Right to reject - Ombudsman

stace879

Hi

I was looking for some advice, I brought a new Quashqi in Jan 2015 to be honest the car was a bit of a Lemon I have no doubt these are good cars but ur going to get an odd one that Isn’t right and I got it. It had new driving chains at 6k miles and a new engine at 16k and numerous other issues with sensor battery etcI tried rejecting it over and over again however Nissan stood firm and told me I had to use the warranty after all that’s what it’s for. My HP contract came to an end in March 2019 and I was left very little choice but to return it the car had been inspected independently in Jan 2019 and still had issues.

I had logged a complaint with the ombudsman when the cars engine was replaced as I wasn’t happy to accept it but was left very little choice.

An adjudicator for the ombudsman has this week ruled in my favour saying Nissan had acted unfairly and I should of been allowed to reject the car. This is where my issue comes in after paying £500 deposit, £2100 part exchange and 36 months of £249 (coming to less than 9k) they have said to Nissan they need to pay my deposit back. I’m not happy with this do I have to accept this? What’s my options I didn’t expect the whole amount back and I expected an amount less wear and tear however I have paid a lot of money out and now have nothing for it. If this was a lease agreement I understand them awarding this but a HP agreement? Any advice is appreciated

Thanks

Nobbie1967

You've paid to have a car for three years and choose not to buy it at the end. I'm not sure you're going to get very far challenging the amount the ombudsman has awarded since a court is likely to regard them as reasonably independent experts.

How long was the car in the garage for? How many times? What courtesy car did you get?

The £500 sounds like a compensation payment for the inconvenience that you would have avoided if they'd accepted the rejection of the vehicle. Do you feel there is more to be compensated for?

stace879

There was 82 emails went into the garage 13 times in three years for works and that’s not including test drives where they said there was nothing wrong. Yes a courtesy car was given every time but there where periods where I was left without a car when I was trying hard to reject the car so they took the courtesy away from me and charged me a storage fee for the car

I don’t think I could of given them any more chances to put the car right and give me what I was paying for

stace879

I was given very little choice not to buy the car with a history like that I was advised legally I could not sell the car on without declaring its issues and tbh i would run a mile for a car with that history.

Yes I do feel more should be awarded hence my question because I have nothing to show for my money through no fault of my own I feel really hard done by this was a car with a serious history of faults

AndyMc.....

After rejecting the car why did you carry on driving it?

stace879

Because they wouldn’t except a rejection they took away the courtesy my mode of transport to get me to work and kids to school, clubs and because they started charging me £25 per day storage why it was on their forecourt

AndyMc.....

So you didn't reject it. Take the offer and move on.

agrinnall

stace879 wrote: »

I brought a new Quashqi in Jan 2015 to be honest the car was a bit of a Lemon I have no doubt these are good cars...

It wouldn't take a lot of research to discover that in fact they are one of the worst cars for reliability. I have a friend who had a very similar issue with his Qashqai but ended up with a new car after rejecting the initial offer of a new engine, although that was only because the dealer agreed to it, Nissan were worse than useless.



From https://www.whatcar.com/nissan/qashqai/hatchback/used-review/n804/advice


Is a used Nissan Qashqai hatchback reliable?


Unfortunately not, judging by our latest reliability survey. While earlier Qashqais performed acceptably, 47% of second-generation diesel models and 46% of petrol versions had problems – a pretty disastrous showing, in other words.

stace879

AndyMc..... wrote: »

So you didn't reject it. Take the offer and move on.

Thanks for your input but that wasn’t my question, my question was can I challenge the adjudicators decision? What are my options? If it’s nothing then it’s nothing!

And it’s noted in the final letter that I had tried rejecting the car 3 times and they refused to accept it. It’s noted they made it impossible for me to reject it there is such strong wording the compensation requested doesn’t seem to fit the 3 years of hell ive had.

stace879

agrinnall wrote: »

It wouldn't take a lot of research to discover that in fact they are one of the worst cars for reliability. I have a friend who had a very similar issue with his Qashqai but ended up with a new car after rejecting the initial offer of a new engine, although that was only because the dealer agreed to it, Nissan were worse than useless.



From https://www.whatcar.com/nissan/qashqai/hatchback/used-review/n804/advice


Is a used Nissan Qashqai hatchback reliable?


Unfortunately not, judging by our latest reliability survey. While earlier Qashqais performed acceptably, 47% of second-generation diesel models and 46% of petrol versions had problems – a pretty disastrous showing, in other words.

I was trying to be polite my experience is not necessaryily anyone else’s and I would of had other people coming back to me saying their Quashqi is the best thing they ever brought I have several friends that say this to me every time mine was rubbish, Nissan where rubbish the dealership where rubbish. I have been pushed to the edge with this car if there is such a thing as corporate bullying I’ve had it. I had RCI, Nissan and the dealership all join forces and all refused to take ownership for this car I pity the poor person who’s currently trying to sell it on but it’s not my problem I have not mislead anyone that’s why I handed the car back I could not live my self if this car ever blew up on someone and caused serious harm

Guys_Dad

Of course you can challenge this. Just do it. Will you win? Probably not but as long as it doesn't cost anything and they can't reduce the award, go for it and let us know how you got on.