Fiat dispute

Author
Discussion

Vx1275

Original Poster:

139 posts

136 months

Monday 18th May 2015
quotequote all
12 plate Fiat 500,24,000miles,just a week outside of warranty and its required new Gearbox bearings with parts and labour now totaling £1200. The garage has refused any-form of goodwill as the vehicle was fully serviced independently and this apparently shows a lack of loyalty to the brand, and Fiat UK have followed suit! Any advice on what i could do? or any future procedures?? Thanks in advance

TooMany2cvs

29,008 posts

126 months

Monday 18th May 2015
quotequote all
Yep, that's the downside of servicing outside the franchise chain - goodwill tends to get turned down once warranty expires.

Your SOGA rights are, of course, unaffected. The question is whether three years and 24k miles is acceptable life for those parts. You will probably need to get legal to get anywhere. Do you fell lucky?

Magic919

14,126 posts

201 months

Monday 18th May 2015
quotequote all
Low enough for Small Claims if you fancy a punt.

zedx19

2,737 posts

140 months

Monday 18th May 2015
quotequote all
Why exactly does it need these parts? Is it completely undriveable so you can't just drive to a specialist for a second opinion?

Vx1275

Original Poster:

139 posts

136 months

Monday 18th May 2015
quotequote all
zedx19 said:
Why exactly does it need these parts? Is it completely undriveable so you can't just drive to a specialist for a second opinion?
No, it was driveable just with a constant droning noise emitting that was particularly evident the week it went for its first MOT. The work was done but the car is being held until payment is made. Small claims and legal are just adding to the delay, 3weeks plus a week they took to do the work. They've been shocking in terms of advice and plain rude in any understanding that it was a week outside of warranty!

Magic919

14,126 posts

201 months

Monday 18th May 2015
quotequote all
So you pay and use Small Claims to get it back.

marshalla

15,902 posts

201 months

Monday 18th May 2015
quotequote all
Magic919 said:
So you pay and use Small Claims to try to get it back.
FTFY. The problem is that the OP will need to prove that it's a manufacturing fault or at least a fault that was present at time of sale. Since the repair has been done, that might be tricky as I'll bet he doesn't have access to the parts that have been replaced.

Sheepshanks

32,718 posts

119 months

Monday 18th May 2015
quotequote all
Magic919 said:
So you pay and use Small Claims to get it back.
^ This.

But write them an LBA - Letter Before Action - giving them 7 days to reply before you issue small claims proceedings.

TooMany2cvs

29,008 posts

126 months

Monday 18th May 2015
quotequote all
Vx1275 said:
No, it was driveable just with a constant droning noise emitting that was particularly evident the week it went for its first MOT.
So inside the three year warranty, surely?

Magic919

14,126 posts

201 months

Monday 18th May 2015
quotequote all
I think it's just a question of whether the goods were suitably durable. That the gearbox failed after 3 years and just 24,000 miles seems undisputed here.

TooMany2cvs

29,008 posts

126 months

Monday 18th May 2015
quotequote all
Magic919 said:
I think it's just a question of whether the goods were suitably durable.
Indeed. And that's where the burden of proof fun'n'games start.

Was the damage caused by driving style?
Was the damage caused by low oil level that should have been picked up at servicing, but wasn't because it was done by non-franchise?

Vx1275

Original Poster:

139 posts

136 months

Monday 18th May 2015
quotequote all
TooMany2cvs said:
Indeed. And that's where the burden of proof fun'n'games start.

Was the damage caused by driving style?
Was the damage caused by low oil level that should have been picked up at servicing, but wasn't because it was done by non-franchise?
Driving and condition of the vehicle were good and maintenance and fluid levels checked regularly. I,m afraid that once I pay the money that's the last I'll see of it. The noise did emit occasionally but never for a sustained period until the MOT week! Citizens advice have suggested writing a letter to the finance company as the car does have two years remaining until paid. Lost all confidence in the car considering its mileage and condition, and really annoyed with Fiats attitude TBH.

Magic919

14,126 posts

201 months

Monday 18th May 2015
quotequote all
Given the OP has not said the garage has made claims regarding the driving style or maintenance, those are a bit of a moot point. The actual burden of proof remains with the claimant. It comes down to the balance of probabilities here, as a civil case.

photosnob

1,339 posts

118 months

Monday 18th May 2015
quotequote all
Pay and then stick in a claim online. Can't see them defending it for the sort of money we are talking. You will go to mediation and get at least half of it back I reckon.

jith

2,752 posts

215 months

Monday 18th May 2015
quotequote all
My advice as a motor engineer. It is wholly unacceptable for transmission bearing failure to occur on a small, low stressed vehicle such as this at 24,000 miles. It is physically impossible, other than to enter the car for a rally, to abuse gearbox bearings. At that mileage they would be running on the original factory oil so no get out there. The normal mileage for a bearing overhaul on a transmission would be 100,000, no less than that.

A bad driver can abuse selectors, sychro rings and clutch, but not bearings. I would give them one chance in writing to release the vehicle to you; agree to pay a nominal sum towards the repair and then go to trading standards. Any competent motor engineer will verify what I stated and give you a report.

Yet another example of bloody awful quality in modern vehicles. This why I drive a 16 year old Audi.

J

btcc123

1,243 posts

147 months

Monday 18th May 2015
quotequote all
As you did not have to have the car serviced at the main dealers while its under warranty I take the dealers side and think that as you have done that you should not get any good will from the dealer if you have an issue when the warranty runs out.

If the OP car was serviced at the dealers and had the gearbox fault at just before as the noise was present at the cars first MOT or just after the warranty ran out I am sure Fiat HO would instruct the dealer to repair free of charge.

When it became clear that the dealers would not repair free of charge you should have got the indy that serviced your car to repair the gearbox for probably £6-700 and then take the dealer to the small claims court that I think you would have a very good chance of winning.

Sir Bagalot

6,475 posts

181 months

Monday 18th May 2015
quotequote all
A Fiat was my most reliable car. Until I let it near a dealership workshop. Then they fked it up.

£1200 you say.

Even if you go to court with a solicitor what's the best you achieve? Two thirds? You'll spend at least that getting there.

As someone already said best hope is small claims, then mediation, and settle on as much as you can get. £400? £600?

If you think you're getting your £1,200 then you are sadly mistaken. What do you want as a goodwill payment?

Sheepshanks

32,718 posts

119 months

Monday 18th May 2015
quotequote all
Sir Bagalot said:
Even if you go to court with a solicitor what's the best you achieve? Two thirds? You'll spend at least that getting there.
Using the small claims court online service costs a nominal amount - £70 to claim £1200.

photosnob

1,339 posts

118 months

Monday 18th May 2015
quotequote all
Sir Bagalot said:
A Fiat was my most reliable car. Until I let it near a dealership workshop. Then they fked it up.

£1200 you say.

Even if you go to court with a solicitor what's the best you achieve? Two thirds? You'll spend at least that getting there.

As someone already said best hope is small claims, then mediation, and settle on as much as you can get. £400? £600?

If you think you're getting your £1,200 then you are sadly mistaken. What do you want as a goodwill payment?
He doesn't need a solicitor for small claims. It's big companies who send solicitors... Which is why they pay out smile spend 5 grand to save. A grand it mad

TooMany2cvs

29,008 posts

126 months

Monday 18th May 2015
quotequote all
photosnob said:
spend 5 grand to save. A grand it mad
Spend five grand to defend a one grand claim - and deter nine other similar claims.