FIAT Scudo - failed ECU sales of goods act

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Tue 1 Oct 2013 09:36
FIAT Scudo - failed ECU sales of goods act - NOKURCZ

I purchased a FIAT Scudo Van in autumn 2008.

In November 2012 the car stopped due to a faulty ECU.

After having been sent by the vendor to an authorized dealership the car eventually got fully tested and repaired...at a cost of just under £2500

Initially the authorized dealership felt FIAT might cover such fault which seems very rare and my van (in light domestic use) in very good shape. FIAT however simply stated that the car was outside of their usual warranty.

I then contacted the vendor on the basis of the Sales of Goods Act. He repeatedly pointed me to FIAT Customer care, and in the end I began small claims proceedings.

I now received their formal response, saying that '...Mr K did not purchase his vehicle from our comapny. Our company is Vans Direct Ltd, company No xyz, incorporated 23 July 2009. We understand that Mr K purchased his vehicle on 10 September 2008 from Vansdirect.co.uk Ltd, Company No xyz, dissolved/ entered administration on 28 October 2009.'

Unnoticed the company I was talking to over recent months as if responsible is called Vans Direct Ltd rather than vansdirect.co.uk Ltd

All 'company' details / phone numbers / website (which is Vansdirect.co.uk) are still the same, but from a legal point of view does this mean I can consider my case closed with no redress via the Sales of Goods Act? - does anybody know for sure?

Any thoughts much appreciated to put my mind at rest,

Many thanks

Edited by NOKURCZ on 01/10/2013 at 09:37

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Tue 1 Oct 2013 13:22
FIAT Scudo - failed ECU sales of goods act - Brit_in_Germany

The provisions of SOGA relating to fitness for purpose, i.e. Part 5A, are restricted to sales to consumers which may or may not be a problem. In any case though, you would appear to be stymied by the dealer you bought it from having gone into administration, the new phoenix like dealer apparently having no legal connection with the previous incarnation.

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Tue 1 Oct 2013 13:26
FIAT Scudo - failed ECU sales of goods act - pd

If the company you purchased it from is no longer in business that is a dead end route (Limited Liability means just that) and regardless of how it is now trading unless you can prove it was wound up inproperly (which is the job of the Insolvency Service and 99/100 they don't do anything) forget it. Regardless, 4 years after purchase and 1 year after the event it would be a non-starter.

If you purchased it new and if it has done a low mileage (say 30k) you *might* have a vague claim against FIAT but it would be a long winded process at that age.

At the end of the day it is a 5+ year old van and it has gone wrong - one of those things.

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Wed 2 Oct 2013 20:47
FIAT Scudo - failed ECU sales of goods act - NOKURCZ

Many thanks for your thoughts to the legal aspect (which I kind of guessed).

The car at that time had well below 15000 miles (only driving it about once a week for 1 hour between London and the country with hardly any stop and go).

When you say vague claim against FIAT, what else can I say other than asking for at least for some contribution...it was such hefty bill and the focus turned to the vendor once FIAT shut the door on any warranty claim. Even DAF / the authorised dealer who fixed it was under the impression that FIAT may waive the repair costs given the good nick and young age / mileage of the van (never mind that it had two recalls under warranty / once a computer and key reset because of some potential headlight issue, and the second time because of a faulty gasket at the windscreen which eventually I noticed because of a water stain overhead).

Is there any legal leverage / precedence for such 'vague claim' to put me in a better position when taking this up with FIAT once more?

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Wed 2 Oct 2013 20:55
FIAT Scudo - failed ECU sales of goods act - skidpan

You bought a van 5 years ago, you do not say if it was new but lets assume it was.

It had a problem when it was 4 years old, long after the warranty ended.

Now another year on you want to claim for the repair form Fiat.

Just accept that no manufacturer would entertain such a claim and why should they. Warranty work can only be carried out by an authorised agent for starters and why DAF are authorised Fiat repairers I ahve no idea.

Forget it and move on, you are wasting your time.

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Wed 2 Oct 2013 21:08
FIAT Scudo - failed ECU sales of goods act - focussed

I have been following this thread with increasing dismay. This may not sit well with the OP but here goes anyway.

You have no chance of claiming anything from vansdirect.co.uk -they are an ex-company, they don't exist anymore, (although the company accounts make interesting reading)

https://www.duedil.com/company/03946509/vansdirect-co-uk-limited/financials

As you did not purchase the van from FIAT UK you have no legal claim on them, that's why manufacturers sell through dealers who take on the liability of any claims made by customers under SOGA or any other legislation.

There is no such thing as a legal precedent for a "vague claim".

Sorry and all that - as someone else said, swallow it and move on.

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Thu 3 Oct 2013 10:26
FIAT Scudo - failed ECU sales of goods act - NOKURCZ

Many thanks - if was good running it past this forum.

Seems all that could be done has been done - case closed.

Thank you again for your thoughts,

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Thu 3 Oct 2013 10:31
FIAT Scudo - failed ECU sales of goods act - skidpan

if was good running it past this forum.

What does that mean.

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Thu 3 Oct 2013 10:40
FIAT Scudo - failed ECU sales of goods act - NOKURCZ

'running past the forum' - all I meant was that I tried to find anybody with similar experiences, or enough experience to know that this is not going to go anywhere from here.

With your feedback I guess the best conclusion in such matters is to accept, and forget about it.
Thank you again for your thoughts,

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Thu 3 Oct 2013 10:35
FIAT Scudo - failed ECU sales of goods act - NOKURCZ

Not that it matters (I never bought second hand) - the car was bought new;
Many thanks;

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