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CAR ISSUES - Is cancellation possible?

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  • CAR ISSUES - Is cancellation possible?

    So I bought my partner a new car last year (Nissan Juke) on a PCP 48 month agreement, the car had been working fine until the beginning of this year where the speedometer started to stick and show the incorrect speed, now luckily I was able to take pictures of the fault as it was intermittent and usually resolved it self once the car had been switched off for a while. I called the garage I bought it from and they directed me to Nissan Care who organised a RAC tech to visit and assess the car. Now when he arrived the fault wouldn't show but I showed him the images and he escorted me to the garage to get it fixed.


    This was the 26th May 2017, the garage accepted the car and said they would look into the fault to see if they could recreate the speedo sticking. They called me a couple of days later saying they could not get it to stick so it was fine, I obviously argued the point and emailed the pictures over that I had of the speedo sticking. The garage called me back saying that they had spoke to Nissan and they had accepted that the fault was real and they would replace the speedometer and the part had been ordered and they had a delivery date of mid June 2017. I was fine about that as the RAC had supplied a basic courtesy car until my car was ready.


    I then received a call from the garage a couple of days before the part was due to let me know the part had been delayed and was now due late June, again I was fine with that but a little bit disappointed that it had been delayed. I remained with the basic courtesy car until I could get my car back. Not surprisingly I received another call from the garage at the end of June telling me the part had been delayed again until mid July, I asked why it is being delayed and they did not know why it was the system was telling them that it had been delayed and that is all the information I could get. Again Mid July arrived and I received a call from the garage telling me the part had not arrived and now they don't have a expected date of arrival and they need to take the car that had been supplied by Europcar and swap me into a Juke supplied by Nissan, I was quite frustrated at this point but remained quite civil with the garage and Nissan.


    I received a car from Nissan on the 11th July 2107 which is a similar spec to the one I have bought but its not an automatic, now the reason I bought an automatic is because my partner was born with hip displeasure so she has had numerous operations and driving a manual with clutch irritates her condition and an automatic is more expensive to buy so we are losing out in that way as well. We still have the courtesy car supplied by Nissan and I still don't know when the part for my car will be available, which is beyond a joke as I work in the manufacturing sector and the fact the factory that produces the car is less than 10 mile away and they still can not get a single part delivered is ridiculous.


    I want to know if I can cancel the contract and possibly claim money back as this is getting beyond a joke and they still have the car with no date to when I can pick the car back up, not that I want too do that anymore.

    The car was bought brand new in July 2017, any help or guidance on this matter is greatly appreciated.
    Tags: None

  • #2
    Re: CAR ISSUES - Is cancellation possible?

    Hi and welcome.

    You don't give the date of purchase, but as the vehicle is not fit for purpose (can't be used without a speedometer as it would be illegal), and was not of satisfactory quality (speedometer should last longer than a few months) you are entitled to reject the vehicle.
    It is noted that the trader has failed to repair the fault, although he has had the opportunity.
    There is a statutory right under the Consumer Rights Act 2015 to reject the vehicle
    As you had use of the vehicle for more than 30 days before rejecting it there will be a deduction for use

    You should also notify the finance house you are rejecting the vehicle


    Note you say vehicle purchased last year at beginning of post, then at end state it was purchased July 2017?????

    tagging @R0b
    Last edited by des8; 29th August 2017, 16:43:PM. Reason: query date of purchase

    Comment


    • #3
      Re: CAR ISSUES - Is cancellation possible?

      Originally posted by des8 View Post
      Hi and welcome.

      You don't give the date of purchase, but as the vehicle is not fit for purpose (can't be used without a speedometer as it would be illegal), and was not of satisfactory quality (speedometer should last longer than a few months) you are entitled to reject the vehicle.
      It is noted that the trader has failed to repair the fault, although he has had the opportunity.
      There is a statutory right under the Consumer Rights Act 2015 to reject the vehicle
      As you had use of the vehicle for more than 30 days before rejecting it there will be a deduction for use

      You should also notify the finance house you are rejecting the vehicle


      Note you say vehicle purchased last year at beginning of post, then at end state it was purchased July 2017?????

      tagging @R0b
      Thank you for your reply des8, sorry I purchased the car July 2016 I need to look at the contract for an exact date but it was towards the end of the month when the car sale had been signed. Thank you for spending the time to offer some guidance this has helped me a great deal.

