Do Nissan do compensation?

hpackwood

Hi,

Fairly new to this but here goes.

I've just taken delivery of a new Nissan Juke but have had a spectacular amount of issues with it and with Nissan.

I've asked for compensation but have been told they don't do it.

Just after a few opinions really as to whether to pursue it or not

Issues, briefly, are as follows:

1) Car ordered for 9th July
2)Delayed due to wrong spec being sent to manufacturer to 18th July
3)Delayed further to 25th July, again was informed that this was down to incorrect details reaching manufacturer

Having already sold my car this has then put me in an extremely stressful position having to arrange the logistics of hire cars, lifts, covering arrangements I’ve not been able to make by calling in help from family and friends, missing out on pre-arranged social occasions . . . the list goes on

4)Car finally arrives 29th July – not to the spec I have ordered. I have been informed that this is because (even, apparently, after 3 attempts) the car was not ordered to the correct spec from the manufacturer

5)I am then put in a position where I have no other option than to accept the car, as being without one for much longer than I anticipated is causing me and my family an immense amount of stress and inconvenience.

6)Further more, on trying to insure the vehicle I am informed that the vehicle has not been registered properly and is not showing on my insurers systems. It may potentially be a separate issue but they are also informing me that they have not had the new model information and therefore can’t even amend my insurance manually.
They blame Nissan direct for not issuing the new 14 model year vehicle specs to enable them to load into their system in time for the first deliveries . . .?

Ultimately, I’m then in the position where I have the car, albeit not the spec I have ordered and paid for, but can’t insure it and therefore can’t drive it!

7) To add to my frustrations, I have been on the Nissan website again and have noticed that they now have all the information for the new 2014 model Juke. This was not available when I ordered my car and therefore I have definitely missed out on some of the options available to me at that point. Again, highly frustrating.

8) I then find out one of the keys doesn't work, it has only been delivered with barely a quarter or a tank of fuel and over 150 miles on the clock!

In terms of remedying this situation, I have firstly been offered £350 and later have been offered some wheels off another car but not until October - 3 months after delivery.

These issues have cost me hundreds of pounds in hire cars, train costs, taxis, childcare costs plus immeasurable stress of having to call in favours from friends and family, meaning they have had to make sacrifices on their behalf, time off work, cancelled social occasions to name just a few!

To be honest, the amount of stress I have been through over the past few weeks with this, only for the vehicle to turn up with a spectacular amount of issues is, quite honestly, a very poor first impression from Nissan.

I am absolutely devastated, to say the least.

I've spoken to the head of 'Westway' who advise me that they don't do compensation. This appears to be the end of it from their point of view but I'm still not happy.

Advice very much appreciated

Hintza

First thing to do is go through the contract and see what they say about delays.

Having said that if the order is incorrect that sounds like incompetence.

Do you have insurance cover with your house insurance? I don't think I would be too happy either. Tot you costs up and suggest something like 1-3 years servicing as a way to resolve the issue, the cost to them of that is a lot less than shelling out cash.

hpackwood

Thankyou

I have an approximate total of about £800 in costs. Servicing seems a good idea.

What am I looking for in regards to my house insurance, sorry? I don't understand that part

macman

No one 'does' compensation as a matter of course. It's up to you to negotiate. If they refuse to play ball, then use the small claims court. And forget about your stress, the claim should be limited to the losses you have actually incurred and can quantify.

eddddy

In legal terms...

If they have breached the contract, and you have suffered a loss as a result, you can claim back those losses from Nissan.

If they have been negligent, and you have suffered a loss as a result, you can claim back those losses from Nissan.

And/or Nissan can make a 'goodwill' payment - but there is no legal obligation for them to do so.


So, for example, if the contract said the car would be delivered on a specific date, and it wasn't - Nissan have breached the contract. If you had to hire a car as a result, you can claim that cost from Nissan.

So, as Hintza says, check your contract.

