Kingham fiat recall

Autosleeper kingham 2017 based on Fiat Ducato. This is subject to a safety recall for replacement of the Exhaust gas recirc pipe which could cause a complete power failure when the van is in use. Fiat recommend that the van is not used until the pipe is replaced. Along with the recall letter from Fiat was a letter from the VOSA advising that use of the vehicle without addressing the problem could be against the law and could invalidate the insurance. I rang the insurance company and they informed me that any problems caused by failure of the recalled part would not be covered. I now want Autosleepers to issue a covering letter to insure me for the journey to the garage or to collect the vehicle, which is still under warranty. Does anyone know the legislation that covers this situation, as now doubt, Autosleepers will try and get out of it

Just my thoughts on this -. The recall is from Fiat not AS. You need to contact your nearest Fiat franchised dealer. I would think you are only responsible for any insurance claim if you fail to take urgent action. To me it's no different to driving a car that does not have a current MOT to a pre-arranged appointment to get that MOT.
Extract from VOSA document on recalls - "You are responsible for ensuring that your vehicle is maintained in a safe condition and that you are not driving a defective vehicle/machine. By not promptly acting on a safety recall letter and having your vehicle recall completed you may: u Commit an offence of using a defective vehicle, particularly if involved in an accident or other traffic offence. u Put your operators license at risk (for vehicles with an operators license). u Affect any claims made to your vehicle insurer u Put yourself, occupants in your vehicle and others at risk."

'By not promptly acting' is to me the crucial phrase.

As said this is just my taking on the matter and not given in any legal knowledge.

I have already taken the van to the nearest Fiat service centre and am now awaiting the part delivery. It was the Fiat service centre that advised against using the van and indeed, mentioned the passage in the VOSA letter, and they agree that it should have a cover letter or be collected, but this can only be sanctioned by Fiat customer services who I have to contact, via a telephone help line to Italy. But as with any item it is the dealer you purchased the item from who is responsible for arranging repairs, and in this case that is Marquis Tewkesbury, ie AUtosleepers

With a recall you don't have to return to your supplier , any franchised dealer can do it. It sounds from " am now awaiting the part delivery" that that is what you have done. Not sure why you stress that Marquis are responsible. Fiat are responsible for costs which may include collection and perhaps compensation for loss of use but I wouldn't hold my breath.

Do Fiat e- mail people who own affected vans ?  I’m thinking of those currently away over the winter in their vans who might not get post sent to their home address for 2 or 3 months.

Vehicle Standards Agency in association with DVLA state that first class mail should always be first choice but also state......


Alternative methods of contacting the registered keeper Key features: u Understand your customer and their lifestyles - don’t just think of mailing if your customers may not be there to receive it u Remember, however, that any other means must be in addition to the official letters u Ensure uniformity of the message to the customer regardless of the medium It must be appreciated that consumers are changing the ways that they communicate. Whilst at the present time the letter remains the primary method of contacting customers; producers and/or distributors should also consider other methods in addition to the letter that reflect customers and their lifestyles. DVSA would encourage producers and/or distributors to consider other methods such as telephone contact, chase letters, text messaging and email etc. This data can be sought from the consumer but does have some limitations. Producers and/or distributors should bear in mind the provisions of the Data Protection Act. As technology moves forward DVSA hopes that there will be alternative ways of alerting the consumer to safety recalls on their product. This can be helpful to keepers who are not always in one base and therefore can collect this information from a variety of locations. These methods, if used, should be in addition to the despatch of the official correspondence. Any dealer correspondence should reflect the information in the official letter and should not dilute understanding or promote non-compliance. DVSA believes that dealers should use the key information detailed in the original letter as the basis for any communication. Other methods include: u u u u u u u u u National and local press articles TV and radio advertising Press statements Posters displayed in relevant outlets, garages and community facilities Official website entry Owners club websites Text messaging Email Telephone calls Some of these options are better used for recalls where traceability is an issue, for example, non registered items such as component parts, tyres or child protection devices.

Thank you Paul. I think I might just mention it to the C&CC rally stewards tomorrow anyway.

Thanks for all your replies
Yes any franchised dealer can do the job but cannot sanction the collection or insurance cover, that can only be done by Fiat customer services (apparently). But if they refuse to cover the cost of collection or insurance thenI would have to go via Marquis/AS, who are generally very unhelpful. So I was enquiring about the legislation in order to be one step ahead, because as far as the 2015 consumer rights act is concerned the ultimate responsibility lays with the outfit you purchased the item from, regardless of the individuals companies that supply the component parts. So as the saying goes forwarned is forarmed.
So if anyone knows the exact wording of the actual legislation covering such warranty issues I would be very grateful

In this particular instance the relationship is between Fiat who have issued the recall and you as the person legally responsible for the operation of the vehicle. It is absolutely nothing to do with Auto-sleeper or Marquis who probably know nothing about the recall. If it was me I would keep the stress down and just deal with Fiat.

