Fiat Issue

sabelu

We have recently had issues with Fiat earlier this year we had a warranty repair needed on our Fiat 500x half a day job but ended up with the car off of the road for 5 months, lack of parts. It was returned serviced and fully valeted but we’d lost the love in the car, during this period we were given a hire car at Fiat expense but you want the car you bought. 
However we decided we would trade the car in after having it back a week and went to a fantastic fiat dealership who were marvellous with everything and we bought a 600e Prima top of the range on a PCP through NHS Affinity.
Great deal and service from the dealership.
We had the car under three weeks and we were advised of a safety recall on the new vehicle!!
Bad luck i suppose but based on our previous experience re parts supply chain we were concerned. Once again the dealership were very good and supplied us with a brand new courtesy 600e they registered that day. However it’s not the same model, colour, trim etc.
Having had lag issues with Fiat parts before we are concerned we need to adopt a structured legal approach.
Can anyone advise next steps as there is no ETA for the parts it could be months and if we accept where are we legally?
Do we send a legal text to the dealership, who are not at fault, Fiat UK or Fiat finance?
What should this text say, are we entitled to a straight replacement and move on?

Any advice, apart from smart comments about not buying Fiat :-) 

Aylesbury_Duck

What's the problem?  You're driving around in what sounds like a replica of your own car, perhaps with some cosmetic differences, and putting all the mileage and wear-and-tear on that car instead of your own.  When you get your car back, it will have the problem fixed.

I think that you can reject the car, assuming you've only owned it for three weeks.  Have you asked the dealership about doing so?

sabelu

Aylesbury_Duck said:

What's the problem?  You're driving around in what sounds like a replica of your own car, perhaps with some cosmetic differences, and putting all the mileage and wear-and-tear on that car instead of your own.  When you get your car back, it will have the problem fixed.

I think that you can reject the car, assuming you've only owned it for three weeks.  Have you asked the dealership about doing so?

Bases on previous history we want the car we bought at present the car has been away 10 days we are conscious of legal framework and want to follow the process should there be any future issues. We were sold the whistles and bells so we want to use them.
The issue is we should be rightly given a date forcreturn as a minimum

sheramber

How can they give you a date for something tht is not available?

However, as the car is on PCP you are not the owner, only the registered keeper. The finance company are the owner so you would need to speak to them.

Aylesbury_Duck

sabelu said:

Aylesbury_Duck said:

What's the problem?  You're driving around in what sounds like a replica of your own car, perhaps with some cosmetic differences, and putting all the mileage and wear-and-tear on that car instead of your own.  When you get your car back, it will have the problem fixed.

I think that you can reject the car, assuming you've only owned it for three weeks.  Have you asked the dealership about doing so?

Bases on previous history we want the car we bought at present the car has been away 10 days we are conscious of legal framework and want to follow the process should there be any future issues. We were sold the whistles and bells so we want to use them.
The issue is we should be rightly given a date forcreturn as a minimum

But as sheramber says, they can't give you a date they can't know themselves.

I agree with sheramber, you need to speak to the finance company and see whether you can wind back the deal.

Okell

@sabelu -  assuming a safety recall means that the car could not have complied with contract when you took delivery of it, then you can exercise your statutory right to reject the car for a full refund within 30 days of delivery.

Are you still within 30 days of delivery?

Note that if you were notified of the recall within 30 days, and you agreed within those 30 days for it to be repaired, then the 30 day clock stops ticking until you get the car back, and during that period you can still exercise the short term right to reject.

Possible problems with that approach are:

1.  I am assuming that a safety recall means that the car was "faulty" when you bought it.  The dealer might be able to argue successfully against that assumption.  I simply don't know.

2.  It's not 100% clear to me in these circumstances - a safety recall by the manufacturer - that the 30 day clock stops ticking when the vehicle is recalled.  Normally it's the consumer who goes to the dealer with a problem that the car has developed.  Not the manufacturer approaching the consumer.  But again I don't know

3.  As pointed out by others, if the dealer has provided an adequate courtesy car that is essentially the same as your own vehicle, what's the problem?  It's the couresy car that's being subjected to wear and tear and not your own vehicle.  Plus when you get your car back it will be fixed - hopefully...

Apart from that, s23(2)(a) of the Consumer Rights Act 2015 (legislation.gov.uk) says: If the consumer requires the trader to repair or replace the goods, the trader must — do so within a reasonable time and without significant inconvenience to the consumer...

It doesn't say what is a reasonable time or what is significant inconvenience, but if you have an equivalent courtesy car for as long as the repair takes, it could be argued that it's not unreasonable or significantly inconvenient.

born_again

Fiat 600 Steering gear pinion safety recall

Reason for recall

On affected vehicles the steering rack fitted may not conform to specification and result in an increased force to rotate the steering wheel.

How to check if the vehicle is recalled

Contact the local FIAT CHRYSLER AUTOMOBILES UK LTD dealership or manufacturer. You will not need to pay for anything involving the recall.

How the manufacturer will repair

On the affected vehicles the steering rack will be replaced

If  that is the issue then it could be a wait, depending on part supply, which tend on a new car be next to none, as they all go for building cars, as well as it could be a design fault on something connected to the rack. Depending if electric or fluid based.

Would a safety call be considered as a right to reject?

sabelu

Okell said:

@sabelu -  assuming a safety recall means that the car could not have complied with contract when you took delivery of it, then you can exercise your statutory right to reject the car for a full refund within 30 days of delivery.

Are you still within 30 days of delivery?

Note that if you were notified of the recall within 30 days, and you agreed within those 30 days for it to be repaired, then the 30 day clock stops ticking until you get the car back, and during that period you can still exercise the short term right to reject.

