Does a lease company need to inform you of a recall?

madasamoht

Pretty interesting question on behalf of a colleague..
She has a plug in hybrid car on personal lease and charges it on an outdoor 3 pin socket that came with her new build house for the purpose of charging electric vehicles. Last month there was a fire whilst the car was charging. Fortunately the damage was relatively light and no one was hurt but we're still talking around £1000 to make good (new socket, wiring and charger for the car). 

The cause of the fire was diagnosed as a faulty plug on the car charger. The car manufacturer stated that they were not liable as there was an outstanding recall on her car for this exact issue and that they had notified the registered keeper of the vehicle, the lease company, back in October 2019 and again in June this year (they've provided ample evidence that they've done this). I have the same car from the same lease company and haven't been notified either.

The lease company admit that they never notified her of the recall but their defense is that they don't have to? I don't believe that for a second but can't actually find any legislation or anything online that suggests they do (or don't). Does any one have any experience or advice?

AdrianC

When did the car last go to a franchise dealer for service?

madasamoht

AdrianC said:

When did the car last go to a franchise dealer for service?

First service isn't due for another few months so it hasn't yet.
They would have told her - when i found out i got my identical charger swapped by my local dealer the next day.

AdrianC

Is the recall listed on https://www.gov.uk/check-vehicle-recall ?

facade

I think that under the terms of the consumer Protection Act, that the manufacturer of a defective item is ultimately liable.

https://www.pinsentmasons.com/out-law/guides/product-liability-under-the-consumer-protection-act.

However, it is not her car, and logically, her house insurance should be seeking redress from the owner of the defective car that has caused damage to her property.

Does raise a question though, suppose there was a steering defect that caused an accident in which a whole coach-load of Nuns & Kittens were seriously injured.  The Nuns & Kittens would be claiming against the driver, presumably the driver's insurer would then be claiming against the owner of the vehicle, who had failed to notify the driver of the possible defect that they were fully aware of. 

I expect the lease company has some sort of insurance/legal cover to deal with this and bounce it back to the manufacturer.

Grumpy_chap

The lease company would seem to have a moral duty to advise and also in their interest to protect their asset, so I am surprised that the lease company did not inform the users.  Is it possible that the employer was informed and they failed to pass the information on (not sure if the OP has company lease or personal lease)

Car_54

Grumpy_chap said:

The lease company would seem to have a moral duty to advise and also in their interest to protect their asset, so I am surprised that the lease company did not inform the users.  Is it possible that the employer was informed and they failed to pass the information on (not sure if the OP has company lease or personal lease)

According to the OP, "She has a plug in hybrid car on personal lease".

Car_54

facade said:

I expect the lease company has some sort of insurance/legal cover to deal with this and bounce it back to the manufacturer.

No point in bouncing back to the manufacturer. They "had notified the registered keeper of the vehicle, the lease company, back in October 2019 and again in June this year (they've provided ample evidence that they've done this)."

CasualBagger

Not a lawyer... but I will chip in my 2 cents for the hell of it.
 
I think the lease company are liable for damages against her because their defective property caused damage to the house (but check the terms and conditions to see if she waived this right). 

After the lease company is successfully sued then the lease company can sue the manufacturer... Although, the manufacturer clearly have a pretty good defence against this second lawsuit.

facade

Car_54 said:

facade said:

I expect the lease company has some sort of insurance/legal cover to deal with this and bounce it back to the manufacturer.

No point in bouncing back to the manufacturer. They "had notified the registered keeper of the vehicle, the lease company, back in October 2019 and again in June this year (they've provided ample evidence that they've done this)."

I'm no legal expert, but I would have thought that would only reduce the damages payable, but not avoid the responsibility, so liability would be shared between owner and manufacturer, in a proportion decided by a court.

As has been clearly demonstrated here, merely writing to the registered keeper isn't enough- just look at all the fuss with those Whirlpool washers that burn your house down, press releases and everything, not just a discrete letter.

Grumpy_chap

Car_54 said:

Grumpy_chap said:

The lease company would seem to have a moral duty to advise and also in their interest to protect their asset, so I am surprised that the lease company did not inform the users.  Is it possible that the employer was informed and they failed to pass the information on (not sure if the OP has company lease or personal lease)

According to the OP, "She has a plug in hybrid car on personal lease".

Thanks - I missed that after "question on behalf of a colleague.." which put me in company car mode of thinking.