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Hire Purchase Agreement - Breach of contract
Dear all,
In 2008 I purchased a Nissan X - Trail via a Hire Purchase Agreement.
In late 2009 I started to encounter problems with the diseal particulate filter (DPF) Initially the dealership addressed the problem and for a couple of months there were no further issues. However, over the course of the next 12 months the car was returned to the dealership for a total of 8 times! Ranging from 3 days to 4 weeks.
I have challenged Nisaan UK and the finance company and on the last occassion had the car inspected by Nissan UK technicians. previously i was informed it was the way I was driving the car. i.e. not fast enough or for a long enough journey.
The technician report highlights that the error codes on the Electronic Control Unit were manually wiped by the technical teams meaning that the filter did not respond correctly resulting in the persistent failure of the engine management system. The car was therefore carrying a fault for a 13 month period of the 36 month agreement. The agreement ends in April 2011.
I feel this is a clear breach of contract due to the fault caused by the technicians at the dealership. On average the fault occurred every 3 months.
For this reason I feel I should pursue a full or partial refund due to the time/effort/cost and inconvenience involved.
If you have any advice this would be most appreciated.
In 2008 I purchased a Nissan X - Trail via a Hire Purchase Agreement.
In late 2009 I started to encounter problems with the diseal particulate filter (DPF) Initially the dealership addressed the problem and for a couple of months there were no further issues. However, over the course of the next 12 months the car was returned to the dealership for a total of 8 times! Ranging from 3 days to 4 weeks.
I have challenged Nisaan UK and the finance company and on the last occassion had the car inspected by Nissan UK technicians. previously i was informed it was the way I was driving the car. i.e. not fast enough or for a long enough journey.
The technician report highlights that the error codes on the Electronic Control Unit were manually wiped by the technical teams meaning that the filter did not respond correctly resulting in the persistent failure of the engine management system. The car was therefore carrying a fault for a 13 month period of the 36 month agreement. The agreement ends in April 2011.
I feel this is a clear breach of contract due to the fault caused by the technicians at the dealership. On average the fault occurred every 3 months.
For this reason I feel I should pursue a full or partial refund due to the time/effort/cost and inconvenience involved.
If you have any advice this would be most appreciated.
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