Detachable Towbar Problem

[Swiftchallenger530]

The detachable tow bar I purchased in April 2010 to my 2007 Vauxhall Vectra is not fit for purpose. A piece on the shaft of the tow ball that houses a small ball bearing has broken whilst trying to attach it to the car over the weekend. Having examined the damage myself it came to light that the damaged part was in fact made from cast. I have been back to the garage which fitted it and they have told us that a replacement part will cost £228! I phoned the customer services but they were about as much use as a chocolate fire guard. So I phoned Consumer Direct and they gave me the following advice - under the Supply of Goods and Services Act 1982 the tow bar has to be of satisfactory quality, free from defect and durable within a reasonable time. There is no way that the tow bar meets any of these statements and is a definite safety issue and could have caused personal injury. We are waiting on this being resolved and it has been reported to Trading Standards. Has anyone else had similar problems?

 

[ProfJohnL]

Hello Swiftchallenger530,

I hope consumer direct told you that your contract is with the seller, though if you paid by credit card and the goods cost more than £100, then the credit card company is also partially liable with the seller under section 75 of the consumer credit act.

The sale of Goods Act is where your rights lie, This will afford you some protection for up to 6 years, depending on the product and its reasonable life expectancy. No one would expect a banana or a tyre to last 6 years, so establishing what is a reasonable life for a product can sometimes be important.

If your tow bracket was less than six months old, then from your description, there would be little doubt that the seller would replace it or fully refund its cost, as the onus on the seller to prove it was not faulty at the time of sale.

However as your product is now over six months old, the boot is on the other foot, and the onus is now on you to prove that it was either faulty at the time of purchase, or it is less durable than it should, or it has a design, material or workmanship fault.

The older the product becomes, the more difficult it is to raise sufficient irrefutable evidence of the fault/failure being suppliers responsibility. Obviously the older a product is the greater the chance that it may have been damaged, rather than just been faulty.

Whilst obtaining evidence that others may have experienced the same difficulties, may strengthen your circumstantial case, its not a guarantee that you will win.

 

[Lutz]

It is unlikely to be a generic problem. You don't say who the manufacturer of the towbar was (for a relatively high volume vehicle like the Vectra it is probable that towbars come from more than one source). I had a 2007 Signum (basically the same as the Vectra but with a longer wheelbase) and never had problems with its detachable towbar.