Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - NOKURCZ

Hi,

I bought a Fiat Scudo nan new from a UK Van dealer (one of the big van dealerships).

The van came with a 3-year warranty.

In the 4th year the car stopped mid driving.

My local garage towed it in and advised after initial checks that something is wrong with the main processor.

I called the company who sold me the car, and they advised to bring the car to the authorised FIAT repair dealership (in my case DAF in Theale).

That dealership / DAF eventually established together with FIAT's technicians that the main processor failed in its own right. One of the reasons why it took them 3 weeks to isolate the fault was that the entire electric had to be tested to exclude any other fault that may have caused the processor failing in first place.

The bill was in the end just under £2500 to get the car up and running again.

DAF told me that they never had such a fault, certainly not for a car of under 4 years of age and at 17000 miles (I drive the car normally twice a week for about 70 miles with little stop-and-go and only light private domestic use).

For a moment it looked as if Fiat would cover such extraordinary fault within their warranty, but ultimately told me that the car is outside their warranty.

Citizens Advise highlighted the Sales of Goods Act 1979 and suggested to contact the vendor again.

I wrote to them twice, and they pointed me every time to Fiat, saying that the warranty is with Fiat and not with them, so they would not be able to refund the cost of the repairs of what I think seems to be a faulty product in first place (I am not sure whether one could even speak of wear-and-tear on such main processor).

Has anybody experienced a similar situation where they were left with a big bill on a fairly new car?

How successful would I be when taking this up legally on the basis of the Sales of Goods Act 1979?

It would be great to know of other / similar cases so that I know at what stage I am and how I could best go about resolving this issue.

Many thanks,

Norbert

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - tony g
Hi,
Although the garage says that the problem lies with fiat ,it doesn't .

You bought from the garage ,your contract and rights are with the garage ,they are responsible for the quality of your vehicle .

However your car is four years old ,and even though its low mileage ,I believe that your rights have expired under soga .

Your only hope is a goodwill contribution ,funded by fiat and provided by the garage .
Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - RT
Hi, Although the garage says that the problem lies with fiat ,it doesn't . You bought from the garage ,your contract and rights are with the garage ,they are responsible for the quality of your vehicle . However your car is four years old ,and even though its low mileage ,I believe that your rights have expired under soga . Your only hope is a goodwill contribution ,funded by fiat and provided by the garage .

SoGA provisions go much further than 4 years - but will take account of the age of the vehicle. The fact that the warranty has expired is of no concern under SoGA whose provisions cannot be diluted by any warranty.

I've heard of others who have successfully sued the selling dealer for an out of warranty failure on a low mileage car in Small Claims Court and received full compensation - out of 5 year warranty in one case.

Take proper legal advice from someone with experience of these sort of claims to establish your chance of success before embarking on expensive litigation.

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - NOKURCZ

Thank you for your thoughts on this - almost £2500 was quite a blow on a component which seems hardly exposed to wear and tear (as DAF suggested, they never experienced this type of fault, certainly not on a vehicle of that age, overall good state and mileage).
I will look into legal advise and keep you posted on this issue,

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - Avant

"I bought a Fiat Scudo nan...."

This is a new slant on the old expression 'selling your grandmother'. The problem with this has always been that she might go wrong. :)

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - 72 dudes

"I bought a Fiat Scudo nan...."

This is a new slant on the old expression 'selling your grandmother'. The problem with this has always been that she might go wrong. :)

Yep, and when her main processor blows, you want to stand well clear.

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - focussed

Please, everybody, just remember that the time-out limit for civil liability for breach of contract under the sale of goods act in the UK is 6 years from date of purchase. It's not the 3, 4, or 5 years so- called warranty offered by manufacturers or dealers.

My advice is, go to decent solicitor and get them to put it in writing to the vendor of the vehicle that it is their responsibilty to pay to put it put it right.

It might cost you £150 for a solicitor's letter but it will be worth it in the long run.

A good solicitor will confirm that the time limit is 6 years.

And if the vendor still won't play ball, take it somewhere else and get it repaired and sue the vendor in the small claims court for the costs involved.

Remember, it's not the manufacturer who is in the frame in law, it's the seller, the vendor, why do you think manufacturers sell through dealers? It's to protect themselves from claims from end users.

Scudo Van Comfort 1.6 Multijet - Warranty - major fault - Sale of Goods Act 1979 - RT
Remember, it's not the manufacturer who is in the frame in law, it's the seller, the vendor, why do you think manufacturers sell through dealers? It's to protect themselves from claims from end users.

And even when manufacturers own the dealerships, like Mercedes-Benz and Renault, they set the dealerships up as individual companies so the liability doesn't transfer back to the manufacturer/importer.