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Nissan cared4 warranty rejected claim

I have bought a used 2009 Nissan Qashqai 2.0 petrol CVT automatic car from the Nissan dealer back in mid of June 2012 which also came with Nissan extended warranty for next 12 months as Nissan cared4 warranty (by carcareplan).

Now, in early November 2012 (less than 6 months from purchased date) engine prematurely failed and could not come back up. End up towing it to the local Nissan dealer to have it fixed as it was under the warranty. But to my shock, warranty assessor has rejected the claim because he believes that two piston’s rings came off and got stuck to head because whole engine is badly carbonated in the first place which is class as not a mechanical fault.

I am not expert in this business, but still for 4 year old petrol car with 39415 miles on the clock should not have developed this fault at this age which would require a major work with the engine. Surely there is underlying fault here?

I have pursued the seller and told them about the situation but according to them they have provided me road worthy car with the warranty and will not be liable for this fault.

First of all, Is it worth getting engine rebuild as I have fear that this might come back and hunt me if they did not find a fault in the first place and put whole blame on the carbonated head?

Secondly, Should I pursue a legal route to get seller or warranty company or Nissan UK to pay for the repair bill? Do I even stand any chance?

Any advice would be appreciated.

Regards,

Asked on 23 December 2012 by user1998

Answered by Honest John
Either the dealer who sold you the car or the warranty company is directly liable, the dealer because he not only sold you a defective car, he sold you a defective warranty. So tell him to fix the car entirely free of charge to you, whether or not he can ger any help from Nissan, and tell hi if he doesn't you will take the matter to the small claims track of the county court. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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