(Claiming for 'breach of contract' is generally easier than claiming for negligence.)

hpackwood

Thanks for your help

I've checked through my contract - it doesn't have a specific delivery date so I'm guessing I can't go back with anything on this.

I'm going to get my receipts together next then I think

Thankyou

AdrianC

The fact that you sold your car before you had a definite delivery date for the new one is not Nissan's fault. Your order will say that the original date was an estimate and liable to change.

The errors in ordering are the dealer's fault, not Nissan's.

The second key is a minor issue easily resolved.

New cars ALWAYS have some mileage on. Sometimes more than others. I suspect your car was delivered by road from either the factory or the logistics depot, probably so that it could be delivered to you more quickly.

As for the spec changes - well, yes, spec changes always happen in the summer. When did you place the order?

agrinnall

The 'house insurance' reference was to see whether it includes legal cover (which is what Hintza should have said but made a mistake) so that you could, if they'll go for it, use their solicitors to make a claim against Nissan.

hpackwood

The dates they gave me were delivery dates - the first time it changed they told me it would definitely be the 18th - and then it was delayed further so I acted on the information they gave me in terms of selling my old car.

With regards to ordering the Juke, on the website in May there was the options and brochure advertised as the 'New Juke' - obviously at this point I believed and was told that the information related to 14 model year. However, now I've been informed that the actual options weren't released until 10 days ago. I don't understand how it's ok for me to buy a car with not all of the correct information at hand?

Finally, when I've acted in good faith based on the information I've been given only to not receive what I've ordered I can't see that that's my problem?

Also, they are ordering me part of my upgrades (wheels) for late October but again, why should it be acceptable to make me wait? It's not my fault they didn't order it correctly but they don't seem to care whatsoever

AdrianC

hpackwood wrote: »

The dates they gave me were delivery dates

Concrete, cast-in-stone - or estimates subject to change?

With regards to ordering the Juke, on the website in May there was the options and brochure advertised as the 'New Juke' - obviously at this point I believed and was told that the information related to 14 model year. However, now I've been informed that the actual options weren't released until 10 days ago. I don't understand how it's ok for me to buy a car with not all of the correct information at hand?

You ordered a 2014MY car. You received a 2014MY car. 2015MY is now in the brochures and production will be starting, probably after the August factory closure.

Also, they are ordering me part of my upgrades (wheels) for late October but again, why should it be acceptable to make me wait? It's not my fault they didn't order it correctly but they don't seem to care whatsoever

So - right now - you have a car with the wrong style of wheels on it. But you'll be getting the right wheels as soon as they become available.
First world problems...

atrixblue.-MFR-.

hpackwood wrote: »

The dates they gave me were delivery dates - the first time it changed they told me it would definitely be the 18th - and then it was delayed further so I acted on the information they gave me in terms of selling my old car.

With regards to ordering the Juke, on the website in May there was the options and brochure advertised as the 'New Juke' - obviously at this point I believed and was told that the information related to 14 model year. However, now I've been informed that the actual options weren't released until 10 days ago. I don't understand how it's ok for me to buy a car with not all of the correct information at hand?

Finally, when I've acted in good faith based on the information I've been given only to not receive what I've ordered I can't see that that's my problem?

Also, they are ordering me part of my upgrades (wheels) for late October but again, why should it be acceptable to make me wait? It's not my fault they didn't order it correctly but they don't seem to care whatsoever

The point here is that you accepted the vehicle, although you disputed the missing options and specs you still went ahead and accepted it, you should not accept anything that is different form what is as described and ordered, you should have refused delivery of it and gave them reasons why, then you should have requested your cash back of the deposit and gone else where, you have now agree'd to let them remedy the situation by ordering in the specs you wanted to fulfill the order.


Order time scales are advisory time scales, this will be listed on your contract and order form, you would have also have been notified by the sales team that eventhough they gave you a date it can be plus or minus that date by a few days to a few months depending on the availability, and the transporting company they use.