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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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My son took his truck to a Nissan dealer to be repaired.

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My son took his truck to a Nissan dealer to be repaired. Twice he had to take it back as the repairs were not done properly. However he set up a payment plan with them when he collected it the first time. While it was at Nissan it was involved in an arson attack and has been written off. However Nissan says he still has to pay for the repairs what can we do.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Uk Nottingham uk
JA: What steps have you taken so far?
Customer: None the fire was last night
JA: Anything else you want the lawyer to know before I connect you?
Customer: there were a nimbler of repairs but it was faulty clutch that was first fitted then the second time bad fitting
Customer: replied 3 days ago.
I know he can claim for the truck on the insurance but it is the faulty work that was not completed that is the problem

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

The dealer's stance is very surprising in my view. The dealer had sole control of the vehicle whilst at their premises and they take all responsibility for it too at that point - it is not your Son's fault that the vehicle has now been written off. If Nissan tried to sue, I cannot see the court saying for one minute that your Son should pay for the repairs for a vehicle which has been written off during the dealer's custody of the vehicle. It would be wholly unreasonable to expect your Son to do this - I can only think that someone with no legal knowledge has told your Son this with a complete disregard to his consumer rights.

The arson attack is an intervening issue which has made the return of the vehicle no longer possible. The dealer will have insurance for this so they need to bear the cost of all of their losses and not try to pass on this loss to their customer (your Son).

My advice is to defend any claim they might make for the repairs - if they choose to sue then the court will send a claim form to your Son which sets out the claim from the dealer - and a response pack for your Son to fill in. It is vital he fills in the response pack to confirm he wants to defend the claim - then return it to the court. So that you know what it looks like I have attached a copy (just for reference). I can help with filling out the defence form if required - just come back here or post a new question and ask for me.

In the meantime I recommend speaking to Trading Standards about this. Their site is here with their contact details :

https://www.tradingstandards.uk/consumers/support-advice

I would not recommend your Son pays them anything for the repairs for the above reasons.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 3 days ago.
He has paid 1 of 4 payments for the repairs should he withhold any future payments

Yes, do not pay any more.

They owe him the first payment as the car was in their care when it was written off.

I hope I have answered the question for you. If so could you kindly rate the answer (5 stars at the top of your screen). It won’t cost extra to give the rating and I will be credited for helping you.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 3 days ago.
That is very helpful thank you should he inform Nissan that he will not be paying the repairs bill