Historic product recall - Newteam Power 201 Thermostatic shower

ShopGirl2021

We recently returned home to find that our Newteam Power 201 Thermostatic shower in our en-suite had started to run the motor on it’s own despite being switched off so the internal switch must have failed.  It was overheating and the casing melting. The only way to turn it off was on the main power switch outside the room.  Since then having removed the cover we can see the internal wires have started to melt and it us all black inside. Needless to say it has been switched off at the main switch since. 

We have since discovered after talking to a neighbour that there was a product recall on this shower in 2004 for a fire risk - appears same problem. We only moved here in 2012 so unsure if previous owners knew and made contact with the company at the time. The shower is likely 19 years old (house built in 2002.  The product recall was on the uk-fai.org site





One of our main concerns is that the other bathroom has the exact same shower and the same could happen and we may not be so lucky to come home before a full fire starts. 

Newteam no longer exist but have been taken over by Bristan whom we contacted for advice.  They cannot tell us if anyone ever came to check these showers and are taking no responsibility saying that since the shower is so old, if it had that fault it would have failed long before. They have however advised us not to use the other shower. They have offered a good will gesture of £200 in total for going towards replacing the showers. See below:

I am sorry to learn of the issue you have experienced with your Newteam shower and do understand your concerns. I have reviewed your case with our advance technical team and it has been confirmed that the recall fault would have not been present in either of your showers, as they would have failed many years ago.

I note from your previous correspondence that you have a second shower in your home and we do recommend this shower to also be replaced.

In light of the issue, you have experienced, as a goodwill gesture, without prejudice and without accepting liability, we would be willing to offer you a contribution of £200 towards the replacement showers.

As payment is by a form of cheque please would you be so kind to advise to whom the cheque is required to be made payable to, upon receipt we will then raise the relevant paperwork for our accounts team where a cheque will be raised in full and final settlement of your case.

Surely as a company they have more responsibility because of the product recall despite the number of years passed?  There does not appear to be any damage except to the shower itself but someone else suggested contacting our home insurance and making a claim. This will only assist with dealing with the damaged shower and not sure if it would even be covered.

Can anyone advise about any consumer rights we have in relation to Bristan or anything else that might help us decide what to do. 

pbartlett

My view is that the shower is 19 years old and has worked until now, so highly unlikely you have any consumer rights on this.

Your insurance company is very likely to say this is fair wear-and-tear (ie 19 years of use) and thus decline to pay.

user1977

I would take the £200 and run. I can't see that you have any more rights given it's obviously at least 17 years old and you weren't the original purchaser. Insurance is unlikely to be relevant unless there had been damage to something else.

ShopGirl2021

Here are the photos

visidigi

Take the £200 and run like the wind.

Manxman_in_exile

I too think Bristan's offer is pretty generous.

The fact you've traced a product recall from 17(?) years ago sort of suggests to me that Newteam (or whoever) did what they were required to back in the early 2000s in terms of publicising the possible risk and informing users.  If you have a complaint agianst anybody - and even this is clutching at straws - it would be against the vendor, or whoever didn't follow up on the recall.  (And you don't even know that the recall was not followed up).

Maybe you could argue that your surveyor should have been aware of the recall when you purchased back in 2012 and alerted you to it.

If the recall was 17 years ago and you've lived there for 9 years without a problem with it, I doubt the law will get you more than the £200 Bristan are offering.  What would you claim off them for anyway?  You're talking about replacing what seems to be a 19 year old shower that's been working without trouble for all those 19 years.  I doubt a court would award you anything.

(You can only claim for your actual losses - not for "What would have happened if the house burned down and we were in it?".  It didn't and you weren't.)

ShopGirl2021

Thank you for the comments 

lincroft1710

Considering  that a few weeks ago Triton were offering to fit a new shower for existing customers for £200 all in, Bristan's offer doesn't seems unreasonable, especially considering they have no legal liability towards you 

lincroft1710

Manxman_in_exile said:

Maybe you could argue that your surveyor should have been aware of the recall when you purchased back in 2012 and alerted you to it.

A surveyor is extremely unlikely to be aware of any electrical fitment recalls. At best the survey would say "we were unable to test any electrical appliances and if you have any doubts about their condition, we would suggest you get them checked by a qualified electrician" or similar.

pinkshoes

£200 towards a new shower when the old one is 19 years old?!?! Bite their hand off!!!!

At that age it is not surprising it is starting to malfunction... You wouldn't believe how many electric showers are the cause of fires!

born_again

Manxman_in_exile said:

Maybe you could argue that your surveyor should have been aware of the recall when you purchased back in 2012 and alerted you to it.

But that would all depend on the type of survey the OP took out. Many just take a basic "Well it looks OK" not a in depth check everything.