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What are our rights?

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  • What are our rights?

    I'm going to try keep this as brief as possible! I have no idea where to turn next for advice.

    My husband and i traded in our 10 plate diesel Qashqai+2 for a 15 plate Xtrail in June 2015. The car had to go into the garage in Nov 15 for a DPF region. We were told this had blocked due to our style of driving i.e. we weren't driving enough/doing long enough journeys. We followed the mechanic's instruction of taking it for a 40 min trip on the dual carriage way once per week (no motorways where we live). At the begining of March 2016 the same thing happened. At this point we lodged complaints with the the finance company and Nissan UK, both of which said there was no complaint to answer and we should have been aware of the DPF at the point of sale. Our style of driving was discussed at the point of sale but the DPF wasn't brought up - it"s not something we knew anything about despite previously owning a vehicle fitted with one. We had no problems with the Qashqai and our style of driving hasn't changed over the course of having these two vehicles.

    On the first region and when we were given the advice of the 40 minute trip once per week we argued that this was going to add around 2k miles to the car each year over the 3 year deal - a cost that we would be liable for so we did come to an agreement with the sales manager that they would cover this cost. We are only covered to do up to 18k miles over the 3 years.

    We complained in March to the finance company and Nissan UK. I should probably have mentioned we have the car in a PCP agreement. Finance and Nissan did not uphold our complaint so we took it to the financial ombudsman on the grounds that we were misrepresented at the point of sale. The adjudicator came back to us this week and said said there is not enough evidence to support our complaint.

    Fast forward to yesterday, car went into limp mode and the filter is blocked again. Husband phoned Nissan Assist and the RAC came out to our home. Car has since been dropped off to the dealership and will be looked at tomorrow hopefully - it was booked in in the morning for it's service anyway. RAC said from looking at his diagnostic tool we have done everything correct.

    What are our rights as consumers? Is there anything else we can do or is it a case of paying for the regen every few months (£180) and eventually have to replace it which we understand could cost up to £2k.

    We are a year into the deal and have paid £14,482 so far, the settlement figure is £18,179 and the 50% mark to be in a position to VT is £16,138. I do understand that we can part exchange on a new vehicle or VT and make up the difference but I just feel before we do that i want to have one last go at Nissan doing something for us.

    We have absolutely followed the mechanic's instructions to the letter and it's not made a difference. We are just going round in circles.

    Any advice would be greatly appreciated.
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