Criteria for Legal Advice....

Kasspa replied on 31/01/2022 20:51

Posted on 31/01/2022 20:51

Hi All, 

Just looking for some advice on whether this service will cover my query....

I have a 2014 Nissan Qashqai with only 51,700 miles - was purchased 2017 with 14,272.

Nissan are suggesting 'engine is failing internally' but have allowed me to drive it away - runs fine, just knocking under load.

Their warranty is 3 years/60,000 miles but on link below reads 'until 60,000 miles!

https://www.nissan.co.uk/ownership/nissan-car-warranties.html?cid=psm_afts_cmid=12815088708_grid=121463443116_adid=572816150283&gclid=Cj0KCQiArt6PBhCoARIsAMF5wajYnBWiBRdIiF5dannO1KwxeQMGCDP0E7T5ClM11Myed6MbDCRtAdAaAiZMEALw_wcB&gclsrc=aw.ds

Given that most searches suggest these 1.5dci engines are good for 150k miles (although there are some reports of main/con rod bearings failing) & that mine hasn't reached their 60k, is there an argument for a replacement at their expense?

All services have been Nissan Dealerships.

Nissan Customer Promise: 

So, whether you are an existing Nissan customer, whether you bought your car new or used, there’s no time limit on how long you can enjoy the benefits from our promises. That is our promise.

https://www.nissan.co.uk/ownership/customer-promise.html

I have raised a complaint & await their response (although I'm not too optimistic).

Any feedback would be welcomed.

Many thanks

Paul (Kasspa)

Kasspa replied on 31/01/2022 21:31

Posted on 31/01/2022 21:31

Only thought of it tonight TW.... I guess it comes under 'motoring'.....!

Will be on it 1st thing tomorrow wink

eribaMotters replied on 31/01/2022 21:41

Posted on 31/01/2022 21:41

I would say you are not covered. It should be 3 years or 60K, whichever comes first.

Is the knock under load only noticeable on a cold engine.

My previous diesel Touran and Yeti both knocked from new under heavy acceleration or load. This only happened when the engine was cold. It was a little like pre-ignition/pinking like experienced on petrol engines. I sold the Touran with 80K on the clock and no mechanical issues. The Yeti was sold with 40K on the clock and also no issues.

 

Colin

Kasspa replied on 31/01/2022 22:27

Posted on 31/01/2022 21:41 by eribaMotters

I would say you are not covered. It should be 3 years or 60K, whichever comes first.

Is the knock under load only noticeable on a cold engine.

My previous diesel Touran and Yeti both knocked from new under heavy acceleration or load. This only happened when the engine was cold. It was a little like pre-ignition/pinking like experienced on petrol engines. I sold the Touran with 80K on the clock and no mechanical issues. The Yeti was sold with 40K on the clock and also no issues.

 

Colin

Posted on 31/01/2022 22:27

Hi Colin, yes that's my interpretation, however a smart lawyer maybe able to challenge the 'until 60k miles'.....

From cold & when idling, sounds perfect, nothing like what you'd expect from a diesel engine & isn't a heavy 'big end' sound, so I'm leaning towards con rod where it connects to pistons....

Still showing high 50's mpg + it's zero road tax yell

If it's a known fault, it would make my case stronger.

I'm awaiting a response back from Nissan, as I've requested a 'gesture of goodwill' towards the cost..... £8156 which I obviously won't pay on an 8 year old vehicle despite it being a well 'specced' one.....

Cheers for input

Paul

Whittakerr replied on 01/02/2022 08:16

Posted on 01/02/2022 08:16

I read Nissan words as a 3 year warranty or until 60,000m i.e. if the vehicle reaches 60,000m before 3 years time limit then the warranty ends.

Kasspa replied on 01/02/2022 10:43

Posted on 01/02/2022 08:16 by Whittakerr

I read Nissan words as a 3 year warranty or until 60,000m i.e. if the vehicle reaches 60,000m before 3 years time limit then the warranty ends.

Posted on 01/02/2022 10:43

I know that is how it is supposed to read but I'm hoping a good solicitor may 'interpret' that differently as it is very open to interpretation.....

Quite shocking that a vehicle can't get to that 60k regardless of time!

I've had 3 cars in 42 years prior to this so I think they were maintained & driven respectfully.

Awaiting a call back from CAMC Legal Dept now.....

Kasspa replied on 01/02/2022 15:01

Posted on 01/02/2022 15:01

Update:

Had a call from Legal Dept advising to send a "letter before action" to supplying dealership.

Under Consumer Rights 2015 Legislation items need to be 'fit for purpose' & of 'satisfactory quality'..... obviously there's an argument there due to age but mileage covered!!!!!

I may also need to get an independent report.

However, I also received a call back from case manager regarding my claim who has spoken to service advisor at Nissan (but still wants to speak with Service Manager) who stated that a new engine was recommended as the cost of stripping down the original to try & ascertain the fault would cost the same.....

I await further info & offer of goodwill.

Getting an independent report could arrive at the same conclusion could it not? Inconclusive as to the fault yell

I'm going to wait for a response from Nissan before I send the aforesaid letter in the hope that it may be an acceptable % of contribution on their part.

Will update again on final outcome.

At least we can start enjoying our motorhome again soon with the increasing daylight hours & Spring on it's way..... wink

Cheers

Kasspa replied on 01/02/2022 21:37

Posted on 01/02/2022 15:02 by Burgundy

I don't suppose "legal advice" would  cover the cost of a "smart lawyer" they don't come cheap cool

Posted on 01/02/2022 21:37

Indeed.

The advice was more how to find the info yourself & adapt a pre templated letter..... wink

However, I'll explore all avenues & stay +ve with the exception of 'The Cove' that is.....

BlueVanMan replied on 02/02/2022 10:27

Posted on 02/02/2022 10:27

There is a statable argument that the vehicle is not of satisfactory quality. My advice would be not be to send a letter before action YET. You need to engage fully but firmly with the supplying dealer seeking to persuade them to provide an acceptable solution. You may be able to get free technical advice from say the RAC if you are a member. You need to asking them what "failing internally" means. Put these communications in writing (e-mails are fine). 

I had a problem with my last van clearly defective suspension problem entirely with warranty. Supplying dealer wanted £1000+ to remove and replace suspension parts "which were wearing parts" and not covered by warranty. Totally unacceptable and legally wrong response but dealer (as opposed to the convertor who was superb) totally refuse to budge and manufacturer was also unhelpful and arguably dishonest quoting non existent warranty wording. In the end a friend who had a professional garage stripped the suspension down, corrected an assembly issue and reassembled to two hours labour. 

So don't trust the dealers "replace the engine" response. It may be just their way of side tracking the problem and avoiding workshop labour at your expense. If you were to sue you would need some credible qualified technical information to back up the claim that the vehicle is unsatisfactory. At present the whole thing is just too vague. If you get to the point that neither dealer nor the manufacturer will move then you need to persuade them credibly that you mean business and a letter before action may at least get their attention and encourage them to try a bit harder. As a rule of thumb it may not be worthwhile suing for the sums involved but I hope the above will help. 

near Malvern Hills Club Campsite Member photo by Andrew Cole

Book a late escape

There's still availability at many popular UK Club campsites - find your perfect pitch today for a last minute trip!

Book now
Woman sitting in camping chair by Wastwater in the Lake District with her two dogs and picnic blanket

Follow us on Facebook

Follow the Caravan and Motorhome Club via our official Facebook page for latest news, holiday ideas, events, activities and special offers.

Photo of Wast Water, Lake District by Sue Peace
Visit Facebook