New car fault

consumercarl

To be as brief as I possibly can. On 19th June 2017 I collected a new Nissan Pulsar 1.6 Tekna from West Way Nissan. The vehicle was purchased via PCP and a £1500 deposit paid. The following day I made contact with West Way Nissan and the Finance company (Nissan Finance). I informed both parties that I was very unhappy because not only did the car rattle but also there was a whistling noise (transmission). I stated that I would reject the vehicle under the "short term right to reject" due to the faults and quality of the car. I was informed that the whistling noise was a "characteristic" of this particular car. Yet, the 1.5 diesel version I tested did not show any of these "characteristics". I then instructed Dekra to have an independent vehicle inspection carried out because neither West Way Nissan or the finance company agreed that there was a fault.
The inspection concluded that: "The creaking trims of the vehicle interior can be rectified by treating the areas with silicone lubricating the areas of contact.
This is a common method of rectifying this type of fault in vehicles.
It would not be possible to improve the whine, as the transmission is mass produced by the manufacturer to tolerances that are not
adjustable.
If another transmission was used in place of the original the noise could be worse in the replacement unit.
This noise will vary from vehicle to vehicle and is a characteristic of its production".
I then contacted the credit card company who have informed me that I would not be covered under section 75?

Any assistance would be very much appreciated. Incidentally, I have audio recorded everything, from test drives by west way Nissan to the Finance Company.

k3lvc

Assistance would be

a) buy (or ask Westway Nissan to give you) some silicon lubricant that you can smear on any squeaky bits as you discover them

b) turn the radio up to mask the whine

For future reference it's always worth test driving the version of the car you intend buying - not always easy but sometimes dealers need to work for their money

m0bov

Test drive an identical car and see if it whines?

davidwood123

Your independent report backs up Nissan and the dealership.

Sell it and buy a different make if you can't live with a plastic dash creaking.

consumercarl

Many thanks for the replies. Why would I have to buy any silicone sealant for a new car? The "creaking" was the independent inspector's interpretation of "rattling". When test driving the vehicle the inspector put pressure on the centre console to stop the rattling noise, this corrected some of the rattling noises but not all. Why would I have to drive a new car and apply pressure to the console to prevent it from rattling? Why would I have to turn up the radio to block out a "whine" (Whistling noise), besides, that does not work. The inspector quotes "fault". There were no other Nissan Pulsars of the 1.6 petrol that I bought available for test driving. Appart from the test Pulsar prior to purchase being diesel and the one purchased being petrol, I was informed everything would be the same, however, I did not hear any "rattling" or any "whine" from the test driven model. Is this not miss-selling? Besides all of this, when opening the boot of the car day before yesterday, I have taken pictures which show the plastic sidewall that leads to the roof has now separated (interior). The car is falling apart. The dealership claim to have driven another 1.6 Nissan Pulsar and that it also whines. Had I have been aware of any of these noises I would never have bought the car.

m0bov

Book it in for the rattles to be sorted. quite common on a new car.

consumercarl

I must be honest, I have not experienced any "rattles" or "whines", even interior frame work separating in any other vehicle I have had. This is a quality problem and I do not see why a finance company or dealership should force a vehicle on anyone if there are problems with it. Why was there CRA 2015 or SOGA 1979 (amended) Section 75 CRA 1974 if all of these can simply be flouted and ignored?

shaun_from_Africa

consumercarl wrote: »

Why was there CRA 2015 or SOGA 1979 (amended) Section 75 CRA 1974 if all of these can simply be flouted and ignored?

But they are not being flouted and ignored.
The independent report on the vehicle has stated that the gearbox whine is normal for the model of car in question and so is not a fault and the rattles/squeaks can be easily rectified.
As m0bov has already suggested, get the car booked into the garage and ask them to sort out the rattles.
If they fail to do this then consider further action against the dealership.

consumercarl

Thank you for your email. Yes, I can understand what you say. However, How many Nissan pulsars were checked to suggest this is normal? I know several Nissan owners and have even been out in other Nissan cars, yet, these do not rattle or "whine"? If a new car has to be rectified in any way after sale then there is clearly a problem. CRA 2015 / SOGA 1979 "free from minor defects". I would not consider the faults with this car as minor defects. If I was able to provide pictures here to show the way the plastic has separated from the roof (interior,) I dont think anyone would even consider calling it a minor defect. The vehicle should not have to be booked into any garage when the; 30-day-short-term right-to-reject, has been actioned, I am not obliged to permit any attempt at repair at this point and can insist on a refund. The problem is I am being forced to accept a vehicle which clearly has faults and my right to reject within the CRA 2015 is being ignored.

KeithP

consumercarl wrote: »

Thank you for your email. Yes, I can understand what you say. However, How many Nissan pulsars were checked to suggest this is normal? I know several Nissan owners and have even been out in other Nissan cars, yet, these do not rattle or "whine"? If a new car has to be rectified in any way after sale then there is clearly a problem. CRA 2015 / SOGA 1979 "free from minor defects". I would not consider the faults with this car as minor defects. If I was able to provide pictures here to show the way the plastic has separated from the roof (interior,) I dont think anyone would even consider calling it a minor defect. The vehicle should not have to be booked into any garage when the; 30-day-short-term right-to-reject, has been actioned, I am not obliged to permit any attempt at repair at this point and can insist on a refund. The problem is I am being forced to accept a vehicle which clearly has faults and my right to reject within the CRA 2015 is being ignored.

H.M. Courts Service is there to enforce your rights.

DoaM

30 day final right to reject is enshrined in law. Section 19 onwards covers rejection.