Do I have grounds for rejection

[Neil S]

Ok here go's I'll try and keep it short .
We reserved a new Pilote A -class back in 15/5/21 and paid a deposit now DVLA eventually registered it 1/6/21 although we didn't receive the V5 until 24/6/21
We asked for a Thule canopy to fitted which only arrived last week due to it being on back order in the meantime the dealer noticed a noise from the transmission
they took it to Motus Commercials Wrexham who are a Fiat Professional garage and I've just phoned them and they think the gearbox is knackered .
They have emailed Fiat in Italy for authorisation to replace the gearbox and are awaiting confirmation but it most likely have to come from Italy or wherever as there isn't a replacement of the shelf here in the UK which means it could be months considering there is huge delay in getting parts from Europe
Bare in mind this is a new motorhome which we should have had by now , I've paid a sizeable amount of cash upfront and the balance is my 19 reg Pilote coachbuilt .
What grounds have I since the vehicle is not fit for purpose due to a major fault in the transmission preventing us from taking ownership

 

[David and Sally]

IIRC the dealer must made reasonable attempts to rectify the matter. If they can't even if beyond their control, you have grounds to say "deal off" and get your deposit back.

I guess the final arbiter of what is reasonable is the court. You are assuming weeks for the new gearbox but until the dealer comes back with more info in a reasonable time I would hold fire. I am no lawyer.

 

[Nanniemate]

Once the gearbox is sorted it will be brand new and should be fine, if you still have your van carry on using it and enjoy the summer do NOT hand it over until you are happy with the new van.

If you really really want the van give them chance to put it right . If you are having second thoughts (not just because of the gearbox) reject it and get out and about in the tried and tested vehicle (why were you changing it)

sounds like you have gone off the van so if you can find an optout go for it

 

[Neil S]

Once the gearbox is sorted it will be brand new and should be fine, if you still have your van carry on using it and enjoy the summer do NOT hand it over until you are happy with the new van.

If you really really want the van give them chance to put it right . If you are having second thoughts (not just because of the gearbox) reject it and get out and about in the tried and tested vehicle (why were you changing it)

sounds like you have gone off the van so if you can find an optout go for it

No we haven’t gone off the van we really like it but it’s just the very possibility that it could be absolutely months before it’s fixed
I just think it’s unreasonable to have to wait even longer when we could have had something else by now .
The wife is in tears after months of waiting as we’ve already cancelled two trips away and we’re supposed to be going to Spain at the end of this month .
Which won’t happen now .

 

[MichaelT]

No we haven’t gone off the van we really like it but it’s just the very possibility that it could be absolutely months before it’s fixed
I just think it’s unreasonable to have to wait even longer when we could have had something else by now .
The wife is in tears after months of waiting as we’ve already cancelled two trips away and we’re supposed to be going to Spain at the end of this month .
Which won’t happen now .

But it could be next week, until you know you can't make a decision?

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[bobandjanie]

We rejected a Smart car after just 22 miles and just about making it home, engine was red hot although they lent us a loan car, it took them 2 weeks to sort out, I said we wanted confirmation that any problems with the engine a new one was fitted, they wouldn't so we had another new one.

But to be fair they was very good, and the mechanic that found the problem said he would do the same. Bob.

 

[Neil S]

But it could be next week, until you know you can't make a decision?

Very true but then how long is a piece of string
I’m thinking that if this cannot be resolved within another month I want to get out of the deal .

 

[chaser]

No we haven’t gone off the van we really like it but it’s just the very possibility that it could be absolutely months before it’s fixed
I just think it’s unreasonable to have to wait even longer when we could have had something else by now .
The wife is in tears after months of waiting as we’ve already cancelled two trips away and we’re supposed to be going to Spain at the end of this month .
Which won’t happen now .

I just couldn't do with the waiting for a new van, or anything, come to that, wether it's a kitchen , carpets , furniture or owt else , by the time you get them, they are last year's model, if I can't pay and take it home I don't want it, and this is just taking the biscuit, will you ever be happy with it?
I would want my money back and look for next year's model.

