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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I broke down in my car on 6/10/15. i was only ten minutes

Customer Question

hello
I broke down in my car on 6/10/15. i was only ten minutes away from my house by car but it was not walkable. I had my 18month old daughter in the car with me.
It took my breakdown company 6 hrs to get me home as none of their breakdown recovry vehicles had ISOFIX fittings in them so they had to get me a taxi - after i told them too after waiting hours.
Is there a case against them that they should have ISOFIX fittings in some of their vehicles to coinside with the new ISOFIX laws?
appreciate your help?
thanks
Emma
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Emma my name is ***** ***** I will help you.
Did any of their terms say they had to carry these parts please?
Customer: replied 1 year ago.
They didnt give any documentation for what was in it just it was breakdown national plus cover. it was an add on payment to my car inurance rather than an individual place
Expert:  Ash replied 1 year ago.
There is no law that says they need to carry ISOFIX parts. However what you might have is a claim for breach of contract by failing to act with all reasonable skill and care.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
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