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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 56587
Experience:  Qualified Solicitor
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2014 Nissan Qashqai automatic cvt gearbox failed. Out of

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2014 Nissan Qashqai automatic cvt gearbox failed. Out of warranty but only 23,500 miles. Lots of history with this gearbox failing. Nissan USA have extended warranty. Around £7,000 to fit new gearbox. Nissan dealer originally said new gearbox would be paid for by Nissan then retracted offer. Nissan UK refuse to pay anything because car not purchased from Nissan dealer. Car finally repaired by automatic transmission specialist costing £3,500 + vat plus many other expenses.
Assistant: Where is the dealer? It matters because laws vary by location.
Customer: Southend on Sea, Essex
Assistant: What steps has the dealer taken so far?
Customer: Diagnosed, reported + charged me for information. Informed myself + my wife that the new gearbox would be paid for but not the labour charge for fitting. Then retracted the offer + advised me to deal with Nissan UK myself.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: There are lots more details but the main points are in my original text.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you buy the car new?

Customer: replied 6 months ago.

Did you buy it from a dealer or privately?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
Does it make a difference?

yes it does, I will explain shortly

Ok thanks. Sadly you will have no rights against the manufacturer, even if there was a previously known issue. You would have had a comeback against them if there was an active warranty on the vehicle, which was still valid and had been legally transferred to you on purchase. However, if the warranty has expired you cannot go after the manufacturer any longer and your rights would only be against the seller.

The issue there is that in auctions your rights may potentially be limited. Whilst the Consumer Rights Act 2015 applies to cars sold at auction and provides for the car to be as described, of satisfactory quality and fit for purpose, these requirements could be excluded if the auction house put a notice on display in the catalogue or on the wall regarding this. If they did not, you will have to consider pursuing the actual seller of the vehicle (not the auction house).

Your rights will then further depend on whether this was a private individual or a dealer, because with the former you will only be able to take it further if they had given a false description so your rights are even more limited.

The best scenario would be if the owner selling it was a dealer and the auction house did not exclude the protection under the CRA 2015 and then you can potentially make a claim against the previous owner for this.

Does this answer your query?

Customer: replied 6 months ago.
I do understand exactly what you are saying but surely there should be some recall with a car having only done 23,500 miles with bad gearbox history + Nissan USA extending the warranty.

Nissan USA and Nissan UK are completely separate legal entities and what one does would have no legal bearing on what the other does. As to a recall, this would usually only be a requirement if there is a clear safety concern, which would not necessarily be the case here, plus they could also choose which cars get recalled, such as specific serial numbers to cover specific manufacture dates etc. You cannot force them to do any of this though, this is up to them. Hope this clarifies a bit more?

Customer: replied 6 months ago.
thank you. Do you think it’s worth going down the small claims court route?

Against whom? Do you know who sold you the car?

Customer: replied 6 months ago.
It’s a Nissan UK product not fit for purpose so why not them?

because you have no legal rights against them as explained in my earlier response - you have not purchased the car from them and as such have no legal rights against the manufacturer - you would only have rights under a warranty, but that has now expired

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Ok thanks

All the best