 

[MichaelT]

Very true but then how long is a piece of string
I’m thinking that if this cannot be resolved within another month I want to get out of the deal .

Not unreasonable to give dealer notice if not sorted within a month you are rejecting then.

 

[peterc10]

Trouble is that you may be biting your own nose off.

How long would it be for you to get another one? My guess would be a lot longer than getting the repair done. Annoying I know but I would try to get some compensation for inconvenience from the dealer in cash or additional goodies fitted and then wait for the repair

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[David and Sally]

I can feel for the op’s frustration. Pay zillions for a new Moho, car, motorbike. etc which are all emotional buys and
then have a major fault after waiting so long.
Reasonable suggestion of giving them notice of a month or rejection.
Hope it is sorted soon.

 

[Pausim]

We reserved a new Pilote A -class back in 15/5/21 and paid a deposit now DVLA eventually registered it 1/6/21 although we didn't receive the V5 until 24/6/21

If others find themselves held up waiting for a first registration it is worth checking the Government site because the registration shows up there as soon as it is registered and you don’t need to wait for the V5 to turn up.

GOV.UK - Enter the registration number of the vehicle

vehicleenquiry.service.gov.uk

 

[Blue Knight]

Neil,

Have you collected your new Pilote or is it still at the dealer/factory.

Cheers,

Andrew

 

[Neil S]

Neil,

Have you collected your new Pilote or is it still at the dealer/factory.

Cheers,

Andrew

Andrew it’s was at the dealers until 10 days ago but now at Fiat in Deeside after it developed a noise from the gearbox .
So although it’s registered in my name being brand new we have never physically had it in our possession

 

[Gellyneck]

I would guess you could have a claim under the Consumers Rights Act 2015 which gives you 30 days to return for full refund if not of satisfactory quality. If over 30 days and under 6 months the seller has one opportunity to repair or replace before a full refund. Over 6 months you need to prove there is a fault and give the seller one opportunity to repair or replace and if unsuccessful get a partial refund.

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[Trev45]

Is the gearbox manual or automatic ? When I read threads such as this I wonder how long before a pattern of faulty gearboxes emerge and the recall letters start dropping through the letterbox.

 

[pappajohn]

No good asking here, it's all opinion even though well meant.
Book a free ½hr with a citizens advice solicitor and get the force of the consumer law on your side.

 

[Lenny HB]

Give them a reasonable time to repair it two weeks should be more than enough less than a days work to change a box.
And for the largest manufacturer in Europe to say they have no stock of gearboxes is not acceptable.

 

[Blue Knight]

Andrew it’s was at the dealers until 10 days ago but now at Fiat in Deeside after it developed a noise from the gearbox .
So although it’s registered in my name being brand new we have never physically had it in our possession

That'll fall within the 30-day rejection timeline but you need to decide soon if you want to be van-less.

The big challenge is whether Fiat can get it fixed within a timeline that suits you and your expectations. We've had dealings with Fiat recently as our van needed repairing and the Fiat guys said that the parts pipeline was incredibly slow.

Our situation is slightly different to yours (we bought via a broker) but we've spent the last few months going through the rejection process which in all honesty has been hard going with huge amounts of legal paperwork, legal zoom chats and expense.

Unlike our situation you should be able to initiate the rejection process quite easily albeit the big test is how things will pan out thereafter.

Good luck,

Andrew

 

[Silver-Fox]

As has been said.

Keep using your van and let them put a new box in.

Fair play to the dealer for picking it up and swiftly getting the ball rolling.

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[Wack]

Why can't you go to Spain in the one you have then pick the new one up when they've fixed it

I'd see if I can get something out of fiat for the hassle though , maybe an extended warranty to give you confidence in it

 

[Neil S]

Is the gearbox manual or automatic ? When I read threads such as this I wonder how long before a pattern of faulty gearboxes emerge and the recall letters start dropping through the letterbox.

