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Engine issue after 2 years ownership

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  • Engine issue after 2 years ownership

    Hi,

    After some much appreciated advice if possible, sorry there is a fair bit to read through !

    I purchased a Nissan Qashqui 2 years ago on pcp finance.
    The car was 3 years old, had covered 18k miles and condition was very good.
    Within those 2 years I have covered 17k miles and always had the car serviced on the schedule as set out by the manufacturer at the dealership group where the car was purchased from.

    Fast forward to March, my car went in for its annual service, service came back all was clear with the car. After a couple of days after the service, (car had not even covered 100 miles), I noticed a knocking noise coming from the engine area.
    I spoke to the dealer ship and booked this in for an inspection.
    The car was returned on the 22nd march, to the dealership.
    I collected the car later that day, upon collection I was told the car needed a new engine, but not to worry as Nissan had extended the warranty to 5 years and they had already been notified, as a Nissan representative was on site that day.

    They said wanted to book it in, for further tests to ascertain what had caused the issue and the car was currently still ok to drive, (it was noisy and burning excessive oil, but wouldnt pose further faults).

    The earliest they were able to book this in, was the 1st of april, due to no available slots or courtesy cars.

    I returned the car on the 1st of april, was given a courtesy car to use for 5 days, to give them time to get the parts ordered and repair completed.

    On the evening of the 1st april, the service manager contacted me, as he said it would take several days for nissan to authorise the repair and didnt want me to have the inconvenience of a smaller car, why they resolved who was paying for the repair, the dealership or the manufacturer.
    So on the 2nd april I collected the car and was told they would contact me in a couple of days to book the car back in .

    After hearing nothing further over the next couple of days, I contacted them on the 5th april, to be told Nissan would only authorise 25% of the engine cost and if I wasnt happy with that I would need to contact nissan customer services. The car was now out of warranty, which finished on the 31st march.

    I contacted Nissan, explained I had brought the car in well within the warranty coverage and i had also been told, (verbally unfortunately), that they were made aware of this when it was originally brought in on the 22nd march. The customer service rep, said she would speak to the dealership and let me know the outcome.

    After 3 days of hearing nothing, I contacted Nissan and was told they were still trying to get in touch with the dealership.

    I contacted again twice, but now the customer service rep, was never available and never returned my calls, this went on for a further week.

    Still hearing nothing, around 6 weeks ago, I contacted the finance company, RCI, who had sold me the PCP lease and in my letter explained in detail all the facts, with mention of the goods act of 2015, asking for them to either refund, replace or repair.
    I was allocated a case manager, who contacted me within a couple of days and also received in writing confirmation they had received my complaint, re-iterating they have 8 weeks to deal with my request.

    The case manager informed me Nissan were just trying to get sign off from a higher authority for the engine replacement.
    While speaking to the case manager, the illustrious nissan cs rep left a message on my phone, validating what had been said, with 'she needed a director to get this signed off, as the value was too high for her authority'.


    I heard nothing further for 2 weeks, again I wrote to RCI, the finance company, asking them which of the 3 options were they going to give me, a refund, a repair or replacement.
    I also spoke to the Dealership, to see if Nissan had contacted them. The dealership said he would chase them, as he didnt understand why they were taking so long to deal with this, as it was only a day out of warranty.
    At this point I reminded him, the car had been brought in on the 22nd march and by his own staffs admission, Nissan had already been told that there was an issue with the car. He then went on the system but said he couldnt see a record of me bringing the vehicle in prior to the 1st april. I fortunately have receipts to prove otherwise, but now it seems to be a little clearer as to why Nissan where shirking on their warranty agreement.

    Fast forward 2 days forward, the dealership contacted me, Nissan had agreed 100 % on the part, however it would be up to me to pay the labour.

    The following day, Nissan contacted me and validated what I had been notified of.

    This was around a week ago, I have not had any further contact from any of the parties, including the finance company.

    Am I right to carry on pursuing the cost of the repair to also be covered by one of those parties, (it feels like I should be).
    Or should I wait for the 2 weeks remaining on the 'we have 8 weeks to respond', to see if the finance company will come up with anything else.

    My case manager has been poor at updating or contacting me throughout the process, so I wouldnt be surprised if I dont hear from her firming up what is being paid for.

    So in summary, engine requires replacement at 35k miles, still under pcp and 5 year old car owned by me for 2 years.

    Many thanks

    Phill
    Tags: None

  • #2
    Phill, your claim would be against the Finance company, as they are the owners of the vehicle and are hiring it to you under the PCP.

    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Thanks Pat

      sorry I forgot to mention, I raised this with the finance company 6 weeks ago.
      latest update is, I have received a survey from the finance company on how well they have handled my request!
      i had no communication bar one email and one call to say they were chasing the manufacturer. After responding to their survey the case manager has contacted me to inform me they are trying to Contact the manufacturer and as it had only been brought to their attention today (I notified them 6 weeks ago, they had 8 weeks to reach a resolution after which time they would notify the ombudsman).
      i am tempted to remind them of when the initial mail went but should I be doing this or should I wait for 2 weeks and then notify the ombudsman myself?
      obviously putting their latest communication in my detailed email to them ?

      regarda

      phill

      Comment


      • #4
        Originally posted by Jakedapeguk View Post
        Thanks Pat

        sorry I forgot to mention, I raised this with the finance company 6 weeks ago.
        latest update is, I have received a survey from the finance company on how well they have handled my request!
        i had no communication bar one email and one call to say they were chasing the manufacturer. After responding to their survey the case manager has contacted me to inform me they are trying to Contact the manufacturer and as it had only been brought to their attention today (I notified them 6 weeks ago, they had 8 weeks to reach a resolution after which time they would notify the ombudsman).
        i am tempted to remind them of when the initial mail went but should I be doing this or should I wait for 2 weeks and then notify the ombudsman myself?
        obviously putting their latest communication in my detailed email to them ?

        regarda

        phill
        Hi Phill,

        Its Paul btw, PT2537 was my old uni username, PT stands for my initials haha. Anyways, the FOS is a lottery, if you have your case well prepared then the FOS may be able to resolve this but i have seen some shocking FOS decisions when dealing with cars, for example a case once where the customer brought say a Ford Mondeo, when she went to collect they gave her a Ford Focus, and the FOS concluded there was no breach of contract. I had to threaten them with a Judicial review and then they changed their view.

        You have nothing to lose with the FOS though, if they dont support you, then you can still take a claim through the Courts.

        I wouldnt remind them of what they have to do, they will be aware of their obligations i dont think you need to remind them any more.

        Cheers

        Paul
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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