Breach of Contract with FIAT

[jln698]

Please can you help, I have raised a small claim against FIAT, the reason being that I was unable to use my motorhome for 5 weeks due to a recall notice. The court has asked on what legal ground have I set my claim. My thoughts are that I paid £41,000 for a 3 month old vehicle, complete with a 2 year warranty to be able to use as and when I wished. Due to the recall notice, I was told that the parts were not available for 5 weeks and that because of the risk of fire, I was not to use the motorhome, leaving me stranded in Germany. My claim is based on what it would have cost to rent the same motorhome from a local dealer. I was provided with a car but no replacement motorhome that ruined our holidays.
Is the fact that as I paid for a nearly new vehicle, with warranty and the base vehicle (and recall notice) was FIAT, that the contract was to provide a vehicle 'Fit for purpose' and not one that could not be used without a replacement vehicle as and when a recall notice happens?
Appreciate any advice that would assist in wording my response to the court correctly and help against the legal service of such a big company.
James

[des8]

Your claim should be for breach of contract against the dealer who sold you the vehicle.
The Consumer Rights Act 2015 implies to all consumer/trader contracts that goods sold will be of satisfactory standard.
The dealer was in breach of contract in that the vehicle was not satisfactory, as evidenced by the recall and instructions not to use the vehicle
Your claim is for damages (ie all your costs plus possibly loss of enjoyment) arising from that breach

[jln698]

Your claim should be for breach of contract against the dealer who sold you the vehicle.
The Consumer Rights Act 2015 implies to all consumer/trader contracts that goods sold will be of satisfactory standard.
The dealer was in breach of contract in that the vehicle was not satisfactory, as evidenced by the recall and instructions not to use the vehicle
Your claim is for damages (ie all your costs plus possibly loss of enjoyment) arising from that breach

Thanks DES8, I thought this too but as the chassis and recall notice was on the FIAT chassis, it had to be dealt with direct with FIAT

[des8]

Overnight thoughts
Was this purchase financed by Fiat?
Your original query was regarding your cause of action, and I automatically put the answer in the context of a dealer /consumer situation.
However depending on how the deal was financed, your claim could be against the finance house

[jln698]

Overnight thoughts
Was this purchase financed by Fiat?
Your original query was regarding your cause of action, and I automatically put the answer in the context of a dealer /consumer situation.
However depending on how the deal was financed, your claim could be against the finance house

Hi DES8, it was a cash bought motorhome here in Germany but the warranty by FIAT is Europe and dealt with via FIAT UK

[des8]

That is a whole new ball game!
I thought you had bought van in UK and gone holidaying in Germany.

I don't know what German consumer law is, or how they implement European Directives, but you might be able to use the European Small Claims Procedure https://europa.eu/youreurope/busines...s/index_en.htm

How you might have a claim against Fiat, without sight of their warranty, one cannot say, but it will not be on the basis of an unsatisfactory vehicle.
Have they breached the terms of the warranty?

[jln698]

That is a whole new ball game!
I thought you had bought van in UK and gone holidaying in Germany.

I don't know what German consumer law is, or how they implement European Directives, but you might be able to use the European Small Claims Procedure https://europa.eu/youreurope/busines...s/index_en.htm

How you might have a claim against Fiat, without sight of their warranty, one cannot say, but it will not be on the basis of an unsatisfactory vehicle.
Have they breached the terms of the warranty?

Hello once again and really appreciate your fast responses.

Although the vehicle was bought in Germany, it is UK registered and comes under FIAT UK - they are the company that carried out the Recall Notice. It is not an issue with the warranty as such and the claim against them has been raised against the cost to me due to not being able to use this vehicle because of this recall notice.

[des8]

IMO you probably have no claim against Fiat, as your contract was solely with the supplier

tagging rob to see if he can offer alternative view

[jln698]

IMO you probably have no claim against Fiat, as your contract was solely with the supplier

tagging rob to see if he can offer alternative view

Thanks once again, hope this isn't the case as it was the FIAT side that let us down and not the dealer. All correspondence for the recall was done via FIAT UK. Once again, appreciate all your help. It will be the judge that decides and just need to clarify why I feel that FIAT are responsible. James

[des8]

Well good luck , and please come back and let us know the result either way as it might help someone else and we all learn

[Bluey4543]

Was the recall dated prior to you purchasing the vehicle?

[jln698]

Was the recall dated prior to you purchasing the vehicle?

Hi, no, about 5 months afterwards