A 6 speed manual and it the latest 140bhp engine

Why can't you go to Spain in the one you have then pick the new one up when they've fixed it

I'd see if I can get something out of fiat for the hassle though , maybe an extended warranty to give you confidence in it

good point .
Anyway I’m having a meeting with dealer on Thursday so watch this space

 

[Pausim]

I'd see if I can get something out of fiat for the hassle though , maybe an extended warranty to give you confidence in it

Good idea but the very short period for the extended warranty runs from date of registration and has already run out. It is to do with FCA regulations and I doubt Fiat have wriggle room on this.

 

[riffman]

As has been said.

Keep using your van and let them put a new box in.

Fair play to the dealer for picking it up and swiftly getting the ball rolling.

Here here. ‘Bout time Someone said it as it is. The dealership are looking after your interests. Give them a break. If you now reject, then order new, you’ll be waiting another 6 months to a year. Border problems, low stock, rising prices, DVLA 10 week delays. You would be better off working with the dealership to get your wonderful new motor home to you as quickly as possible. Maybe this’ll put thing in perspective….we ordered in October last year and are STILL waiting. Good luck whatever you decide and happy travels.

 

[MichaelT]

Another problem is the time to repair, at the moment with Covid the courts are likely to be more lenient with timeframes due to parts not available, shortage of workers, lock downs etc. so you may have to give a bit more time to fix than would normally be reasonable but a gearbox is a major component and should be available but with Brexit it may take ages to get imported now?

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[jimdob]

No we haven’t gone off the van we really like it but it’s just the very possibility that it could be absolutely months before it’s fixed
I just think it’s unreasonable to have to wait even longer when we could have had something else by now .
The wife is in tears after months of waiting as we’ve already cancelled two trips away and we’re supposed to be going to Spain at the end of this month .
Which won’t happen now .

Just go on holiday and put the miles on your old van

 

[Neil S]

Here here. ‘Bout time Someone said it as it is. The dealership are looking after your interests. Give them a break. If you now reject, then order new, you’ll be waiting another 6 months to a year. Border problems, low stock, rising prices, DVLA 10 week delays. You would be better off working with the dealership to get your wonderful new motor home to you as quickly as possible. Maybe this’ll put thing in perspective….we ordered in October last year and are STILL waiting. Good luck whatever you decide and happy travels.

The dealership hasn’t been particularly good at keeping me informed
Ive had to do all the chasing including speaking direct to Fiat at Deeside after the dealer told me he’d taken it there after the gearbox issue came to light .
Every time I’ve contacted the dealer for an update the response which sometimes takes 3-4 days before they reply has always been oh! we haven’t heard anything . They don’t appear to be making an effort in anyway to hurry things up .
Now given I’m spending £70+k you would think they would make more of an effort .
If a replacement gearbox cannot be sourced here in the U.K. which I very much doubt we could be looking at 2/3 months delay if coming from Italy .
I’ve made two 400 mile round trips since May to see the dealer face to face because of the poor communications I’ve had via email .
Patience is wearing very thin .
Anyway I’ll have further update from Fiat at Deeside hopefully by tomorrow .

 

[bertiebasset]

Bear in mind it may be £70K+ to you but he is only interested in his profit margin. I would go with the suggestions of using your present van to holiday in (next time you speak with them say you are willing to pop down to Italy to collect a gearbox (at their expense of course ) to get things moving.) At least they have found the faulty gearbox and not palmed it off to you then sold your trade-in leaving you with nothing.

 

[Neil S]

Bear in mind it may be £70K+ to you but he is only interested in his profit margin. I would go with the suggestions of using your present van to holiday in (next time you speak with them say you are willing to pop down to Italy to collect a gearbox (at their expense of course ) to get things moving.) At least they have found the faulty gearbox and not palmed it off to you then sold your trade-in leaving you with nothing.

Actually I wouldn't mind a trip to Italy however as I'm expecting an update tomorrow so you never know it might be some positive news .

 

[MikeManning]

Contact Pilote and express your DEEP concern over this matter. Lay it on thick about the disappointment that you have over the situation with your new Pilote but also make them aware of the poor service from the dealer.

Caravan and Motorhome dealers are just 'used car salesman'!!! A different breed.

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