Criteria for Legal Advice....
Hi All,
Just looking for some advice on whether this service will cover my query....
I have a 2014 Nissan Qashqai with only 51,700 miles - was purchased 2017 with 14,272.
Nissan are suggesting 'engine is failing internally' but have allowed me to drive it away - runs fine, just knocking under load.
Their warranty is 3 years/60,000 miles but on link below reads 'until 60,000 miles!
Given that most searches suggest these 1.5dci engines are good for 150k miles (although there are some reports of main/con rod bearings failing) & that mine hasn't reached their 60k, is there an argument for a replacement at their expense?
All services have been Nissan Dealerships.
Nissan Customer Promise:
So, whether you are an existing Nissan customer, whether you bought your car new or used, there’s no time limit on how long you can enjoy the benefits from our promises. That is our promise.
https://www.nissan.co.uk/ownership/customer-promise.html
I have raised a complaint & await their response (although I'm not too optimistic).
Any feedback would be welcomed.
Many thanks
Paul (Kasspa)
Comments
-
Why not ring the club's legal dept and ask them, K?
0 -
I would say you are not covered. It should be 3 years or 60K, whichever comes first.
Is the knock under load only noticeable on a cold engine.
My previous diesel Touran and Yeti both knocked from new under heavy acceleration or load. This only happened when the engine was cold. It was a little like pre-ignition/pinking like experienced on petrol engines. I sold the Touran with 80K on the clock and no mechanical issues. The Yeti was sold with 40K on the clock and also no issues.
Colin
0 -
Hi Colin, yes that's my interpretation, however a smart lawyer maybe able to challenge the 'until 60k miles'.....
From cold & when idling, sounds perfect, nothing like what you'd expect from a diesel engine & isn't a heavy 'big end' sound, so I'm leaning towards con rod where it connects to pistons....
Still showing high 50's mpg + it's zero road tax
If it's a known fault, it would make my case stronger.
I'm awaiting a response back from Nissan, as I've requested a 'gesture of goodwill' towards the cost..... £8156 which I obviously won't pay on an 8 year old vehicle despite it being a well 'specced' one.....
Cheers for input
Paul
0 -
I read Nissan words as a 3 year warranty or until 60,000m i.e. if the vehicle reaches 60,000m before 3 years time limit then the warranty ends.
0 -
I know that is how it is supposed to read but I'm hoping a good solicitor may 'interpret' that differently as it is very open to interpretation.....
Quite shocking that a vehicle can't get to that 60k regardless of time!
I've had 3 cars in 42 years prior to this so I think they were maintained & driven respectfully.
Awaiting a call back from CAMC Legal Dept now.....
0 -
Update:
Had a call from Legal Dept advising to send a "letter before action" to supplying dealership.
Under Consumer Rights 2015 Legislation items need to be 'fit for purpose' & of 'satisfactory quality'..... obviously there's an argument there due to age but mileage covered!!!!!
I may also need to get an independent report.
However, I also received a call back from case manager regarding my claim who has spoken to service advisor at Nissan (but still wants to speak with Service Manager) who stated that a new engine was recommended as the cost of stripping down the original to try & ascertain the fault would cost the same.....
I await further info & offer of goodwill.
Getting an independent report could arrive at the same conclusion could it not? Inconclusive as to the fault
I'm going to wait for a response from Nissan before I send the aforesaid letter in the hope that it may be an acceptable % of contribution on their part.
Will update again on final outcome.
At least we can start enjoying our motorhome again soon with the increasing daylight hours & Spring on it's way.....
Cheers
0 -
There is a statable argument that the vehicle is not of satisfactory quality. My advice would be not be to send a letter before action YET. You need to engage fully but firmly with the supplying dealer seeking to persuade them to provide an acceptable solution. You may be able to get free technical advice from say the RAC if you are a member. You need to asking them what "failing internally" means. Put these communications in writing (e-mails are fine).
I had a problem with my last van clearly defective suspension problem entirely with warranty. Supplying dealer wanted £1000+ to remove and replace suspension parts "which were wearing parts" and not covered by warranty. Totally unacceptable and legally wrong response but dealer (as opposed to the convertor who was superb) totally refuse to budge and manufacturer was also unhelpful and arguably dishonest quoting non existent warranty wording. In the end a friend who had a professional garage stripped the suspension down, corrected an assembly issue and reassembled to two hours labour.
So don't trust the dealers "replace the engine" response. It may be just their way of side tracking the problem and avoiding workshop labour at your expense. If you were to sue you would need some credible qualified technical information to back up the claim that the vehicle is unsatisfactory. At present the whole thing is just too vague. If you get to the point that neither dealer nor the manufacturer will move then you need to persuade them credibly that you mean business and a letter before action may at least get their attention and encourage them to try a bit harder. As a rule of thumb it may not be worthwhile suing for the sums involved but I hope the above will help.
