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  • FIRST POST
    • Borgy
    • By Borgy 16th May 18, 8:20 AM
    • 15Posts
    • 0Thanks
    Borgy
    Bought a faulty car and request a refund within 14 days.
    • #1
    • 16th May 18, 8:20 AM
    Bought a faulty car and request a refund within 14 days. 16th May 18 at 8:20 AM
    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.
Page 1
    • AdrianC
    • By AdrianC 16th May 18, 9:28 AM
    • 19,098 Posts
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    AdrianC
    • #2
    • 16th May 18, 9:28 AM
    • #2
    • 16th May 18, 9:28 AM
    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.
    • neilmcl
    • By neilmcl 16th May 18, 9:47 AM
    • 11,995 Posts
    • 8,735 Thanks
    neilmcl
    • #3
    • 16th May 18, 9:47 AM
    • #3
    • 16th May 18, 9:47 AM
    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.
    Originally posted by AdrianC
    The 30 days period is paused until a suitable remedy has been agreed upon.

    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.
    • Borgy
    • By Borgy 16th May 18, 9:51 AM
    • 15 Posts
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    Borgy
    • #4
    • 16th May 18, 9:51 AM
    • #4
    • 16th May 18, 9:51 AM
    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.
    • motorguy
    • By motorguy 16th May 18, 9:51 AM
    • 17,854 Posts
    • 10,895 Thanks
    motorguy
    • #5
    • 16th May 18, 9:51 AM
    • #5
    • 16th May 18, 9:51 AM
    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 now
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • AdrianC
    • By AdrianC 16th May 18, 9:56 AM
    • 19,098 Posts
    • 17,503 Thanks
    AdrianC
    • #6
    • 16th May 18, 9:56 AM
    • #6
    • 16th May 18, 9:56 AM
    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.
    • Borgy
    • By Borgy 16th May 18, 9:59 AM
    • 15 Posts
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    Borgy
    • #7
    • 16th May 18, 9:59 AM
    • #7
    • 16th May 18, 9:59 AM
    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.
    • Borgy
    • By Borgy 16th May 18, 10:01 AM
    • 15 Posts
    • 0 Thanks
    Borgy
    • #8
    • 16th May 18, 10:01 AM
    • #8
    • 16th May 18, 10:01 AM
    Yes I understand this, it's not a easy situation either way.
    • motorguy
    • By motorguy 16th May 18, 10:05 AM
    • 17,854 Posts
    • 10,895 Thanks
    motorguy
    • #9
    • 16th May 18, 10:05 AM
    • #9
    • 16th May 18, 10:05 AM
    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.
    Originally posted by Borgy
    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.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • motorguy
    • By motorguy 16th May 18, 10:07 AM
    • 17,854 Posts
    • 10,895 Thanks
    motorguy
    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.
    Originally posted by Borgy
    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.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • George Michael
    • By George Michael 16th May 18, 10:56 AM
    • 3,218 Posts
    • 4,315 Thanks
    George Michael
    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.
    Originally posted by motorguy
    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.
    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.
    • motorguy
    • By motorguy 16th May 18, 11:39 AM
    • 17,854 Posts
    • 10,895 Thanks
    motorguy
    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.
    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.
    Originally posted by George Michael
    Its hard for the O/P to say they've "rejected" it, if they're still driving about in it.

    Rejected = at very least, put beyond use.

    Therefore its not rejected.

    Thats the issue at hand.

    Also "acceptance" as per the original SOGA wasnt linked to "rejection". Acceptance was merely the fact you'd had the item for a period of time.
    Last edited by motorguy; 16-05-2018 at 11:50 AM.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • shaun from Africa
    • By shaun from Africa 16th May 18, 12:18 PM
    • 10,420 Posts
    • 11,753 Thanks
    shaun from Africa
    The problem with rejecting a car outright is that for many people, that car may be their only way of getting about so rejecting it and not getting a replacement or refund within a reasonable time simply may not be feasible.

    Personally I don't think that continuing to use a car after you have officially rejected it should cause too much of a problem because when it comes to the trader refunding you, they are legally allowed to make a deduction from the refund to cover the use you have had from that vehicle so if you keep using it after rejection, the final refund can take this usage into account. (provided that the rejection is after the first 30 days from purchase)
    • k3lvc
    • By k3lvc 16th May 18, 1:36 PM
    • 2,427 Posts
    • 4,034 Thanks
    k3lvc
    Was the car purchased under the Nissan Approved Used scheme giving 30days/1000 miles exchange promise ?
    • Borgy
    • By Borgy 16th May 18, 7:08 PM
    • 15 Posts
    • 0 Thanks
    Borgy
    No through a third party garage with Nissan warranty till July then with their warranty to finish the year.
    • forgotmyname
    • By forgotmyname 17th May 18, 12:15 AM
    • 27,972 Posts
    • 11,364 Thanks
    forgotmyname
    Your rejecting a car thats going to have a brand new engine not thrashed or abused by a previous keeper?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • Borgy
    • By Borgy 17th May 18, 5:49 AM
    • 15 Posts
    • 0 Thanks
    Borgy
    Yes it has a new engine and looked after. Issue is with any item, are two points. 1. This car has a 1.2 turbo petrol engine, same fitted in other cars by Nissan and seems that other people have had a replacement engine after a year or so and one still had faults after so if the fault is with the cylinder manufacturer and installation as some reviews say I could still get a fault down the line.
    2. Selling the car on to a new buyer, so would the description bring new buyers or not and reduce the car price. Nissan Juke Tekna 1.2 petrol, 16k miles but just had a new engine fitted due to a cylinder fault but is working fine now? Will this have a effect on the sale!!
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