My consumers rights?

Cowie

Guest
Am I entitled to my money back if a new van is faulty. First time setting of for home after delivery and entering the A1 motorway the van lost complete power. Phoned the dealer and was told I must have pressed the brake and accelerator at the same time. Happened again on the A9. Reported the fault again and was told to book the van into a Fiat dealership garage. They replaced a brake switch and said problem solved. Next time on the A96 same thing happened complete loss of power. Bearing in mind these are busy roads and could have caused serious injury to myself and others it was pretty traumatic. Also the passenger door has to be excessively banged closed to shut offthe bleeping on the dashboard saying door not closed. Also when going over a bump in the road it will start bleeping again saying passenger door not closed. Also there is wind howling through the door as though the window was down. Phoned the dealer and took it to the company they recommended as we are a good distance from the dealer. The technicians looked at the door and said they could see daylight at the bottom of the door and said the door was bowed. They couldn’t do nothing to fix. I’ve lost confidence to drive this van. Am I entitled to my money back. Disappointed as I thought I’d bought a quality van.(Frankia SD)
 
One of the dificulties dealers face is the dual warranty, one is the habitation conversion and the other is the Fiat which unless the supplier is an authourised Fiat dealer he cannot do warranty work, he can of course send the van to one.
The problems you are having are all Fiat, I take it you mean the cab door which should not be a problem as a Fiat dealer can simply replace the door.
You can try and reject the van but you must allow the dealer to rectify first as it his responsibiliy
 
It is totally unacceptable when any supplying dealer of any product displays a can't give a damn attitude or reaction to a phone call for help, but I am afraid to say that in the vast majority of cases, most supplyers fall well short of the expected level of standards of customer service, most especially in your case @Cowie!

Contrary to what @JohnsCrossMotorhomes writes, I believe that your purchase contract is with the supplying dealer and not with FIAT, after all you didn't buy the body from the motorhome dealer and the engine, cab and chassis from FIAT, by law your contract is with the company who sold it to you.

If I were you, I would give Trading Standards a call to discover what your legal position is.

I believe that if you give the dealer one chance to address all the issues, but then if they fail or if they don't take up your case with FIAT on your behalf then you most certainly have the right to reject the vehicle on the grounds of it not being of merchantable quality.

Your case is even stronger if you used any kind of finance company, but if you did, yet again have a long detailed conversation with them to find out what their views are on the subject.

A goodly few years ago I had a similar case and I rejected the vehicle, the case took an awful 36 months to get to County Court during which time I can assure you that the stress we went through was of the highest level, but we stood by our convictions and in the end we won and in our case, the supplying dealer, VAG UK and the finance company all lost and the supplying dealer had to pick up the massive legal costs of all the other parties!
 
...and make sure that you log everything: issues; contact with the dealer etc etc

...and put things to the dealer in writing, in a reasonable manner allowing enough time your issues to be dealt with.

Did you pay for any of the van with a credit card? The full amount or a deposit?

It is my understanding too that your contract is with the dealer.

Good luck

Graham
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Yes, your contract is with the dealer you bought it from. They have to fix it, including taking it to a Fiat Professional garage to sort the door and loss of power issue. If it's on finance that may complicate rejection as they are the owners and have to be involved.

There's quite a few articles online explaining your rights etc. Or you could go to Citizens' Advice or a solicitor. I think rejection should probably be a last resort, unless you have had it for less than 30 days, in which case it could be that the loss of power is such as significant fault that you have the right to reject it and get a full refund. So if it's less than 30 days get right on to it.
 
Can't comment on electrics ,the door can be adjusted on the hinges to close the gap ,if not a new door is needed .,ask for advice from a body shop as they are experts at fitting doors , sometimes a vehicle can be damaged before delivery and are repaird without the new owner knowing .just as an example a vehicle can be lowered on a ramp with the door open catching a tool chest and bending the door.
 
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Ardachaidh said:
Yes, your contract is with the dealer you bought it from. They have to fix it, including taking it to a Fiat Professional garage to sort the door and loss of power issue. If it's on finance that may complicate rejection as they are the owners and have to be involved.