0 -
Hi BVM,
Many thanks for your input.
Interesting comments as I've received an email this afternoon from Citizens Advice with links regarding a used car & if purchased from a dealership you have 'legal rights' for up to 6 years (5 in Scotland).
But only if you can show that you didn't cause the fault.....
I think the NOT 'fit for purpose' & 'of satisfactory quality' goes without saying after 51k miles!
I purchased the vehicle from Nissan in Yeovil, however it is Nissan in Bedford who have identified the 'engine is failing internally', so not sure if I could use their 'expert' opinion in a claim against the supplying dealer as I have their written report + an invoice as I paid to have a 'Diagnostic Check'..... what an interesting scenario that would be!
Nissan Bedford have said that the cost of 'stripping' the engine down to identify the defect & put right would cost the same as a replacement engine, hence the recommendation to replace.... yes of course it's the easy option for them.....
I'm going to wait until I hear back from Nissan since I have already raised a complaint & have an ongoing case number before contacting the supplying dealer.
I'll contact RAC but my cover with them is a free one provided by Nissan as part of the deal of using the dealerships for servicing, not sure if I'll qualify for technical advice....
0 -
Thanks Kaaspa.
It may be helpful if I comment on the your observation "you have 'legal rights' for up to 6 years (5 in Scotland)." just in case there is a misunderstanding.
As a matter of general law there are various rules about time limits in relation to claims. These are complicated (and I won't attempt to fully explain them for England or Scotland). However what I am clear about is that the 6 year time limit you refer to is a time limit for raising a court action. In other words if you continue with this claim and it is not resolved you have 6 (5) years to bring the matter to court. If you fail to do that within the time limit then your claim is likely to be time barred. The clock would most likely start when you knew you had a claim.
So the time period is a time limit for enforcing your rights not a measurement of the length of the rights themselves. You may already have appreciated that but I hope this makes it clear.
0 -
Update:
So to close this out, after writing to supplying dealership & the Comms Director, I received an email from the MD's team.....
Maximum 'Gesture of Goodwill' they are willing to offer is 50% on parts but I would be liable to all labour charges + VAT.
That still leaves me with a bill in excess of £5k which is only 36% of the total cost.
A local garage has said that injector 1 is showing a 10% fall & he would consider that as an impending failure although he would have preferred seeing it at 15%, the only reservation he has is there is no smokey exhaust..... I'm going to take a 'hit' & get it tested in the hope that this is the problem, if not will get the local garage to supply & fit a remanufactured engine with a saving of + £2k on Nissan or Get Rid.....
0 -
You got something from them, Kasspa, even though it’s not what you ideally hoped to hear. Well done on pursuing the issue as far as you have.
0 -
Awaiting my car back..... went the independent garage route via a remanufactured engine as I saved a further £1800 on Nissan's 50% contribution offer.....
Evidently, all 4 top end shells were worn!
0 -
Only just seen this thread but glad to see you got more than you were originally offered after getting the independent report.
I was going to comment on this bit of one of your posts:
I purchased the vehicle from Nissan in Yeovil, however it is Nissan in Bedford who have identified the 'engine is failing internally', so not sure if I could use their 'expert' opinion in a claim against the supplying dealer as I have their written report + an invoice as I paid to have a 'Diagnostic Check'..... what an interesting scenario that would be!
I had a something similar happen with a Hyundai. Following a routine service the car was left on the drive for a few days in freezing temperatures (important). We then went off with the caravan to a C.L. near Harrogate and a warning light came on very close to the C.L. Long story short the servicing Hyundai garage had nicked a brake pipe when taking servicing the vehicle causing the brake fluid to slowly drain out, and a local Hyundai dealer spotted the new hammer damage and sent photos to the original garage and had a lengthy conversation with them stating that the servicing garage was at fault. They eventually agreed to pay for all damage and labour so the the "All pals together" didn't apply in this scenario. I was very pleased with the Harrogate dealer as we aren't local and he nothing to gain from his actions. The heavy frosts probably stopped the brake fluid from draining out for the 3 days it was sat on the drive after service.
I'm glad that you pursued the claim and seem pleased with the result.
0 -
Hi Wherenext,
I didn't give Nissan the work, my savings were by using the independent garage.....
Nissan originally quoted £8156
50% discount on parts 'only' + a new clutch whilst engine out, my costs £5,550
I'm paying £3,750..... still too much but the alternative was get rid & spend + £10k more on another vehicle of similar spec & mileage....
I'm told the concentric slave cylinder was leaking also, so another imminent failure was on it's way.....
Fingers crossed, it will now serve me well, when I get it back!!!!
0
