FIAT - zero goodwill - c h a r l e s

I'm writing this on behalf of a friend who is the unhappy owner of a Fiat Punto Diesel X reg, which is just over 3 years old and done just over 30,000 miles. Bought from a private owner 7 or 8 months ago, the bottom end of the engine recently suffered a catastrophic failure with no warning, splitting the crankcase in 3 places... It did this out of warranty of course. The car has been serviced by the book throughout its life.

My friend has no grounds to approach the previous owner on this, and so has gone to Fiat UK Head Office. After 5 weeks, the response from Fiat is that they can offer no help whatsoever. Verbally, they have been told that if they were the original owner then the engine would be replaced at Fiat's expense. Fiat have not even made an attempt to inspect the vehicle themselves, relying instead on a report provided by my friend from an independant garage which concluded that engines should not self-destruct after such as short life.

What I would appreciate any assistance on is advice on what options are left to my friend to put pressure on Fiat to help resolve this problem. They are considering approaching BBC Watchdog, but what about the Society of Motor Manufacturers? Any other suggestions?

Thanks,

Charles
FIAT - zero goodwill - Stargazer {P}
I am not sure if this applies to cars, but there has been a recent (April?) change in the application of the law relating to suitability for application. This means that goods sold for a particular application should not fail for upto six years (this is the upper limit some goods this would be expected to be less). This is unrelated to the warranty.

I will hunt around and try and find the reference to this.

StarGazer
FIAT - zero goodwill - No Do$h
The "by the book" response is that there is no recourse. Warranty has expired and servicing or no servicing, there is no way of telling how that car has been driven throughout its life.

I've done a brief google search and haven't turned out any other examples of this problem, so there is nothing pointing towards a generic fault at this stage. It may be worth your while nipping on to the various Fiat owners' forums scattered around the net to see if there have been other instances.

If it's a one-off, it all points towards some kind of abuse at some stage in the car's history and I really can't see that Fiat has any responsibility towards the car.

Sorry to not be a bit more positive.





No Dosh - Backroom Moderator
mailto:moderators@honestjohn.co.uk
FIAT - zero goodwill - Stargazer {P}
Charles,

Sorry SOGA only applies to original purchaser, but I was right about the 6 yearrs and not just the original Guarantee.

For future reference here is some info collated from UK.DIY
Applicable to almost any goods bought from a retailer....motoring releated or not.

StarGazer


Guarantees or warranties
When buying goods and services, we are all used to being told that what we've bought is covered by a 'guarantee' or 'warranty'. But what does this mean, and what benefit can we expect to receive if we have to make a claim for faulty goods or shoddy workmanship?

What is a Guarantee?
A guarantee is most often issued by the manufacturer of goods such as electrical equipment, or by a company that has provided
a service, such as replacement windows. It is normally provided free of charge at the time you buy the goods or services. A guarantee is considered in law to be an agreement to provide some benefit for a set period of time in the event of
the goods or services being defective. Usually, the guarantee undertakes to carry out free repairs for problems that can be attributed to manufacturing defects. Manufacturers are not legally obliged to provide you with a guarantee, but if they do, it must be in plain English and clearly explain
how to make a claim.

What is a Warranty?
A warranty provides the same sort of cover that a guarantee does, but often you have to pay extra for it - for example, many electrical stores offer a warranty for cover against the cost of repairs and replacement parts for up to five years after purchase. Effectively, these sorts of warranties are
insurance policies, issued by and underwritten by insurance companies. Just to confuse matters, these can sometimes be known as 'extended guarantees' or 'extended warranties'!

What legal protection do I get with Warranties and Guarantees?
As both are contracts, warranties and guarantees give you the right to make a legal claim against the person issuing them (guarantees are contracts because the Sale and Supply of Goods to Consumers Regulations 2002 say that they are). This means that if the manufacturer refuses to honour the warranty or guarantee, you can take them to court to force them to meet their promises. For example, if the company that issued the warranty will not carry out a repair within a reasonable time when the guarantee says it
will, you could sue for the cost of employing someone else to put the problem right.

