Can I reject my leased car?

stu2295

I purchased a Nissan Qashqai by Personal Contract Hire in March 2020 and 3 faults occurred over a 3 week period.  First was the unnecessary activation of the Intelligent Emergency Brake (IEB) in June, then an electronic handbrake issue a week later, and lastly a loss of power another week later.  The car was inspected by a Nissan (Chelmsford) master technician after each fault, but no faults were found.  Having lost all confidence in the car’s reliability and safety, I wrote to the dealership to reject the vehicle. The dealership told me to direct my rejection to the finance company as they now own the car.  I rejected the car with the finance company and also advised Nissan Motor (GB), but they both refused to accept the rejection, as no faults had been found and they insisted on a 2nd opinion.  I booked an inspection with another dealership, Nissan (Colchester) and they found a stored fault relating to the distancing sensor, consistent with the 1st IEB fault.  I have advised both the Nissan finance company and Nissan Motor (GB) and reiterated my desire to reject the vehicle.  I have requested a refund of my original deposit and end to the contract (as I believe is my right under the Consumer Rights Act 2015), or a replacement new vehicle at no extra cost, but have not yet received a response from either.  Although I am outside of the 30 day right to reject goods, the car was delivered to me less than 6 months ago, so I wondered what my rights are with regards to rejection or a replacement vehicle?  The 6 months will be reached on 16th September and I am concerned that Nissan are using delaying tactics to take my ownership beyond that date, so as to reduce my rights.  Can anyone help please?  Thank you.

Scrapit

have you rejected it though? Whereabouts on the a12 is it? Take it to the dealers and give them the key to reject it. Keep using it and you havent rejected it.

stu2295

Thanks for your quick response Scrapit. Consumer Advice strongly advised against handing the keys to the dealer because they do not own the vehicle, the finance company do.  My monthly direct debit payments would continue to be taken and I’d have nothing to show for it.  If I stop the dd payments, I could be prosecuted and blacklisted.  I was advised to follow the correct legal protocol, which is to write to the finance company and advise that I wish to reject the car and end the contract.   I’ve done that but they haven’t responded.  I’d now like to know my consumer rights.  If it’s legally acceptable to hand the keys back to the finance company, I’ll do it.

Scrapit

But are you still driving it?

AdrianC

stu2295 said:

I purchased a Nissan Qashqai by Personal Contract Hire in March 2020 and 3 faults occurred over a 3 week period.  First was the unnecessary activation of the Intelligent Emergency Brake (IEB) in June, then an electronic handbrake issue a week later, and lastly a loss of power another week later.

But no faults in the three months before or the two months since?
And you're still driving the car? How many miles had you covered at the time of the faults, and how many to date?

The car was inspected by a Nissan (Chelmsford) master technician after each fault, but no faults were found.  Having lost all confidence in the car’s reliability and safety, I wrote to the dealership to reject the vehicle. The dealership told me to direct my rejection to the finance company as they now own the car.  I rejected the car with the finance company and also advised Nissan Motor (GB), but they both refused to accept the rejection, as no faults had been found and they insisted on a 2nd opinion.  I booked an inspection with another dealership, Nissan (Colchester) and they found a stored fault relating to the distancing sensor, consistent with the 1st IEB fault.

One diagnosed transient fault is not sufficient grounds to reject after five months. What work was done to resolve that diagnosed issue?

Although I am outside of the 30 day right to reject goods, the car was delivered to me less than 6 months ago, so I wondered what my rights are with regards to rejection or a replacement vehicle?

Your rights are that the supplier has a right to repair, should there be a fault that is unreasonable to expect from a vehicle of that age, where the fault can be shown to have been present at the time of sale (the balance of proof is on them to show it was not - and clean diagnostic codes would be acceptable).
If they cannot repair, they have a right to refund or replace at their discretion.
They could choose to replace a 6mo car with a 6mo car - replacing it with a brand new one would be betterment.

The 6 months will be reached on 16th September and I am concerned that Nissan are using delaying tactics to take my ownership beyond that date, so as to reduce my rights.

The only thing that changes at 6mo is responsibility to prove that the fault was present at the time of sale - it moves to you.

Sandtree

stu2295 said:

 I could be prosecuted and blacklisted.  

