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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I run a business and I bought a new Nissan Cabstar three months

Customer Question

I run a business and I bought a new Nissan Cabstar three months ago. It has now broken down for the second time and Nissan advise me that there is a software problem with the ECU. They are working on a 'fix', (one of these has already proved unsuccessful). They cannot say how long it will take to find a solution to the problem -'it could be days or even weeks'. As a goodwill gesture they are making a less than cost contribution towards a replacement hire vehicle. Am I entitled to demand a new replacement vehicle from the supplying Dealer?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you paid for the Nissan, was it on credit at all?

Customer:

£8,000 cash, balance on finance over 4 years. ( HP)

Alex Watts :

Do you have a replacement vehicle?

Alex Watts :

Can you drive the current vehicle?

Customer:

No to both questions

Alex Watts :

Ok - then they should provide a replacement.

Alex Watts :

Under the Sale of Goods Act (which also applies to a business) goods must be fit for purpose, of suitable quality and as described.

Alex Watts :

As you can't actually use the vehicle they should replace it. If they do not then you can sue for breach of contract.

Alex Watts :

Indeed sadly if you were an individual then the finance would also be liable under the Consumer Credit Act section 75

Customer:

Do you mean a temporary replacement or a new replacement vehicle ?

Alex Watts :

However I suspect your current finance agreement excludes the CCA because you are in business and as an exempted agreement

Alex Watts :

They should replace the vehcile

Alex Watts :

Not temporarily

Customer:

Many thanks, ***** ***** write to the supplying dealer accordingly quoting Sale of Goods Act. Is there any particular section of the act I should refer to ?

Alex Watts :

Sections 13,14,

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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