However, it is important to remember that both warranties and guarantees are in addition to your statutory rights under either the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982 (as amended). If you have problems with goods or services, it is best to go back to the company from which you bought them, as the law considers them to be
responsible for any problems under their contract with you. See our leaflets 'Buying Goods' and 'Buying Services' if you want more information on your rights under contract law.


Here is an example case:-
Q. I bought a fridge/freezer about 18 months ago, and the freezer section has completely failed. I went back to the shop, but they refused to do anything as it was outside the original 12 month guarantee. What are my rights?
A. Firstly, when you buy goods from a shop, you enter into a contract under the Sale of Goods Act 1979 (as amended). This holds the shop liable for up to SIX years after purchase (Limitation Act 1980), providing that you can show that the problem is down to an unreasonable fault and not normal wear
and tear. Secondly, remember that the guarantee is in addition to these statutory legal rights. Don't be taken in by the shop's argument here - they are using the issue of the guarantee as a red herring to try to avoid their legal obligations toward you.

The Sale of Goods Act 1979 (as amended) says that goods should be:
of a Satisfactory Quality, i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable;
fit for the purpose - As well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time of the agreement;

as described - Goods should correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert.



If the trader spouts out
"It isn't our fault the goods are defective - go back to the manufacturer."

This is not true - you bought the goods from the trader, not the
manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

There is a lot of information on www.tradingstandards.gov.uk where most of this information came from!

Give your local trading standards office a call, they will be more than happy to tell you your rights!

You can get the telephone number from www.tradingstandards.gov.uk and
entering your post code


Another useful thing..
If you have paid for the goods by credit card (not debit or charge card), and the value is £100 or more, the credit card company has obligations to you, too. These rights are given to you under the Consumer Credit Act 1974, under a principle known as 'Equal Liability'. This means that the credit
card company and the supplier have the same obligations and responsibilities to you for the goods being satisfactory. You can complain to both the supplier and the credit card company.

FIAT - zero goodwill - Older_not_wiser
To make it absolutely clear:-

Under the Sale of Goods Act, it is the retailer - not the manufacturer - who is responsible if goods do not conform to contract.

www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
FIAT - zero goodwill - dilbert

Wow - that's really bad luck. I hope that your mate manages to obtain reasonable resolution to this situation. Now, I will probably be stoned alive on here for saying this, but if I was FIAT, I wouldn't be particularly motivated to help out your mate either.

The way I see it FIAT owe him nothing as he simply isn't a customer of theirs. The car's out of warrarty. He bought the car second-hand outside of their dealer network. Not only that, from the way you've described it, his preference is to take the car to an independent garage rather than a FIAT dealer even when he does have problems. He's given them precisely zero business and now he wants something in return? It's a long shot, I think.


P.S. I don't blame him for taking the car to an independent - my own experience is that the attention span of FIAT dealers can be at best variable...

FIAT - zero goodwill - dylan
The more I read threads like this, the more I'm tempted by Hyundai's five year warranty.

I currently drive a Toyota that's due to go out of warranty in a few days. The thought of another engine rebuild (like I had on my previous car - £1500) really irks me. Depreciation's bad enough, without having to worry about huge repair bills after only 3 years.

Anyone know where I can get up-to-date Hyundai sales figures? I'd be interested to know how much extra business the 5 year warranty has generated. I see a lot of Getz's around me (Berkshire), even though this isn't an area where 'budget' brands do well.
FIAT - zero goodwill - No Do$h
Alfa Romeo have also been offering a 5 year warranty of late. Hmmm, Alfa or Hyundai..... how to decide between the two.
FIAT - zero goodwill - Happy Blue!
In our areas (north Manchester) Hyundai do very well. There are loads of Trajets arounds - being a very good alternative to the Galaxy - more reliable, cheaper and far better warranty. Also the Getz sells well, it has a good sized interior and is also good value.
--
Espada III - well if you have a family and need a Lamborghini, what else do you drive?
FIAT - zero goodwill - SpamCan61 {P}
I know I'm guilty of thread drift once more; but I couldn't help noticing that Cornwall seems infested with Kia Sedonas. Just came back from a week's holiday down there & saw loads & loads. Whereas here at home on the Hants / Dorset border I hardly see any, just the odd Trajet.
FIAT - zero goodwill - c h a r l e s
Thanks for the replies so far.

dilbert - as the car was incapacitated on my friend's driveway, I just think they called the nearest local reputable garage to come out and give an assessment of what was wrong.

