My rights

[gill green]

I have a P reg Punto - I received a recall letter in 2003 to have my brake pipes replaced. I have recently found out, at the cost of my safety, that only one of my brake pipes was replaced at this time. The Fiat franchise garage claim that I am responsible for transporting my dangerous car to their garage in order for them to asses the problem and FIAT are so far keeping quiet. Can you advise where I stand on this matter.

[stream]

Unfortunately you have missed out a key fact in your question - How do you know the work was not done properly?

If you have had a third party opinion on the matter-e.g. the RAC or you had a local mechanic look at it, or the guy who drove the recovery vehicle, then  why should Fiat believe them. you are claiming their work was not carried out properly based on the opinion of someone who in their mind is not qualified to asses the vehicle (this is especially so if it's your personal opinion and not a qualified mechanic's etc.).

If Fiat have admitted it's they did not do the work properly it may still be complicated.

if the accident that resulted in your car being legally unsafe to drive was the fault of the corroded brake pipe then you have them over a barrel.

 If the cause of the accident is unclear you will probably have to pay for the recovery to a dealer but if it turns out it was entirely their fault you will be entitled to recover costs and poss. further compensation.

if the crash was not caused by the corroded brake pipe, although fiat are liable for rectifying the pipe you are liable for recovery as the car's unroadworthiness is your fault (you crashed it)

Finally if the accident was nothing to do with the pipes but nevertheless the car is still legally driveable but for the pipes then Fiat are responsible for recovery.

Your courses of action could include bluffing - go to the dealer and claim you have engaged a solicitor to advise you, and you will go to the local papers (unfixed brake pipes don't do alot of good for business) if they do not recover the vehicle. however this may be unwise as you will lose face and credibility if they call your bluff.

[stream]

option 2- if you are certain that you are in the right then pay for the recovery yourself. if it turns out that the car was legally unsafe to drive solely due to the pipes or if the accident itself was caused by the pipes then you will be entitled to restitution of the recovery costs and poss more if the pipes actually caused the accident. in terms of getting the car on the road again this will likely be the quickest solution along with option 3

option 3 - bite the bullet and pay for recovery and be done with it.

option 4 - speak to a solicitor. you will be able to get a free initial consultation from a reasonable solicitor either in person or poss over the phone. Go to a good one not the ones that advertise on T.V. if Fiat origionally claimed that the work had been completed when in fact it was not and that directly caused the accident then you may be entitled to more than just recovery costs. A good solicitor could explore various options with you depending on injuries etc. and there may be something in it. Don't get giddy though.

Sorry for the long answer but I had a punto that was recalled for the same reason, the work was done well but they did something else completely daft to the car that could have caused an accident, so I sympathise. Good Luck

[stream]

BTW forgot to mention but it is likely that your core grievance is with FIAT itself. This will depend on may factors but it would be FIAT that is liable for the cost of the recall, not the dealer. whether or not the dealer then becomes liable for not doing the work properly would depend on the fine print but at a guess Fiat itself would remain liable (although obviously they would take the matter up with the dealer themselves).

truth is I don't know alot about the relationship between car manufacturers and their dealers but you should copy all correspondence to both and if you call one call the other, even if you are told that you are wasting your time. If you are confident you are in the right record the conversations- but you must inform them clearly you are recording see www.grumbletext.co.uk for a call recording service- this may prove useful later on.

[stream]

what happened in the end?

[gill green]

To your question - What happened next?  Unfortunately I have not had any contact from Fiat - they have advised that they take 10 working days to answer all correspondence and as you advised my case is with them.  I have spoken to Citizens Advice and they have advised that I wait out the 10 days as this shows I am being reasonable and if nothing further comes from Fiat then I have a stronger case - I'll let you know what the outcome is.  Thanks for asking.