Possible problems with that approach are:

1.  I am assuming that a safety recall means that the car was "faulty" when you bought it.  The dealer might be able to argue successfully against that assumption.  I simply don't know.

2.  It's not 100% clear to me in these circumstances - a safety recall by the manufacturer - that the 30 day clock stops ticking when the vehicle is recalled.  Normally it's the consumer who goes to the dealer with a problem that the car has developed.  Not the manufacturer approaching the consumer.  But again I don't know

3.  As pointed out by others, if the dealer has provided an adequate courtesy car that is essentially the same as your own vehicle, what's the problem?  It's the couresy car that's being subjected to wear and tear and not your own vehicle.  Plus when you get your car back it will be fixed - hopefully...

Apart from that, s23(2)(a) of the Consumer Rights Act 2015 (legislation.gov.uk) says: If the consumer requires the trader to repair or replace the goods, the trader must — do so within a reasonable time and without significant inconvenience to the consumer...

It doesn't say what is a reasonable time or what is significant inconvenience, but if you have an equivalent courtesy car for as long as the repair takes, it could be argued that it's not unreasonable or significantly inconvenient.

Thanks for this I have submitted a CA template letter to all parties invoking the 30 day rule offering up conciliation via a new vehicle, my vehicle returned repaired within 14 days or the credit agreement cancelled and refund of part ex equity and additional deposit. My dilemma is however who do I submit this to ultimately as the credit agreement hasn’t paid first instalment any financial  refund sits with the dealership ie part ex equity and my additional sizeable deposit.

sabelu

born_again said:

Fiat 600 Steering gear pinion safety recall

Reason for recall

On affected vehicles the steering rack fitted may not conform to specification and result in an increased force to rotate the steering wheel.

How to check if the vehicle is recalled

Contact the local FIAT CHRYSLER AUTOMOBILES UK LTD dealership or manufacturer. You will not need to pay for anything involving the recall.

How the manufacturer will repair

On the affected vehicles the steering rack will be replaced

If  that is the issue then it could be a wait, depending on part supply, which tend on a new car be next to none, as they all go for building cars, as well as it could be a design fault on something connected to the rack. Depending if electric or fluid based.

Would a safety call be considered as a right to reject?

Thanks for this I am on an FB forum re this vehicle and so far within the European cohort I appear to be the only recall so far. 

Okell

sabelu said:

Okell said:

@sabelu -  assuming a safety recall means that the car could not have complied with contract when you took delivery of it, then you can exercise your statutory right to reject the car for a full refund within 30 days of delivery.

Are you still within 30 days of delivery?

Note that if you were notified of the recall within 30 days, and you agreed within those 30 days for it to be repaired, then the 30 day clock stops ticking until you get the car back, and during that period you can still exercise the short term right to reject.

Possible problems with that approach are:

1.  I am assuming that a safety recall means that the car was "faulty" when you bought it.  The dealer might be able to argue successfully against that assumption.  I simply don't know.

2.  It's not 100% clear to me in these circumstances - a safety recall by the manufacturer - that the 30 day clock stops ticking when the vehicle is recalled.  Normally it's the consumer who goes to the dealer with a problem that the car has developed.  Not the manufacturer approaching the consumer.  But again I don't know

3.  As pointed out by others, if the dealer has provided an adequate courtesy car that is essentially the same as your own vehicle, what's the problem?  It's the couresy car that's being subjected to wear and tear and not your own vehicle.  Plus when you get your car back it will be fixed - hopefully...

Apart from that, s23(2)(a) of the Consumer Rights Act 2015 (legislation.gov.uk) says: If the consumer requires the trader to repair or replace the goods, the trader must — do so within a reasonable time and without significant inconvenience to the consumer...

It doesn't say what is a reasonable time or what is significant inconvenience, but if you have an equivalent courtesy car for as long as the repair takes, it could be argued that it's not unreasonable or significantly inconvenient.

Thanks for this I have submitted a CA template letter to all parties invoking the 30 day rule offering up conciliation via a new vehicle, my vehicle returned repaired within 14 days or the credit agreement cancelled and refund of part ex equity and additional deposit. My dilemma is however who do I submit this to ultimately as the credit agreement hasn’t paid first instalment any financial  refund sits with the dealership ie part ex equity and my additional sizeable deposit.

What's a CA template letter?  Do you mean Consumer Association/"Which?"

What does it actually say and who have you sent it to?

In what way are you "offering up conciliation"?

Also when did you take delivery of the vehicle, what's the date of the recall, when did you return the car for the recall, and what is the date of your template letter?

sabelu

What's a CA template letter?  Do you mean Consumer Association/"Which?"

Citizens Advice

What does it actually say and who have you sent it to?

Sent to all parties dealership, fiat finance and fiat uk

This is the sample letter obv tailored to a vehicle

Sam Hoolin

8 Park Avenue
Arlton
AL1 4CA

sam123@mail.com

01632 960001

Giltham Traders

24 Station Road
Giltham
GT16 3LP

27 September 2024

To whom it may concern,

Complaint about faulty goods

I bought a sewing machine from you on 14 January 2022. I paid £300.

I now find the goods have the following fault:

The machine stops working after half an hour and won't work again for at least an hour.

Under the Consumer Rights Act 2015, goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund.

In support of my claim I have enclosed: The receipt for the sewing machine.

Please respond within 14 days of receiving this letter.

Yours faithfully,

In what way are you "offering up conciliation"?

i have said i need a date for repair and return within next 14 days or a new replacement vehicle like for like etc or the finance contract rescinded and a refund of part ex equity and my extra deposit. All within 14 days

Also when did you take delivery of the vehicle, what's the date of the recall, when did you return the car for the recall, and what is the date of your template letter?

delivery 1st September 
recall 18th September
template letter todays da