Car wash damage

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UKSoulie
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Re: Car wash damage

Post by UKSoulie » Sat Mar 10, 2018 1:15 pm

Wow that's some damage im fully sympathetic with your dilemma & thanks for sharing this awful experience I suppose they've no doubt had numerous claims in the past and their legal team have said to cover our ars*s let's show a sighn saying "at your own risk" a bit like car parks an expensive learning curve but maybe not as expensive if you can claim from your insurance ..
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Barnsh
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Re: Car wash damage

Post by Barnsh » Sat Mar 10, 2018 4:46 pm

With regards to their letter they are wrong!

They provide a service that you paid for, they have a duty of care in law to provide thiscservice even if automated with care.

Get your insurance company on the case , you most likely havevlegal cover with your insurance anyway.

Plus pop down and make sure you photograph any signage they have, if you can’t read it, it’s is wrong in any way they will pay up when pushed. A bit like the obscure clamping signs ,signage which can be ruled as inappropriate etc quite easily.
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Chippy
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Re: Car wash damage

Post by Chippy » Sat Mar 10, 2018 4:50 pm

I’ve had a bit of a look around the internet and often found reference to the Unfair Contract Terms Act 1977.

I’m no legal expert but it seems as though it may well be relevant in the case if the signage put up by Morrisons.

Plus vote with your wallet and shop elsewhere in future.
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Barnsh
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Re: Car wash damage

Post by Barnsh » Sat Mar 10, 2018 4:54 pm

Re duty of care , it can even be caused by the person before you , do they check the machine, does it have any CCTV ?

https://www.telegraph.co.uk/money/jessi ... -asda-pay/
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Barnsh
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Re: Car wash damage

Post by Barnsh » Sat Mar 10, 2018 5:07 pm

A bit more here
The Supply of Goods and Services Act 1982 is on your side. Although it was extensively amended by the Sale and Supply of Goods Act 1994, the overriding principle remains the same: Section 13 of the former states "In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill." Provided you complied with the conditions that apply to that wash (ie, remove aerials, no spoliers or whatever they state) the supplier is bound to meet the reasonable cost of repair caused by the failure of his equipment.
My18 FPace, BRG, R Sport, Auto. 18 way mem Seats, ActiveLED, PrivGlass, ICTP, blis, cooled gloves, spare.
MY17 HSE 180 gone
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Mark_Quinn
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Re: Car wash damage

Post by Mark_Quinn » Sat Mar 10, 2018 9:37 pm

Get the insurance company to sort it out that’s what you pay for! Protected no claims and legal cover?
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philstox
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Re: Car wash damage

Post by philstox » Sat Mar 10, 2018 10:56 pm

Thanks for all the replies and advice regarding legal responses on this. Yes I have also got my insurance to fall back on but with a hefty excess to boot!
It shouldn’t cost me, or my insurance provider anything of course. Only the service provider in this case.
Cheers all !


DS SteveB
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Re: Car wash damage

Post by DS SteveB » Sun Mar 11, 2018 7:46 am

As others have said, get your insurance company involved, just bear in mind if you haven't got Protected No Claims Bonus that your bonus may 'step back' a percentage, usually 20%, which is a 'cost' to factor in (if your insurance company are unable to fully recover from the Third Party) & you usually also have to pay an excess (compulsory plus any 'voluntary') towards the cost of any damage claim. Check also if you have 'Legal Expenses' cover added to your Home Insurance, this could be an avenue without involving your motor insurance, depending on the wording! :D
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The Highlander
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Re: Car wash damage

Post by The Highlander » Sun Mar 11, 2018 7:56 am

Or take it into the main dealer and say it was rattling for a few days and it just came off! :shock:

Seriously, it shouldn’t have damaged like that, car wash or no. Shouldn’t surprise them with all the faults people are reporting.


UFO 555
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Re: Car wash damage

Post by UFO 555 » Sun Mar 11, 2018 9:13 am

Barnsh wrote:
Sat Mar 10, 2018 5:07 pm
A bit more here
The Supply of Goods and Services Act 1982 is on your side. Although it was extensively amended by the Sale and Supply of Goods Act 1994, the overriding principle remains the same: Section 13 of the former states "In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill."
I think you'll find, these Acts have now been replaced (1st October 2015) by the Consumers Rights Act 2015.
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