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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71155
Experience:  Over 5 years in practice
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My husband and I paid for a new Nissan Qashqai in June 2012.

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My husband and I paid for a new Nissan Qashqai in June 2012. The following morning we noticed the back seat had a slit in it, we could see dimples and creases where something had obviously been carried in the back seat down to the dealership. We took pictures and reported it to Nissan. They agreed to replace the seat cover or seat but it took about a year for them to actually repair it (not replace it) and the leather is now I don't know how to describe it, it looks worse than it did before, it looks miscoloured and worn. There must have been some type of reaction to the leather.
It has now been 2 years and we are still awaiting solution. We have taken the car in on at least 4 occasions with no result. On 3 occasions the 'wrong seat colour/cover has been delivered. Our latest email from them suggests end of July just for an idea of when the seat cover can be delivered.
We are still paying the finance, we have 1 more year to go, I know we mustn't stop this but it seems by handing the finance off to another company Nissan are getting away with murder and we have no financial leverage? Please tell me what my next step could be?
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you prepared to sue them if you need to ?
Customer: replied 3 years ago.

I am prepared to sue them, but would rather have a more expedient resolution if possible.

Thank you for the information. I just need ten minutes to dictate an answer is thats Ok?
Customer: replied 3 years ago.

of course

Thank you.
This is a difficult situation because the truth is that there is no way of bringing this to a quick conclusion unless they comply with their obligations. Whatever should be happening, the fact remains that they have not resolved this and there are no magic wands that will make an inefficient company into an efficient one.
The only way to force this is to litigate or at least threaten to do so. You need to send them a letter before action, or if you can bear the cost get a solicitor to do it, setting down that if they do not resolve this on a specified date then you will have the work done elsewhere and sue them for the cost of doing so. If they are well advised then they will act at that time.
If they do not then your only option is to have the work done elsewhere and sue them for the cost at the Small Claims Court which you would win.
You could also complain to trading standards as this is a fairly appalling with no apparent justification at all. Whether or not that would encourage them to act is another matter. Some companies seem to want to avoid trading standards investigation more than others.
Can I clarify anything for you?
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