Mis-Sold Car By Company Dealership

xqzmp703

Hi All
In really a frustrating situation and seeking help. Apologies if I sound bit weird as this is my first time posting a questions.

1- I bought a car from a Nissan dealership end of November 2022, with 12 months extended warranty.
2- Start of December 2022, when the car was driven only 1100 miles I got a fault "Auto Start/Stop System fault".
3- Contacted the dealer and they advised me to contact my local Nissan dealer as my warranty covers me going to any Nissan service centre.
4- Contacted my local dealer and they told me they cannot see any warranty details on their system and advised me to raise it with Nissan who also couldn't see details on their system and asked me to contact the Nissan dealership from where I bought the vehicle and cover.
5- Then I contacted the car dealer from where I bought the warranty and they just showed me a screenshot of the information and did not bother to sort out a product they sold me.
6- In the meantime, I noticed dampening in the car and when I started investigating there was massive water being collected under the driving and passenger seat. literally took out half a bucket of water by soaking towels under the seats. It didn't happen initially because I was parking car under a shade.
7- I contacted the dealership from where I bought they car and asked them to return it because it has that big issue which could have caused other damages like corrosion/rust under the carpet and even in electric wiring. They booked me into their service centre and want me to which I am going in couple of days. 
8- My concern is that this car had problem at the time of selling and it's not safe and I did not pay that much money half of which is a bank loan for this trouble. Therefore the dealership should return it and refund me my money. 
9- I also sent them an email stating this is problem at the time of sale and I should be refunded however they don't seem to entertain that fact and just trying to get it fixed.
10- My question is how can I ask for refund it if I dont get proper response from dealership even after they have fixed it. So far they have a very sloppy response and trying to pass the buck to the service centre and pretending it was just a normal fault after the car was sold which will be fixed under my warranty. 
11- In summary, I want to return the car because it is not safe and I know they will not open the carpet and ceiling to see what damage this car had due to this leakage (which nobody knows for how long happening in the car).

Aylesbury_Duck

xqzmp703 said:

Hi All
In really a frustrating situation and seeking help. Apologies if I sound bit weird as this is my first time posting a questions.

1- I bought a car from a Nissan dealership end of November 2022, with 12 months extended warranty.
2- Start of December 2022, when the car was driven only 1100 miles I got a fault "Auto Start/Stop System fault".
3- Contacted the dealer and they advised me to contact my local Nissan dealer as my warranty covers me going to any Nissan service centre.
4- Contacted my local dealer and they told me they cannot see any warranty details on their system and advised me to raise it with Nissan who also couldn't see details on their system and asked me to contact the Nissan dealership from where I bought the vehicle and cover.
5- Then I contacted the car dealer from where I bought the warranty and they just showed me a screenshot of the information and did not bother to sort out a product they sold me.
6- In the meantime, I noticed dampening in the car and when I started investigating there was massive water being collected under the driving and passenger seat. literally took out half a bucket of water by soaking towels under the seats. It didn't happen initially because I was parking car under a shade.
7- I contacted the dealership from where I bought they car and asked them to return it because it has that big issue which could have caused other damages like corrosion/rust under the carpet and even in electric wiring. They booked me into their service centre and want me to which I am going in couple of days. 
8- My concern is that this car had problem at the time of selling and it's not safe and I did not pay that much money half of which is a bank loan for this trouble. Therefore the dealership should return it and refund me my money. 
9- I also sent them an email stating this is problem at the time of sale and I should be refunded however they don't seem to entertain that fact and just trying to get it fixed.
10- My question is how can I ask for refund it if I dont get proper response from dealership even after they have fixed it. So far they have a very sloppy response and trying to pass the buck to the service centre and pretending it was just a normal fault after the car was sold which will be fixed under my warranty. 
11- In summary, I want to return the car because it is not safe and I know they will not open the carpet and ceiling to see what damage this car had due to this leakage (which nobody knows for how long happening in the car).

I can't see that you have grounds to completely reject the car after two months and 1100 miles.  What's unsafe about a leak and a problem with the stop/start system?

