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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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we purchased a new Nissan Qashqia on the 1st march from westway

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we purchased a new Nissan Qashqia on the 1st march from westway Nissan, Stockport. In the 4 months we have had it, it has broken down 3 times and we have had to be recued by the RAC who could not identify the problem. The symptoms were identical each time, an increasing severe shuddering and then loss of power. Each time it happened we were on a motorway - very scary! We have had two holidays wrecked. We got back - with the RAC's help last night and dropped the car of at Westway. We have told them we are unwilling to have it back and want a new car. Three major breakdowns in 4 months is just too much. We have had a curt reply to our letter from the manager telling us that this time it is a different problem even though the symptoms were identical. He said that if we want a new car we have to take it up legally with Nissan directly. He is just being generally unhelpful and rather offhand.
Have you any advice please.
My name is***** and I'm happy to help with your question today.
The car is clearly not of satisfactory quality and not fit for purpose.
You are within your rights under the Sale of Goods Act 1979 to seek a repair or refund.
As you bought the car six months ago the dealer should accept there was something wrong with it at the time of sale.
They should put things right. This means repair or refund as I mentioned.
You may be able to turn down the offer of a repair or replacement will take a long time or cause you significant inconvenience.
In the circumstances of your case I think because this is the third occasion you are within your rights to seek a replacement - but if this cannot be done you should ask for a refund.
The dealership may try and pass the buck to the manufacturer but in reality you bought the car from them and they are responsible under the Sale of Goods Act.
A letter in these terms should see the matter resolved quickly. Otherwise you may have to take legal action through the County Court.
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I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Alex Hughes