Warranty Issues - Terrible Service !

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fejao

Guest
Hi,
People you may remember my previous posts about how my car has this rubbing scrapping noise on startup every morning which goes away when its warm. Well its now the eighth time my car has been into the nissan garage to have it looked at, they have had it a full week this time. Previous to this the car has had two clutch readjustments, 1 clutch release bearing replaced, Bearings in the gearbox replaced and now its had the full clutch changed, the gearbox redone and some phospher bronze bush replaced and still the fault is there and worse, instead of going away after a 5 secs after startup it now contines for about 10sec and can be heard while driving, which it never did before and is worse in reverse gear!

My warranty expires in two months and nissan have basically said to me that they cannot find the fault and they dont think its doing any harm to the car, how can they say this if they cant find the fault. They have said to me that they have put it on file that I am having this problem and if in the future it becomes a problem they will fix it free of charge. I dont believe them, as I think they have spent a load on trying to fix it and if they cant fix it now, I am sure they wont spend the money on it free, when out of warranty even if they say they will. I think I am getting fobbed off.

Does anyone know what my rights are in regards to this situation? I still have two years left on the finance agreement and I am a student, I dont want to be left with a car out of warranty, knackered and still having to pay for it. I think eight times into the garage and the fault is still not fixed is not good customer service and not satisfactory. Can I return the car or ask for a replacement? Can I demand that they fix the car before the warranty expires? What are my rights? I hope someone knows, advice would be appreciated.

Fejao x
 
Have you asked them if you can swap the car? As you say if they admit there is a fault they should fix it.

Have you spoken to the manager? If this is no good perhaps you could go higher up?

You could also contact the http://www.citizensadvice.org.uk/winnn/

And see what they have to say about it...
 
Well I have had the car 10 months and the fault has been reported about six months ago. I have not asked about a replacement, however its always been the service manager who I have been dealing with, he is the one who is fobbing me off. My mother knows one of the sales executives and she is going to get advice off him tomorrow, then I shall probally contact CAB and then speak to the general manager. So does anyone know of specific rights I have, trading standards website, the rights look fairly broad.

Trading Standards

Fejao x
 
You are intitled to a Refund, Repair or Replacement. Turn up wit ur car, say u want them to find the fault, if unable to find the fault u are intitled to a refund r a replacement, be nice and let them choose, im sure u will be happy either way! :p
 
"If this does not happen or the repair or replacement is not possible, then the consumer can rescind the contract (claim a refund) or request a reduction in purchase price."

There ya go, straight from the LAW!

It also says that the burden of proof is on u coz its gone longer than 6 months, this means u hav to prove dat there is actually something wrong with the car, this however, has already been done for u by Nissan because they took the car in and tried to fix it, if there is no fault would they try to fix it at their expense? If ur not ars*d wit goin thru all this just ask for a written guarantee for the car for another 12 months, if they dont giv it to u, ur gona hav to go thru all the legal battles to save urself incase anytin duz actually go wrong with the car and like u sed
fejao said:
I still have two years left on the finance agreement and I am a student, I dont want to be left with a car out of warranty, knackered and still having to pay for it.

Fejao x
good luck!
 
Thanks Kev, I really appreciate your contribution. Well am off to see CAB tomorrow, then possibly talk to the general manager.

Fejao x
 
Hi,
Kev looking at the trading standards website, it seems that if the fault was reported within six months of owning the car

" Note that if the fault develops in the first six months of you owning the car, it is up to the seller to prove it was not faulty when they sold it to you."

I am sure this fault was reported away back in July, four months after getting the car.

"If the car cannot be economically or properly repaired, you will be able to claim the other remedies described above or compensation, but this may not be the full cost of the car as all the circumstances have to be taken into account in arriving at a figure for 'reasonable compensation'."

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0003-0100.txt (Scots Law)

Fejao x
 
Just want to add that Nissan eventually fixed the fault with my car. They found that some y/wishbone shaped shifter in the gearbox (not totally sure what they were talking about lol) was resonating when cold, they replaced it and the problem is sorted, well that was after a new clutch, gearbox bearings and a few other things.

Fejao x
 
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