Wait and see what their report says.  If the leak is a serious one and has caused further damage, you may have a stronger case but at the moment, rejecting the car seems premature and probably isn't feasible anyway.

born_again

TBH. If you have only done 1100 miles then stop/start will stop working. As it is part related to battery charge level & many other factors.
Even worse at this time of year when you have heating & fans running.

macman

Your right to reject under CRA2015 expires after 30 days from purchase. Did you reject the vehicle in writing within that timescale? If not, you have no right to a refund, and the dealer can offer to repair, replace, or refund-their choice.
Your rights under the extended warranty are contractual, and will depend on the wording of the warranty. But, if it's an insurance based warranty, rather than a manufacturer/dealer one, they are invariably worthless-just a marketing tool.
How is the car 'unsafe'? Can you not just turn off the Auto stop/start function?

MarvinDay

born_again said:

TBH. If you have only done 1100 miles then stop/start will stop working. As it is part related to battery charge level & many other factors.
Even worse at this time of year when you have heating & fans running.

"only done 1100 miles" but that is in the space of a very short time period as the OP stated that they purchased the car at the end of November 2022 and the stop/start failure occurred at the start of December 2022.
Assuming that it wasn't all very short journeys, 1100 miles in that short a time should normally be more than enough to keep the battery fully charged even with heaters and fans going.

Alderbank

born_again said:

TBH. If you have only done 1100 miles then stop/start will stop working. As it is part related to battery charge level & many other factors.
Even worse at this time of year when you have heating & fans running.

I agree, if the battery level is low the stop/start will just not operate and the engine will keep ticking over while you are stationary and that is quite normal.
However the OP says the car shows fault "Auto Start/Stop System fault". The OP might reasonably be concerned that if the system is faulty the engine might decide to stop without warning while driving.

OP, is this amber warning light on all the time or does it just come on occasionally such as when you come to a halt?

xqzmp703

I understand auto start/stop depends on battery but i am getting fault.
My main concern is water leak which I believe it had from first day.
I did not reject within 30 days because didnt notice issue initially and was on holidays whole December.
Dont I have right to reject if a faulty car was sold to me at first place.

xqzmp703

I understand auto start/stop depends on battery but i am getting fault - if battery is low then start/stop is not available. Fault is something else.

However right now, my main concern is water leak each time it rains, which I believe it had from first day.
My worry is we dont know for how long this problem persists and what other damages it has done to the car.

I did not reject within 30 days because didn't notice issue initially and was on holidays whole December.
Dont I have right to reject if a faulty car was sold to me at first place ?

HillStreetBlues

macman said:

Your right to reject under CRA2015 expires after 30 days from purchase. Did you reject the vehicle in writing within that timescale? If not, you have no right to a refund, and the dealer can offer to repair, replace, or refund-their choice.
Your rights under the extended warranty are contractual, and will depend on the wording of the warranty. But, if it's an insurance based warranty, rather than a manufacturer/dealer one, they are invariably worthless-just a marketing tool.
How is the car 'unsafe'? Can you not just turn off the Auto stop/start function?

Won't the Short-term right to reject be paused.
If a person complains of a fault, within 30 days,  the Short-term right to reject should be paused until the fault is repaired.
This gives the person time to inspect the repair and if that person decides if that repair has been unsuccessful then can still reject it.

xqzmp703

HillStreetBlues said:

macman said:

Your right to reject under CRA2015 expires after 30 days from purchase. Did you reject the vehicle in writing within that timescale? If not, you have no right to a refund, and the dealer can offer to repair, replace, or refund-their choice.
Your rights under the extended warranty are contractual, and will depend on the wording of the warranty. But, if it's an insurance based warranty, rather than a manufacturer/dealer one, they are invariably worthless-just a marketing tool.
How is the car 'unsafe'? Can you not just turn off the Auto stop/start function?

Won't the Short-term right to reject be paused.
If a person complains of a fault, within 30 days,  the Short-term right to reject should be paused until the fault is repaired.
This gives the person time to inspect the repair and if that person decides if that repair has been unsuccessful then can still reject it.

Thanks and most importantly my complaint is mis-selling. My main issue is water leakage in the car which can lead to several issues - most importantly safety. And the problem is you can't just drive the car and find it out. You need to leave it outside in the rain to find out that issue. 

eskbanker

xqzmp703 said:

Thanks and most importantly my complaint is mis-selling. My main issue is water leakage in the car which can lead to several issues - most importantly safety. And the problem is you can't just drive the car and find it out. You need to leave it outside in the rain to find out that issue. 

Mis-selling isn't really a helpful term here, unless you can demonstrate that the dealer knew it was faulty and deliberately misrepresented its condition - the main thing to focus on is exercising your consumer rights to achieve a satisfactory resolution, rather than trying to label the sale as mis-selling....