Bought a faulty car and request a refund within 14 days.
Bought a Nissan Juke tekna from a manufacture brand in Feb 2018. 15k miles 2years old in new condition at £10k, 1 year warranty with Nissan till July 18 then the garage warranty. Checked car and ran it was great. Garage did service and checked it, I got a personal loan and collected the car 5 days later. Got home 14 miles and noticed lots of condensation from exhaust only since it go warm, called garage who said will reply but did not, so called Nissan. They sent RAC to check the car. He said must go to Nissan, took to Bolton Nissan who tested it for 2 days and found no issues, so the garage said the car is fine as Nissan checked. So fault still there and MPG at 23, so did more research and took to another Nissan in Wigan who reset the software to make MPG better, but said needs more testing as engine is not right, told the garage who just say it's got Nissan service left so they must sort it. But Nissan found oil level too high and wanted it put right, in end took back to the garage and they took to Warrington Nissan, 2 days later they found needs new engine at £5830. So I asked for refund as car sold faulty, now only had two weeks but they refused. Due to the garage who serviced last Nissan took longer to get it repaired under the warranty and then had to order the engine so took two weeks, car then took back to the garage, I sent letters to have refund under my customer rights within the 30days.
Director from the garage wanted to meet me, offered free services, like mot and car service for two years, but wanted full refund or min a good compensation value. So left car with them, and asked bank to get a refund as I paid via card, they could not after going through the process. Opened a case with the Ombusman which is on going.
After 4 more weeks the garage still refused to offer any refund. So had to collect the car as I had no transport. Since I have ask the garage to put in writing the offer of free services or in document form but no reply!!.
Send emails to office and director, called director and called garage spoke to service, but no reply about these sevices offered.
I thought it was clear cut, bought a near new car which was sold with a faulty engine to me, so why can they not offer the refund, I do not want a repaired car, as some people would be put off knowing the engine was replaced, and you would feel it's a new engine with Nissan so is under warranty for 1 year, but not the case.
Director from the garage wanted to meet me, offered free services, like mot and car service for two years, but wanted full refund or min a good compensation value. So left car with them, and asked bank to get a refund as I paid via card, they could not after going through the process. Opened a case with the Ombusman which is on going.
After 4 more weeks the garage still refused to offer any refund. So had to collect the car as I had no transport. Since I have ask the garage to put in writing the offer of free services or in document form but no reply!!.
Send emails to office and director, called director and called garage spoke to service, but no reply about these sevices offered.
I thought it was clear cut, bought a near new car which was sold with a faulty engine to me, so why can they not offer the refund, I do not want a repaired car, as some people would be put off knowing the engine was replaced, and you would feel it's a new engine with Nissan so is under warranty for 1 year, but not the case.
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Comments
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You did the right thing in leaving the car with them, and rejecting it.
If they did not accept the rejection, the next step should have been issuing a court claim for the money - since it's going to be over £10k, it won't be a small claim, but since it's going to be <£100k, it can still be done under https://www.moneyclaim.gov.uk
By collecting the car "since you need transport", they have an argument to say that you've accepted their refusal. You're now outside the 30 days, so they have the right to repair. Replacing an engine is a perfectly normal and acceptable repair.0 -
The 30 days period is paused until a suitable remedy has been agreed upon.You did the right thing in leaving the car with them, and rejecting it.
If they did not accept the rejection, the next step should have been issuing a court claim for the money - since it's going to be over £10k, it won't be a small claim, but since it's going to be <£100k, it can still be done under https://www.moneyclaim.gov.uk
By collecting the car "since you need transport", they have an argument to say that you've accepted their refusal. You're now outside the 30 days, so they have the right to repair. Replacing an engine is a perfectly normal and acceptable repair.
OP, if you're serious about rejecting the vehicle then you need to make arrangements for alternative transport, you really cant carrying on using the car.0 -
Fact is the car was rejected within the 30days. The garage telling me the car is there at my own risk and could get damaged!
Then as the Ombusman are now dealing with it I can not allow any other input from another legal service while the Ombusman is dealing, or must stop their investigation first. Now the Ombudsmen have ask the garage to give their side to the matter and maybe this is why the free services and Mot offered is now been removed without telling me.0 -
The supplying dealer has played you.
They will have got the engine replacement free from Nissan, so the replacement engine is of no consequence to them. They've simply avoided dealing with you until you've caved and taken the car back, which could / probably will be deemed as "acceptance"
Engine replacements are not a big thing. These days they just treat them as a unit, rather than try and repair an internal fault.
I suspect you wont get very far with this now0 -
Yes, it was rejected within the 30 days. They refused the rejection. The ball was back in the OP's court to follow up with the rejection through legal channels.
However, instead of launching a claim for the money they owed, the car was collected and put back into use. Like I said - there is an argument to say that this was accepting their refusal.0 -
The garage gave me a loan car while repair was done, but said I must return that car as insurance will be removed! I did leave the car with them a total of 6 weeks, but could not get them to agree on a refund. It's difficult situation when you have spent 10k, and paying car insurance for a car stuck in the garage car park 14 miles away, who say we don't accept any way of looking after your car while it's here so if damaged its not our fault, do I take the risk and continue, the Ombusman told me they are not sided if the car if left there or with me, they will still investigate in the same way.0
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Yes I understand this, it's not a easy situation either way.0
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The garage gave me a loan car while repair was done, but said I must return that car as insurance will be removed! I did leave the car with them a total of 6 weeks, but could not get them to agree on a refund. It's difficult situation when you have spent 10k, and paying car insurance for a car stuck in the garage car park 14 miles away, who say we don't accept any way of looking after your car while it's here so if damaged its not our fault, do I take the risk and continue, the Ombusman told me they are not sided if the car if left there or with me, they will still investigate in the same way.
Ombudsman is an advisory body. Even IF they agree with you the dealer isnt obliged to adhere to the results.
If you take this to court you will most likely loose as you are driving about in the car, which will be deemed as acceptance.
As we've said, an engine change is not as significant as it sounds and wont necessarily change the value of the car - bearing in mind theres a brand new engine in there now and it was all done by Nissan under warranty.0 -
The garage gave me a loan car while repair was done, but said I must return that car as insurance will be removed! I did leave the car with them a total of 6 weeks, but could not get them to agree on a refund. It's difficult situation when you have spent 10k, and paying car insurance for a car stuck in the garage car park 14 miles away, who say we don't accept any way of looking after your car while it's here so if damaged its not our fault, do I take the risk and continue, the Ombusman told me they are not sided if the car if left there or with me, they will still investigate in the same way.
As i said - you were played. Both of those were tactics designed to get you to take the car back, as they know that you taking the car back constitutes acceptance.0 -
Unlike the Sale of goods act, there is nothing in the Consumer rights act that has anything to do with a consumer having accepted goods.As i said - you were played. Both of those were tactics designed to get you to take the car back, as they know that you taking the car back constitutes acceptance.
The SOGA does specifically state that if a someone does anything with goods that was "inconsistent with the ownership of the seller" then it could be classed as them having accepted those goods but under the newer consumer legislation, this is no longer stated.
Even though the OP may have taken the vehicle back, if they can show that they only did this on the insistence of the seller then I would think they shouldn't have a problem with this if the matter came to court.0
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