Debtors prison were all but abolished in 1869 so you cannot be prosecuted for debt. You can be prosecuted for fraud if it is shown the monies were raised under false pretences or if you never had any intention to repay it etc however clearly not the case here.

Inversely  "blacklists" are illegal, directly or indirectly, all the finance company would do is report the factual status of your payments to Credit Reference Agencies and it is then up to other lenders to independently decide if they wish to extend you credit terms or not.

Mercdriver

stu2295 said:

Thanks for your quick response Scrapit. Consumer Advice strongly advised against handing the keys to the dealer because they do not own the vehicle, the finance company do.  My monthly direct debit payments would continue to be taken and I’d have nothing to show for it.  If I stop the dd payments, I could be prosecuted and blacklisted.  I was advised to follow the correct legal protocol, which is to write to the finance company and advise that I wish to reject the car and end the contract.   I’ve done that but they haven’t responded.  I’d now like to know my consumer rights.  If it’s legally acceptable to hand the keys back to the finance company, I’ll do it.

Go back to Consumer Advice and tell them that you aren't getting any response from the finance company.  Better advice that way than here, especially the way one current poster is like.

DUTR

stu2295 said:

I purchased a Nissan Qashqai by Personal Contract Hire in March 2020 and 3 faults occurred over a 3 week period.  First was the unnecessary activation of the Intelligent Emergency Brake (IEB) in June, then an electronic handbrake issue a week later, and lastly a loss of power another week later.  The car was inspected by a Nissan (Chelmsford) master technician after each fault, but no faults were found.  Having lost all confidence in the car’s reliability and safety, I wrote to the dealership to reject the vehicle. The dealership told me to direct my rejection to the finance company as they now own the car.  I rejected the car with the finance company and also advised Nissan Motor (GB), but they both refused to accept the rejection, as no faults had been found and they insisted on a 2nd opinion.  I booked an inspection with another dealership, Nissan (Colchester) and they found a stored fault relating to the distancing sensor, consistent with the 1st IEB fault.  I have advised both the Nissan finance company and Nissan Motor (GB) and reiterated my desire to reject the vehicle.  I have requested a refund of my original deposit and end to the contract (as I believe is my right under the Consumer Rights Act 2015), or a replacement new vehicle at no extra cost, but have not yet received a response from either.  Although I am outside of the 30 day right to reject goods, the car was delivered to me less than 6 months ago, so I wondered what my rights are with regards to rejection or a replacement vehicle?  The 6 months will be reached on 16th September and I am concerned that Nissan are using delaying tactics to take my ownership beyond that date, so as to reduce my rights.  Can anyone help please?  Thank you.

What were the symptoms of the IEB? A false positive (perhaps may too close to the vehicle in front?) 
My friend has a Quashqai and her car is always bleeping but I never known it activate the brakes. My Golf usually may give a false positive if the vehicle ahead is turning left and I'm approaching too quickly (or so it decides) but i the time I've owned the car , perhaps 3 times the brakes may have applied and rightfully so.

stu2295

It slammed on the brake for no reason.  I was driving on a straight road with no vehicles or obstacles anywhere in view.  It turns out over 100,000 Qashqai’s have been recalled for a faulty IEB, plus 1000’s of Xtrails, Leafs and Micras.  I found out that the most recent recall was 2019.  Mine is a ‘20 plate, so it seems the fault has not yet been resolved.

stu2295

Sensible advice Mercdriver.  I contacted Consumer Advice again and they said I must allow the dealership one opportunity to repair the fault.  The finance company have paid me one monthly payment as a gesture of goodwill, but looks like I’m stuck with the Qashqai for the remainder of the contract.  I can’t wait to get rid of it.  Never again will I go near Nissan.

AdrianC

stu2295 said:

Sensible advice Mercdriver.  I contacted Consumer Advice again and they said I must allow the dealership one opportunity to repair the fault.  The finance company have paid me one monthly payment as a gesture of goodwill, but looks like I’m stuck with the Qashqai for the remainder of the contract.  I can’t wait to get rid of it.  Never again will I go near Nissan.

You know these "smart" cruise controls (as with all the major electronics) are all off-the-shelf systems from one of a very small handful of "tier 1" manufacturers? The only input that the actual car manufacturer has is to do any calibration, and that's done in conjunction with the T1's engineers.

The exact same technology from the exact same manufacturer in your Qashqow is going to be in cars from any number of other brands.