Editor's Blog7 mins ago
Used car defect
2 Answers
We purchased a used car from Nissan last year. After we purchased it I noticed that 4 of the elements on the heated rear screen looked a different colour from the others. It was only when I tried to use the heated rear screen in Jan this year, those 4 elements were damaged and didn't defrost part of the screen. I reported to Nissan who suggested I had damaged it after purchase which was not the case.I pursued the matter and in April they agreed to try and make a claim under the cars warantee. I didnt hear back from Nissan and when I took my car for service in October and chased again, only then they told me the claim was unsuccessfull and Nissan wouldnt do the work under warranty. After further discussion they said they would repair the screen at their cost rather than replace it.This was attempted last week but repair failed and not only does the same part of the rear screen not work, it now looks obvious where a badly attempted repair has been made. Nissan have returned th car but won't agree to replace the screen even though their poor repair has made it worse.
Do we have any legal rights here...surely by their own admission, the fact they offered to repair they have taken this defect as their responsibility? Can we get someone else to do work and invoice Nissan based on them making it worse?
Do we have any legal rights here...surely by their own admission, the fact they offered to repair they have taken this defect as their responsibility? Can we get someone else to do work and invoice Nissan based on them making it worse?
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.By attempting a repair they accept that it is their problem. Write to them first explaining what you require and giving them a reasonable time say 1 month, to respond and repair, also mention that if they do not repair the screen in the allotted time you will be getting it fixed yourself and then reclaiming the costs via small claims. Keep all the paper work relating to this and also the paperwork relating to the attempted repair.
If you as an individual purchased the vehicle from a business your main protection is the Sale of Goods act 1979 as amended, your difficulty is going to be the length of time it took for you to report the fault to the supplier. You would be expected to return the faulty item within a reasonable time; English law likes reasonableness, which it does not define, look at Bernstein v Pamson Motors 1987, which may now not be considered good law due to appeals. I know you did not need to use this aspect of the vehicle until January of this year but the supplier may argue you accepted the vehicle as it was, and they have tried, without success, to repair.
I suggest you follow the advice given by KA asking them to respond within the reasonable time of one month, if they do not, have the repair done elsewhere and send them the account to settle, and if they will not settle start action.
I suggest you follow the advice given by KA asking them to respond within the reasonable time of one month, if they do not, have the repair done elsewhere and send them the account to settle, and if they will not settle start action.
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