      I also spoke to the dealer today and they can not give me a date for the new speedometer to arrive at the workshop.

      Comment


      • #4
        Re: CAR ISSUES - Is cancellation possible?

        Hello,
        I have contacted Nissan as they still have the car, when I said in the original post I received a car from Nissan in July 2017 I meant courtesy car sorry I should of said. Anyway I contacted my case handler at Nissan and she basically told me that because the car is over 12 month they would not accept the rejection, I did remind her the car was 10 month old when they received it to be repaired but she still said they would not accept rejection as this is the first major fault. I find that ridiculous as they have had the car since May and its now September. My question is do I pursue legal advice now and take this further as the service I have received has been terrible and now im at the point where I just dont want the car and I have lost all confidence in the Nissan service. Also they have not provided me with a date of when the part is actually due in to fix my car.
        Originally posted by des8 View Post
        Hi and welcome.

        You don't give the date of purchase, but as the vehicle is not fit for purpose (can't be used without a speedometer as it would be illegal), and was not of satisfactory quality (speedometer should last longer than a few months) you are entitled to reject the vehicle.
        It is noted that the trader has failed to repair the fault, although he has had the opportunity.
        There is a statutory right under the Consumer Rights Act 2015 to reject the vehicle
        As you had use of the vehicle for more than 30 days before rejecting it there will be a deduction for use

        You should also notify the finance house you are rejecting the vehicle


        Note you say vehicle purchased last year at beginning of post, then at end state it was purchased July 2017?????

        tagging @R0b

        Comment


        • #5
          Re: CAR ISSUES - Is cancellation possible?

          Have any of your dealings been in writing.?
          You purchased the vehicle end of July 2016.
          It became faulty at beginning of 2017, but you only reported it May 2017.
          The fault is speedometer not registering properly, which would make it illegal to drive on the road.
          Nissan admit there is a fault, but are not yet in a position to repair it.

          If the above summary is correct IMO you are in a position to reject the vehicle.
          CRA 2015 makes it an implied term of your contract (A)that the vehicle is of satisfactory quality, (chap 2 sec 9) and that includes durability (3)(e)
          It is self evident that a speedometer should last more than 10 months.
          (B)that the vehicle is fit for purpose (Chap 2 sec 10)
          A faulty speedometer means the vehicle is not fit for the purpose of driving on the road.

          Normally you would need to prove the fault, but Nissan have admitted it.
          You agreed a repair, but that has to be carried out within a reasonable time (SEc 23 (2) (a) which they have failed to do

          What is reasonable depends on the circumstances, a matter of opinion!
          Nissan can make a reasonable deduction for the use you had from the vehicle.

          What the girl said about Nissan's policy does not override your statutory rights.
          You really need to write to Nissan (and the finance house) telling them you are rejecting the vehicle, why and backing it up with reference to the appropriate parts of CRA2015

          Comment


          • #6
            Re: CAR ISSUES - Is cancellation possible?

            Thank you for spending your time to reply, yes the beginning of your reply is true. I do have photographs of when the speedometer was stuck, I have already shown these photographs to Nissan at the beginning bit I will include in the letter. Again thank you for pointing me in the right direction I will post the reply I get back. Have a nice weekend��

            Comment


            • #7
              Re: CAR ISSUES - Is cancellation possible?

              Hello Des8, quick question I have contacted the relevant people (Finance & Cust Service) and sent an email containing my reasons for rejecting the vehicle referring to sections of the CRA 2015. Its has been nearly 2 weeks and we still have not received anything back in response. Shall I email again and do they have an obligation to adhere too in regards to response time?

              Also when I spoke to them on the phone beginning of September telling my case handler I want to reject the vehicle I was then told the part would arrive and be fitted by the 20th September and once again that date has passes and no sign of my car or even an update.

              Comment


              • #8
                Re: CAR ISSUES - Is cancellation possible?

                Write and tell them that enough is enough,
                If there is no response within 7(?) days you will initiate court action.

                Comment


                • #9
                  Re: CAR ISSUES - Is cancellation possible?

                  Thank you again for your advice, ill keep you posted.

                  Comment

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