Car - Consumer Act

Daisysmum2004

I bought a used car in 2023 and have had problems from day 1. I have repeatedly taken it back to the dealership (now Brayleys, was Westway Nissan Altrincham) but they have said repeatedly that all is ok. I have had independent diagnostics done and it appears to be a problem with the timing chain which is a very common problem with this model, which has been known about since 2017 (so much so that now the cars from that year tend to be advertised as having new timing chains). Not once has this been suggested as an issue by the garage.  I have 6k left on finance and when the timing chain inevitably breaks it will either cost a minimum of 1.5k to replace or could require a new engine -  Brayleys advised that I trade it in and make it somebody else's problem - there are two reasons why I wont do this (1. because I am honest and 2. because I wouldn't trust another used car based on this experience of using a reputable dealer and getting sold a crock).  Anyway, I have formally complained as advised by CAB and the response is that as the dealership is now owned by Brayleys and not Nissan Westway they have no responsibility to engage regarding the claim.  I wonder if anybody has any advice or experience around this.  I have requested a reasonable refund or refit of the timing chain under the Consumer Rights act 2015.  Potentially I have a 6k loan to pay (I have checked with the bank and they can offer no assistance) and no car.
Any advice would be welcome.

Ayr_Rage

"Appears to be" is not much of a diagnosis.

You need to get a proper report detailing the actual fault and if that is related to a known manufacturing issue or premature wear issue then you may have some luck with manufacturer.

How old was the vehicle when you purchased it and had it been serviced according to schedule?

born_again

Daisysmum2004 said:

I bought a used car in 2023 and have had problems from day 1. I have repeatedly taken it back to the dealership (now Brayleys, was Westway Nissan Altrincham) but they have said repeatedly that all is ok. I have had independent diagnostics done and it appears to be a problem with the timing chain which is a very common problem with this model, which has been known about since 2017 (so much so that now the cars from that year tend to be advertised as having new timing chains). Not once has this been suggested as an issue by the garage.  I have 6k left on finance and when the timing chain inevitably breaks it will either cost a minimum of 1.5k to replace or could require a new engine -  Brayleys advised that I trade it in and make it somebody else's problem - there are two reasons why I wont do this (1. because I am honest and 2. because I wouldn't trust another used car based on this experience of using a reputable dealer and getting sold a crock).  Anyway, I have formally complained as advised by CAB and the response is that as the dealership is now owned by Brayleys and not Nissan Westway they have no responsibility to engage regarding the claim.  I wonder if anybody has any advice or experience around this.  I have requested a reasonable refund or refit of the timing chain under the Consumer Rights act 2015.  Potentially I have a 6k loan to pay (I have checked with the bank and they can offer no assistance) and no car.
Any advice would be welcome.

So what was the age & mileage of the car when you bought it? What is it now?
What issues did you have at the time, & why not reject at that point?
Has the car been serviced in the mean time & as per Nissan schedule?

When you mention Bank & finance I take it that this was a simple bank loan to purchase car?

In reality what is the issue you have now, other than worry about timing chain, which is a consumable part anyway. So why not simply get it replaced, for piece of mind.
You have no consumer right to ask them to fund replacement after this time.

DullGreyGuy

You need to identify the legal entity you bought it from, should be on the paperwork and ideally it will have the company number (like a finger print, it's unique to it).  It's then over to Companies House to see what's happened to that company. If it was bought and so just the shareholders have changed and maybe its name, then thats no impediment to you claiming against it. 

Many sales are sales of assets and not companies though, you may find the original company has closed down in which case your consumer rights with the company have gone. 

What sort of finance was it? How much was the car in total? Your rights against the dealer may have been replicated against the finance provider if it was direct finance (ie not a personal loan that you then used to pay the dealer). If S75 or S75A applies the status of the original selling company is irrelevant.

TELLIT01

I'm guessing this is a 1.2 litre Renault petrol engine in a Nissan vehicle.  If so, this is a problem which as been known about for years.  There is a class action being prepared, or possibly already under way in the EU, but still Renault who made the engines are refusing to do anything.  The problem is mainly with vehicles first registered in and before 2015.

Some people have had some success with getting dealerships to contribute to repair costs, others none at all.