Hi folks
Some of you may recall that we collected a brand new 2.2 dci Columbia edition in March. I'm aware there were problems with the earlier models and that these were rectified.
However, 2 weeks after collecting the car it began to shudder/jerk at any speed and in any gears. This occurs intermittantly and can run beautifully. We have taken it in to Nissan 3 times since then and they claim the car is running "as good as gold" and the computers cannot find a fault. Extremely frustrating.
So we will go back this evening to collect the car and inform them that we are not "legally accepting the car". We have told them this on the phone and as we have a nominal finance deal, we have to do it through them.
I expect this to be a long drawn out saga as well as being painful but we are determined not to accept the vehicle. I have been on the X-Trail group on Yahoo and there are some folks who are also experiencing similar problems with their vehicles so it appears this may be a common fault, once again!
Nissan Finance have tried the bully boy tactics already claiming that it's extremely difficult to seek refunds on new vehicles and that we will need a solicitor. They had a good laugh down the phone about this.
This is one we are determined not to let them win. We are in regular contact with Consumer Direct and Trading Standards who are monitoring the situation.
I was just wondering if anyone else has been in a similar position, whether with the same vehicle or another.
Cheers.
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Sorry - I have not had an experience like this but I wanted to post just to say the best of luck to you.
I think we all need to be more vigilant with this type of problem and demand we get what we paid for.
There was an interesting article on Radio 2 today about consumer rights and they did list the BBC web site and google search on consumer rights as good locations for information.
There have been some new laws introduced lately that suprised me on how well we are protected - but clearly the sellers will dispute as best they can.
Good luck
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If the car is the subject of a finance package, then its the property of the lender, not the owner (check the small print in your contract).
This, I understand, can help because the finance house doesn't want to own a defective car that has no value to them, so are often willing to assist in having the matter rectified.
Might it help to find out which finance house Nissan Finance act as intermediary for, and approach them about it? (Unless, of course, Nissan have established their own house).
Its just a thought, but it may help you in getting satisfaction from your dealer.
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Also just as an education look at Q2 in the FAQ's on this site - if you have not done so already.
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Your have recourse to the dealer who sold you the vehicle regardless of the finance company interest so they have no basis on which to fob you off to Nissan Finance.
Under section 75 of the CCA Nissan Finance is also liable for the goods in the same way as the dealer, but Nissan Finance will expect the dealer to sort it out and in the first instance they will almost certainly tell you that you should take it up with the dealer, but I would always copy in the finance company.
I would keep the finance company informed and tell them that you will not make repayments in the circumstances as you expect the deal to be unravelled. It is this rather than the potential ownership of a defective vehicle that will incentivise them to put pressure on the dealer. They will have indemnity from the dealer in respect of any losses due to the unfitness of the goods and that will put some pressure on the dealer to get support from the manufacturer to take it back.
At the same time as all this is going on I would take it up with Nissan themselves just in case the dealer puts his head in the sand or tries to bully you into giving in.
You might also copy all correspondence BBC Watchdog - everybody does this and I'm not sure it does much good but it won't do any harm either.
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You know that once you legally reject a car under Sale of Goods Act 1979 (as amended), you must stop using it immediately. If you say you are rejecting the car, and continue to use it, it will work against you.
I would cc Nissan GB as well as Watchdog.
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Thanks to all the advice received. The problem we are facing is that it's now obvious we have to hand the car back - it's frustrating that the dealership did not tell us this and I suspect this was done deliberately.
The wife and I now need to decide what to do because we only have one car and if we hand it back we have no transport! We cannot even afford to hire a vehicle, especially as this is likely to drag on for months!
Anyone want to buy an X-trail?!?!
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Time for you to experience the joys of low-capital motoring, aka bangernomics.
Find a car with 6 months MoT and tax and pay no more than £350 inc the tax!
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I agree with local yokel. Find a car with simple mechanicals for a few hundred pounds and run that until this saga is over.
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Hi, how have you gone on? I've got the same problem that has now been acknowledged by Nissan who are working on a fix!!!!!
My Xtrail (new in March) has been in he dealers compound since May awaiting resolution, my dealer advises me that there are many owners in this predicament but as yet Nissan have no date for a solution to it.
In the meantime I have a loan car courtesy of Nissan but it's a poor substitute as my own vehicle depreciates unused.
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Forgoy to add that I have found other owners with the same problem - follow this link www.nissanforums.com/x-trail/120339-2006-x-trail-d...l
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