Victim of Contaminated Fuel?
If you are one of the unfortunate people who have suffered loss and damage following from the purchase of contaminated fuel, you might be feeling bewildered by the numerous articles and broadcasts commenting on the offer by Tesco and the comment made by Morrisons regarding compensation. This article aims to give you some straightforward advice that should guide you through the claims process minefield.
What are my rights?
If you have purchased fuel from a filling-station then you have formed a contract with the company who sold you the fuel. In this case the main sellers that have been identified are Tesco and Morrisons.
Your rights are provided by virtue of the Sale of Goods Act 1979 which states that when the seller sells goods in the course of his business, those goods should be of satisfactory quality and fit for purpose. If they aren’t then the seller is said to be in breach of the contract and as such could be liable to pay a buyer of the defective goods some compensation.
Applying the law here, this means that if the fuel which you have purchased was in fact defective (either due to the contamination which has been talked about recently or for another reason) and by using the defective fuel in your vehicle it has caused you to have suffered some damage or incur some other losses, then you should be able to make a claim for compensation against the company who sold you the fuel.
What can I claim?
If the seller has breached the contract as we talked about above, the buyer may claim for ANY REASONABLE damage and losses which that breach has caused them.
The law says that the damage or loss must not be ‘too remote’, this means that there must be some link between the defective fuel and the damage or loss which you are claiming.
The buyer should also take some steps to minimise the damage or loss. For example if you had to hire a car whilst your vehicle was being repaired you are unlikely to be able to claim for the hire of a high powered sports car when a family saloon would have been OK for your needs.
But don’t be lead to believe that you can only claim for the repairs to your car, in addition to this cost, you could also claim for:
Recovery costs
The hire of a replacement vehicle
Costs of public transport
Loss of income
Goods that perished in your vehicle when it broke down
If in doubt claim the loss.
What proof will I need?
Firstly, you should look to provide some proof that you formed a contract with the seller of the fuel. This is simply done by providing some proof of purchase such as a receipt, credit or debit card statement.
Then you should look for proof that defective fuel was a cause of the damage and losses which you have incurred and, thirdly, you should obtain some proof of the value of your claim. This includes:
A report from the garage which repaired your vehicle
Receipts or invoices
Credit or debit card statements
In summary, you are looking to prove that (a) you purchased fuel from the company on whom you are claiming, (b) that the fuel was a cause your damages and losses and (c) the value of your damage and losses.
How do I make a claim?
The two supermarkets concerned have each set up a process for making the claims in connection to the defective fuel.
Tesco have issued a guidance note which can be found at:
http://www.tesco.com/petrol/petrol.asp
They have asked those affected to complete the following claim form
Morrisons have not published any guidance but have advised that any claims should be made by letter to the following address:
Customer Service Department
Wm Morrison Supermarkets PLC
Hilmore House
Gain Lane
Bradford
BD3 7DL
Tel. 0845 611 6111
It is encouraging to see that in their claim form Tesco’s have allocated some space to include losses other than the repair to vehicles. We would suggest you send your claim form to Tesco’s with a covering letter and to make life easier we have prepared a letter for you which can be adapted for your particular claim. You might also consider using the letter for making your claim on Morrisons.
We advise that you keep all copies of correspondence and of any reports or receipts etc. that you send. It is also a good tip to make a record of any phone conversation which you have with the sellers including the date and time of the conversation.
What do I do if I don’t receive a satisfactory response?
If you don’t receive a response within the time period which you set out in your letter you may commence legal proceedings. Refer to our Small Claims Guide on our website for a comprehensive guide to the small claims process and suggested letters which you could use to advise the sellers that given their lack of response you have decided to commence legal proceedings.
What if I didn’t purchase the fuel, but I suffered the loss?
You might find that if you didn’t purchase the fuel yourself, the seller refuses your claim. The law says that only the people and business who form a contract can sue on it. Therefore it might be argued that if you didn’t buy the fuel, then you don’t have a contract with the seller and therefore as there is no contract between you he cannot be in breach and so does not owe you compensation.
There are arguments that you could rely on to counter this if it arises. This will depend on the particular circumstances of your case. But you might wish to consider the following:
You might have given the money to the person who actually paid for the fuel. Therefore that person may have been acting as your agent and if so, you are the buyer of the fuel from the seller under a contract.
If someone paid for the fuel as a gift to you then it is possible that there is no contract between you and the seller of the fuel. You could in that case rely on the Consumer Protection Act 1987 and you should consult a solicitor who can advise you more fully on the aspects of your case.
That the seller was negligent in selling the defective fuel. Again this becomes a complicated legal argument and you should consult a solicitor who can advise you more fully on the aspects of your case.
What time do I have to make a claim?
Ideally you should make a claim as soon as possible whilst events are fresh in your mind. But if you are going to wait beware as the law says that if anyone makes a claim against someone based upon a breach of contract then that person has a period of 6 years, starting from the point at which the breach of the contract took place (in this case the breach takes place on the date when the fuel is put into your vehicle) to make a claim. In this context, ‘making a claim’ means having a claim form issued by the court which means having your claim form stamped by the court office.
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