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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
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Experience:  8 years legal experience
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My husband has a 2005 Nissan Navara and took to the garage

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Hi my husband has a 2005 Nissan Navara and took to the garage as was making a noise. It turned out the the chassis is coming apart, this was one of Nissans recalls but at that time his wasn’t called. The vehicle can actually break in half. He is unable to do his job now as he cannot tow with it. This was a common problem that Nissan had with these trucks and most were fixed nissans expense. I spoke to Nissan and explained the situation and they are saying because of its age they are unable to help. I explained that it was one of their common faults and even though it wasn’t recalled it is still having the problem. Is this right or should they be doing something to help put this right please?
JA: Where is your husband? It matters because laws vary by location.
Customer: We live in Norfolk
JA: What steps has your husband taken so far?
Customer: he has taken it to his usual garage as it was making a noise and they put it on the ramps and noticed the chassis
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have spoken to local Nissan branch and head office

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

Hello, when was this vehicle purchased and why was it not recalled at the time?

Please confirm what your ideal resolution would be?

Customer: replied 2 months ago.
He purchased it privately last year and they said it wasn’t on the recall list and won’t repair because of age but it is a common fault on these vehicles. I would like them to repair it at their expense like they have for others

Ok thanks. To help me understand further, please advise why you believe it was on the recall list, if they are saying it was not?

Additionally, does your husband still have the seller details he purchased it from? How long after purchase did it start making a noise? Was he informed of any of these issues when he bought it?

Customer: replied 2 months ago.
No it wasn’t on the recall list but has the same problem that the recalled ones had. He bought it from a garage in Norwich and wasn’t advised of any problems the noise hasn’t got anything to do with it he took to garage for that and when they put it on the ramp the mechanic noticed it. He can longer tow his trailer so is affecting his work

Ok I see, thanks for clearing that up. Please give me a moment to draft my response to you. I will not be long, thank you.

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

Salford

Greater Manchester

M5 0BY

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.

Does this help? Please let me know. Please also leave rating for me. You can do this by clicking the stars at the top of the page. Thank you.

Customer: replied 2 months ago.
Thanks for your help

Pleasure, do return if you need any further assistance. Please also leave a rating, by clicking the stars at the top of the page. Thank you.

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