Major Engine Failure Just Out of Warranty - £6000+ bill - EU Law Legal Position?

withabix

vikingaero wrote: »

I think the Navara uses a 2.5 dCi whereas the X-Trail uses a 2.0 dCi.

2001-2007 model X-Trail is a 2.2 diesel (YD22), which pre-dates anything Renault related.

Not the same engine as the Navara either.

The Navara and X-Trail don't share the same problems.

I had a look at my engine on Friday - damaged bore, wrecked piston and burned out valves. All caused by failure of an injector.

The argument against Nissan denying any responsibility is that the injectors do not appear on ANY X-Trail service, maintenance or inspection schedule issued by Nissan, for inspection, maintenance or replacement at any age or mileage, hence it could be implied or inferred that the injectors should last the life of the vehicle. This argument is being supported by the Nissan dealer who has my vehicle at the moment (they actually made this point).

The dealer considers that this should get resolved (at least partly) if Nissan UK forward the complaint to Nissan Europe (as Nissan Ireland would do), however they are refusing to do this.

withabix

jammin wrote: »

Most new car warranties in Ireland are for two years, rather than three as per the usual norm in the UK.

Nissan warranties are the same in all EU countries.

They have actually extended the warranty specifically on Turbochargers to 5 years/90,000 miles due to the level of failures they have had.

withabix

alcot33uk wrote: »

OP sorry to hear of your issues.

Was the car a N.Ireland car or an Eire car? If it's N.Ireland then they do fall under the UK Nissan banner. If it's Eire you are stuffed. (sorry).

Alex

It's an Eire / Irish Republic car.

The origin within the EU shouldn't matter, as it is Nissan Europe (part of Nissan Global) who finance all warranty and manufacturer-funded work, not the individual country-based businesses, who aren't owned by Nissan themselves.

The main problem is that Nissan UK are refusing to escalate to Nissan Europe, which is contrary to what Nissan Ireland have advised that they do.

jammin_2

withabix wrote: »

Nissan warranties are the same in all EU countries.

They have actually extended the warranty specifically on Turbochargers to 5 years/90,000 miles due to the level of failures they have had.

Quite right. Nissan Ireland now offers three year warranties, not two.
http://www.nissan.ie/after_sales/warranty.aspx

withabix wrote: »

It's an Eire / Irish Republic car.

Ireland, if you please.

LandyAndy

jammin wrote: »

Ireland, if you please.

The political entity.

Not to be confused with the geographical entity.;):)

withabix

An update to this thread...

I was getting nowhere with Nissan and they eventually made me a ludicrous offer of £1000 off a new Nissan vehicle or they would sell me a new engine at cost price, some £5500+. How generous! Not.

I saw red and decided that the time for negotiation was over, so I sent Nissan Ireland a letter outlining my rights provided by EU Directive 1999/44/EC and giving them 10 days to meet their obligations under this Directive.

Result:

5 days after writing the letter, I get an email confirming that I will be provided with a brand new engine and associated parts at Nissan's cost, with me paying for the labour costs (12-15 hours at my Nissan dealer's rates).

They are also reimbursing me for car hire (approx £1000) - I didn't even ask for that!

Best result possible I think.

Clearly my threat of a legal action had the desired effect

Hopefully my car will be fixed by next week - the engine is arriving in the UK soon.

withabix

withabix wrote: »

Hopefully my car will be fixed by next week - the engine is arriving in the UK soon.

Another update...

Still no new engine - Nissan are costing themselves more money until the engine arrives, as they are reimbursing me for my car hire since the day the engine broke - over £1000 already and rising by £150 per week (I got them a cheap deal without Supercover - they will pay my excess cover premium).

Delivery date for engine not yet known - if Nissan don't know, who does? lol.

harveybobbles

Thanks for coming back with updates

withabix

Engine arrived first thing yesterday morning at Nissan dealer - despite Nissan Customer Services phoning me late on Tuesday afternoon to tell me that there was still no delivery date for the engine....

Bonus: it had a brand new (and very expensive) fuel pump on the bottom when they unpacked it! Another unreliable Nissan part replaced!

Nelly has had her new heart fitted today and is purring nicely!

Two months off the road and her first MOT date has arrived, so that's being done tomorrow and I might actually get my car back....:T and then I can re-tax it as well!

harveybobbles

hurrah all round.

Probably fail its MOT on corroded discs due to being sat for 2 months lol...