In one way I can see that Fiat has no obligation to my friend, but in another it's surely not a good statement about the quality of their product...

FIAT - zero goodwill - No Do$h
Hang around a forum like this for long enough and you will find examples of such problems with just about every make and model. As I mentioned, this is a new one on me and I tend to keep and eye on Fiat/Alfa stories so I'm prepared with a riposte when this bunch lay into me for owning an Alfa, bless 'em.

Do have a dig around the various Fiat forums, the one make forums tend to be invaluable for things like this.

Good luck with it in any case.


No Dosh - Backroom Moderator
mailto:moderators@honestjohn.co.uk
FIAT - zero goodwill - just a bloke
While I sympathise with your friend, I don't really see how this is FIATs responsiblity.

He bought a 2nd hand car from A.N.Other and so takes the same risks as the rest of us when he buys a car privately.

He has no real idea how this car has been treated, and neither do FIAT


:-( Sorry just IMHO


JaB
FIAT - zero goodwill - dylan
> He has no real idea how this car has been treated, and neither do FIAT

But that argument applies during the warranty too. Taking your argument to the logical conclusion, no repairs would ever be done under warranty, because the manufacturer could never be sure the car hadn't been abused.

Surely the fact that Fiat have said "we'd fix it if it was the original owner" shows they accept responsibility (to some extent). Warranties are generally transferable, I don't see why 'goodwill' shouldn't be.
FIAT - zero goodwill - dilbert
Warranties are generally transferable, I don't see why 'goodwill' shouldn't
be.


The point is that goodwill is a two-way street. At least FIAT saw the colour of the first owner's money, who would have had a good case to expect some goodwill from the manufacturer or dealer had he suffered the problem himself. With car of this age, the manufacturer owes the second owner nothing. If you want risk-free motoring, buy a new one (neat link to a similar thread, I think) or at least a used one with a good warranty.

FIAT - zero goodwill - patently
If you want risk-free motoring, buy a new
one (neat link to a similar thread, I think) or at
least a used one with a good warranty.


And don't buy a new one from a firm with an acronym like:

Fix It Again, anTonio
FIAT - zero goodwill - BazzaBear {P}
>> If you want risk-free motoring, buy a new
>> one (neat link to a similar thread, I think) or
at
>> least a used one with a good warranty.
>>
And don't buy a new one from a firm with an
acronym like:
Fix It Again, anTonio


Hmm... would you like to borrow a shoehorn? See if you can get that to fit a bit better? ;)
FIAT - zero goodwill - Malcolm_L
Agree with all the above, however if it can be proven that fault was down to a manufacturing defect then Fiat may be liable.

Any further details on the exact nature of the fault, sounds crankshaft related.
FIAT - zero goodwill - Aprilia
On recent trips around Europe I notice that Hyundai (and Kia) seem to be doing rather well. Lots of Trajets around in Nederlands and Germany (and they only give three year warranty over there).
For an A-B car (which, let's be honest, is what most buyer want) the Hyundais make a lot of sense.
FIAT - zero goodwill - Halmer
>> If you want risk-free motoring, buy a new
>> one (neat link to a similar thread, I think) or
at
>> least a used one with a good warranty.
>>
And don't buy a new one from a firm with an
acronym like:
Fix It Again, anTonio


I thought that FIAT are in the top five now in terms of reliability?
FIAT - zero goodwill - Aprilia
I thought that FIAT are in the top five now in
terms of reliability?



Cough...Splutter....
FIAT - zero goodwill - Hugo {P}
Sorry to be a pain, but there is already a BR member called Charles. Unless you are the same person, he may be grateful if you changed your forum name.