There's quite a few articles online explaining your rights etc. Or you could go to Citizens' Advice or a solicitor. I think rejection should probably be a last resort, unless you have had it for less than 30 days, in which case it could be that the loss of power is such as significant fault that you have the right to reject it and get a full refund. So if it's less than 30 days get right on to it.
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The loss of power was reported the first time to the dealer as soon as we got home with it brand new. It was after the second power failure I was instructed to take it to a Fiat dealership garage for fixing. They put on a new brake switch and I thought our problem was solved. As stated it has happened again. The technicians who looked at the door said there is no room on the door for adjusting. As I said you would be putting your life on the rails and others to drive this van with a cut out failure. I just want my money back as my confidence in driving this van has gone after my traumatic experiences. Thanks for your replies much appreciated.
 
Cowie said:
The loss of power was reported the first time to the dealer as soon as we got home with it brand new. It was after the second power failure I was instructed to take it to a Fiat dealership garage for fixing. They put on a new brake switch and I thought our problem was solved. As stated it has happened again. The technicians who looked at the door said there is no room on the door for adjusting. As I said you would be putting your life on the rails and others to drive this van with a cut out failure. I just want my money back as my confidence in driving this van has gone after my traumatic experiences. Thanks for your replies much appreciated.
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It was still within the 30 days when took it to the Fiat Dealership garage for repair and failed does this count within the time limit.
 
I'm not a legal expert, but it could be the case that since you reported this fault within the 30 days and it has not been fixed then it seems you might be able to argue that the 30 day rule applies, as the "clock stopped" then and restarted after the repair, and that you are rejecting the vehicle on that basis and want a full refund. It might depend on how long you've actually had the van. You can still reject within a 6 month period, but you first have to give them the chance to fix it. Since they have tried to fix it and the problem is still there you should argue for a full refund. The badly fitting door is further evidence, although they should be able to sort that with a new door.

I would go to CAB and get some definitive advice and get back to the Dealer ASAP. You should also stop using the van.
 
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And make absolutely certain that you put every single thing down in writing, sent by recorded, signed for delivery.

You have to make absolutely certain that every single aspect of your rejection is carried out to the letter of the law.

And although your contract is with the dealer, if I were you I would copy in both the manufacturer as well as FIAT UK.
 
Thankyou so much for you’re advice as we are feeling pretty down at the moment and its helped a lot. The van was brand new when we got it on the 19th March. Forgot to mention we got leather upholstery as an extra and it’s coming away at some places in the seams and a frayed finish on the driver’s seat. Sent them a recorded delivery letter stipulating all these faults this morning so we will wait and see. Hard lines you need a new door on a new van. But it’s the power loss that’s scary and dangerous.
 
If you paid any of the cost - even £0.01 - using a credit card you MAY have some recourse under the Consumer Credit Act Section 75 as well...

Graham
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Reject it now its your right to do so,they had a chance to sort it and bu--erd up,you issue is with them not fiat 30 day and six mth rule applys.
 
We paid the deposit for ours with credit card but as it was over , I think, £30000, it was not guaranteed! Definitely go to trading standards for advice. Advise the dealer that you are rejecting it as not fit for purpose within either six month or one month period depending on what TS advise, and that trading standards are now involved. We managed to get a full refund for our new van quite easily...I did find the managing director of the dealership and emailed him. Letter was sent recorded delivery and all interaction with the company was logged. I had to forward a total of 80 emails to him at which point he agreed to send someone to collect it. Ours was within six months and they had taken it for the day to fix one fault and had three months to fix others ( upholstery, shower, electrics++) . So disappointing and upsetting!
 
Good point re £30,000 however section 75A may come into play...it's right at the bottom of this:-

www.which.co.uk

Consumer Credit Act - Which?

The Consumer Credit Act regulates credit card purchases but also gives you protection when you enter into a loan or hire agreement. It also gives you the right to a cooling off period.
www.which.co.uk www.which.co.uk


Graham
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If you want a copy of my email, and letter, happy to pm it to you. I used the Which template which was really useful. Joined which for £1 (did continue for a while afterwards) pm me if it helps
Ruth
 
Hi Cowie

Sorry to hear of your problems

You say you have a Frankia SD With a passenger door problem

Looking at Frankia’s web site the only SD’s are all A-Class models

Is yours an A-CLASS or a T or F ie fiat cab with low profile or overcab coachbuilt?
 
Trek said:
Hi Cowie

Sorry to hear of your problems

You say you have a Frankia SD With a passenger door problem

Looking at Frankia’s web site the only SD’s are all A-Class models

Is yours an A-CLASS or a T or F ie fiat cab with low profile or overcab coachbuilt?
Click to expand...

I believe you are replying to the wrong post with your reply above, this is the one where the OP is writing about his new (old) Frankia van https://motorhomer.com/threads/new-van-titter-ye-not.39308/
 
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