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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a Nissan Micra from new approx. two and half years

Resolved Question:

I bought a Nissan Micra from new approx. two and half years ago. Since then it has been in for the same complaint on 8 occasions. I have contacted Nissan for a replacement car as I do not think mine is fit for use. However I am still paying finance and the finance company have told me I have to demonstrate the fault. It is an intermittent fault and I am unable to prove the problem. One of the Nissan team at the garage has been in the car when fault displayed but the manager of the dept. refuses to admit this. I have written evidence of the managers refusal and also the finance company letter stating they want me to demonstrate the fault. I feel the company should replace the car but to date no such offer has been made available. They have given me an extended warranty but its no good if I have to take the car in a regular basis. The car is not fit for use and as such would appreciate any advice you could offer. Thank you Phil Paget
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you pursuing the finance company or the manufacturer?

Customer:

The finance company told me they want no further contact and the car show room just take car in say they think they have fixed problem and then give car back. When I spoke to manager I discovered he had lied to the finance company and therefore refuse to deal with him any more.

Ben Jones :

Your rights will actually be against the finance company, not the manufacturer. You would only be able to pursue the manufacturer if you had a warranty in place which they had failed to adhere to. However, as the seller in this case is the finance company your consumer rights will be against them.


 


The applicable laws that you can rely on are the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale.


 


As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

Customer:

Thank you

Ben Jones :

you are most welcome

Customer:

I am trying to rate your answer but it will not allow me to. Device rating is GOOD

Ben Jones :

That's noted, thanks, ***** ***** process manually if needed

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