Hugo
FIAT - zero goodwill - c h a r l e s
Sorry to be a pain, but there is already a BR
member called Charles. Unless you are the same person, he may
be grateful if you changed your forum name.
Hugo


Hugo - I can't help feeling that your post sounded very pompous. However, if your friend "charles" thinks his posts will get mistaken for mine and vice versa then he's more than welcome to change his login! ;)

FIAT - zero goodwill - Chas{P}
>> Sorry to be a pain, but there is already a
BR
>> member called Charles. Unless you are the same person, he
may
>> be grateful if you changed your forum name.
>>
>> Hugo
>>
Hugo - I can't help feeling that your post sounded very
pompous. However, if your friend "charles" thinks his posts will get
mistaken for mine and vice versa then he's more than welcome
to change his login! ;)

>>

Seeing I have been registered for longer (just) I don't see why I should have to change my user name.

FIAT - zero goodwill - No Do$h
Seeing I have been registered for longer (just) I don't see
why I should have to change my user name.


Do either of you really have a problem with this? Charles has a {p} and c h a r l e s has his spaces. Anyone? Problem? No? Good, everyone shake hands and back to your homework please.

No Dosh - Backroom Moderator
mailto:moderators@honestjohn.co.uk
FIAT - zero goodwill - Vansboy
I'll add my, constructive I hope, suggestions - I'm NOT a member of the anti Fiat lobby!!

If you want to start 'digging'.....

When was the car actually purchased, it's mileage then & when it failed?

How long, time & mileage, since it had been serviced?

Was there any remarks made by the service garage, maybe suggesting a future problem, or ANY advsory notes within the service history?

Was the seller GENUINLY the owner & not a trader in disguise?Did he sell it saying that it was working as it should??

What indications were there within the days/miles prior to the failure, that something was wrong?

If you get responses to these Q's, that look as if it was all 'just one of those things', you'd not have much luck without starting on the bigger £$£$£ to prove Fiat made a faulty engine.

You'd need an engineer to thoroughly examine the components & a (big word for me) metelerrrrrrigst guy to have it under the microscope. Thats a bloke in a white coat - not a dizzy blonde on about weather!!

Small claims would be an option - but a looser too, if I was the judge!! From what we've got so far, anyway.

Best start checking the breakers for another engine!!

Good luck!!

VB
FIAT - zero goodwill - Vansboy
PS...it's

F ix I t A gain T ony

F ix I t A gain T omorrow

F irst I n A ll T rouble

VB
FIAT - zero goodwill - patently
(big word for me) metelerrrrrrigst


A metallurgist. Will tell you things you never thought possible about the history of the engine, just from looking at the metal under a microscope.
FIAT - zero goodwill - Older_not_wiser
>I thought that FIAT are in the top five now in terms of reliability?

And who reported that? FIAT?
FIAT - zero goodwill - c h a r l e s

Thanks for all the relevant replies to my original post.

Just some extra background on the story - the original owner of the car was a middle-aged gentleman whose son works for the local Fiat garage. Hence he gets a good deal and changes his car every 2 years for a new one.

When I learnt this, a couple of things popped into my head:

- has the son been borrowing the car at all and been exploring the upper end of the rev range a little too often?

- has the son tinkered with the engine (turbodiesel), perhaps by a chip?

No way of determining whether either of these things could have occurred of course, so my friend is left with a sour taste in their mouth, and is out of pocket of course. Understandably, they'll never buy another Fiat again whereas if Fiat would consider at least some contribution to the cost of a replacement engine, then the outcome for everyone would be better (car repaired for my friend, repair & servicing business for Fiat dealer).

I am not a Fiat basher by any means, I used to own a Bravo and really enjoyed that car, but if Fiat ever produce another model I'd be interested in then I'll certainly bear this story in mind before parting with my own cash.
FIAT - zero goodwill - just a bloke
I am not a Fiat basher by any means, I used
to own a Bravo and really enjoyed that car, but if
Fiat ever produce another model I'd be interested in then I'll
certainly bear this story in mind before parting with my own
cash.


but if you have bought a car from FIAT then you have nothing to worry about, you've already said that they would have condsidered helping outy if the car had been bought from them.

JaB