Hi thanks for your patience.
This will not be the responsibility for Nissan to fix, because put simply, the vehicle is not on their recall list, despite it having the same problems that the recall ones had, if it isn’t on the list, they would not have any obligation to fix it, but you can report them to Trading Standards if you feel they are being negligent in not putting it on the list. You can do this here https://www.gov.uk/find-local-trading-standards-office
However, there may be steps your husband can take under the Consumer Rights Act 2015 (the Act). The is because he purchased the vehicle from a garage, and not privately as stated. If it can be proven his consumer rights have been breached then he will have grounds to seek recourse. The criteria for goods sold under this Act are it must be 1) of satisfactory quality 2) fit for purpose and 3) as described. If it does not fit any of these, then it will be a breach of his consumer rights and he has grounds to seek a claim against the garage.
There are timescales you need to be aware of. The Act states you are entitled to an automatic refund within 30 days of purchase. Between 30 days to 6 months this right is no longer automatic, but they will need to either repair or replace the vehicle, and if they cannot do either, then offer a full refund (with some deduction for usage of the vehicle).
If it has been post 6 months since purchase, under the Act, goods sold which then develop a fault after 6 months, puts the responsibility on the buyer to prove the fault was already present when they bought it. Your husband therefore needs evidence to be able to establish that this fault with the vehicle was already there when he bought it. He can do this by obtaining independent evidence such as an engineer’s report, which can support this. If he can obtain this, then he will have good grounds to succeed under the Act.
With this evidence, he will need to ask the garage to either repair or replace the vehicle, or if they cannot do either, to provide him with a full refund (with deduction to be made for usage of the vehicle).
If they refuse, then he has grounds to issue a claim against them through the courts for breach of his consumer rights. What he will need to do is write them a formal “Letter Before Action”. In this letter he will need to state the amount he is seeking to recover and the reasons why. He will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.
If payment is not received within 14 days, then he will need to issue a claim against them in the small claims court. He can do this by visiting this site https://www.gov.uk/make-money-claim
Or he can do it by post by using form N1 which he can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:
County Court Money Claims Centre
PO Box 527
Due to the value of the claim he does not need a solicitor and can do this himself. Once he issues the claim, interest will be added onto the amount from the day he issues until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but he will recover this back.
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