The question of insurance would only arise if, while operating the vehicle for a purpose other than to have the recall implemented, you caused harm to a person or property and were subject to a claim for damages.

Surprised that this took so long to be noted, The recall advise was on the Tribby and Out and about live at the beginning of November, so does this mean that this "urgent" recall has not been treated as Urgent by Fiat.
It would appear to be a big job as well taking 5 hours plus to replace.

smithy26 wrote:the actual legislation covering such warranty issues

As I understand it, you have two separate routes open to you. Warranty or your statutory rights. If you choose to progress it as a warranty issue then A/S are entitled to say that all aspects of warranty relating to the base vehicle will be handled by the base vehicle supplier. My understanding is that this is how A/S define their warranty - so if you wish to progress it as a warranty issue, you must deal with Fiat.

If, however, you want to exercise your statutory rights as a consumer, all of your dealings should be done via the entity with which you have a contract - in this case that sounds like it is Marquis, the dealer (not A/S the manufacturer, because you do not have a contract with them).

In my experience, it is generally far easier to progress matters like this as a warranty issue, and you can generally expect the dealer to put up a lot of resistance to progressing it any other way.

Assume this is the recall.
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My experience is that unless you are the original owner who purchased the vehicle from new, you are not likely to be notified by the manufacture.

As the original owner, I purchased the vehicle from Marquis who are part of the A/S group, they are therefore the warranty issuers for the vehicle and as such are my first port of call for any issues. The insurance aspect is direct from the horses mouth, ie the insurance company have stated that as, driving the vehicle is not recommended, by the company issuing the recall, then any insurance claim caused by failure of the recall parts will not be valid

Thanks for all your replies
Yes any franchised dealer can do the job but cannot sanction the collection or insurance cover, that can only be done by Fiat customer services (apparently). But if they refuse to cover the cost of collection or insurance thenI would have to go via Marquis/AS, who are generally very unhelpful. So I was enquiring about the legislation in order to be one step ahead, because as far as the 2015 consumer rights act is concerned the ultimate responsibility lays with the outfit you purchased the item from, regardless of the individuals companies that supply the component parts. So as the saying goes forwarned is forarmed.
So if anyone knows the exact wording of the actual legislation covering such warranty issues I would be very grateful

As I've already said, the warranty is not a statutory right, so as far as I'm aware there is no legislation that covers it - a warranty is entirely at the discretion of the manufacturer, and they can state whatever terms they like. 

Be aware that there has in the past been considerable confusion about EU Directives and "warranty" - because the way that the EU use the term does not correspond to the way that we use the word in the UK.

smithy26 wrote:I have already taken the van to the nearest Fiat service centre and am now awaiting the part delivery. It was the Fiat service centre that advised against using the van and indeed, mentioned the passage in the VOSA letter, and they agree that it should have a cover letter or be collected

The Fiat service centre will know the impact of this recall and it seems they were happy for you to drive the van back to home, and they must have known you will be driving the van back once they get the part in stock.
Obviously do not make any journeys other than directly to and from the nearest Fiat service centre. 
FWIW I don't think this matter involves anyone other than you and Fiat. 

Do not be afraid to contact Fiat customer service, I have found them most helpful, if they promise to phone back, they will.

Leighton.

Thanks to you all for your comments and links, I will call Fiat customer services on Tuesday and request either an insurance cover letter or to have the van collected. As it stands my insurance will not cover me for any problems arising from a fault with the recall parts and I do not see why I should pay for extra cover through no fault of my own. As it is, I have already requested compensation from Fiat to recompense me for not being able to use my vehicle for a considerable amount of time, and they have agreed to escalate the case.

Hi,
I thought that the Kingham was based on the Peugeot badge.?
Also if the re-call is for a part that relates to the engine (i.e EGR pipe) then would this not be for all Fiat models, why only the Kingham?

For a couple of years now, customers have had the option to choose the Fiat chassis instead of the Peugeot to take advantage of the Fiat automatic.

The recall is for the Ducatto, not the Kingham.

Phoned Fiat customer services this morning, and they were very helpful and understanding about the insurance aspect and will arrange to collect the van

Excellent service.

Best customer service I have had in a long long time

Parts are in for the recall fix, so phoned Fiat customer service to arrange collection of the van. Surprise surprise, no record of the call and total refusal to collect the van, refusal to pass me up the line in customer services. The operative was ignorant rude and totally unhelpful. I am now going to try and raise a complaint with them. Wish me luck