What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Nissan Pathfinder - Gearbox failed after 5 days fair wear and tear? - mcl896b

Hello again.

Following my recent post vis a vis my Nissan Pathfinder Automatic Gearbox, the saga has moved on. The background is that I bought a second hand Nissan Pathfinder on 8 Nov, sadly the gearbox failed on the 14 Nov.

The dealer took the car back on 20 Nov 14, and I have now discovered he has used the warranty that he sold me to fund repairs of the vehicle. As part of the process the warranty company sent out an engineer to assess the damage. I have not seen his report, however the dealer has told me that the engineer's report states that the failure is down to wear and tear, and therefore the warranty company are unwilling to fund the full repair, offering to pay 50% of the cost.

The dealer called me and informed me that on that basis I would be liable for some of the remaining costs, he quoted me between £300 and £500, but could be higher. He told me this was normal, and to quote, he was doing me a favour since he had no liability in this instance so he was showing good will by offering to pay some of the costs.

I'm relatively unfamiliar with the laws and regulations governing the auto trade business. I don't see why having purchased a car that failed less than a week after purchase, I am now liable for a significant part of the repair bill?

Any advice gratefully received.

Al

Nissan Pathfinder - Gearbox failed after 5 days fair wear and tear? - Falkirk Bairn

How old, how many miles?

Nissan Pathfinder - Gearbox failed after 5 days fair wear and tear? - RobJP

Tell the dealer that he is liable, in full. The law states that he must either repair the car, completely free of charge, or give you a full refund.

Also inform the warranty company that YOU are not making a claim. You have not consented to a claim being made, and will not be consenting to a claim being made. He is trying to defraud the warranty company, and is using you as a patsy to help him in this.

Nissan Pathfinder - Gearbox failed after 5 days fair wear and tear? - pd

There are circumstances where the dealer would not be responsible or an reduction for wear and tear would be reasonable.

However, if I read it right the car cost £8000 and, even with 93k on the clock, I think most would think it "reasonable" that a £8k car unless some sort of exotic or classic last for more than a week.

Therefore I think you are entitled for it to be fixed or offered a refund. If I was the dealer I'd be refunding you and the car in an auction before Christmas.

Nissan Pathfinder - Gearbox failed after 5 days fair wear and tear? - mcl896b

it's a 55 plate with 90K on the clock.