arent responsible for the damage that they have caused though. You should speak to a (free; house insurance?) solicitor.


Simon

Subie Claire

In a queue on the phone to insurance bods as we speak! Thanks very much