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John
John, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  10 years legal experience
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I have a question regarding a Nissan van, the van is 5 yr

Customer Question

Good evening
JA: Hi. How can I help?
Customer: I have a question regarding a Nissan van, the van is 5 yr old and done 25k mileage and the gearbox has failed, I would expect the gearbox being a sealed unit, to last 150k plus at least, how do I stand?
JA: Where are you? It matters because laws vary by location.
Customer: I am in the uk
JA: What steps have you taken so far?
Customer: I thought a wheel bearing was failing, took it to a garage to be checked, they checked wheels brakes, tyres and found the problem is the bearing in the gearbox, I contacted Vospers who I had bought the van off, who arranged for me to go to the Nissan dealership, they drained the gearbox finding metal in the oil,
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have chased Vospers and Nissan for a solution, Vospers have washed their hands off it, and Nissan have said as a goodwill gesture they are only willing to pay 50% of the parts and I pay the rest, labour, vat and it has to be done by the dealership, I am a self employed builder, and can’t be without my van, I have had the can 4 years and only done 23k mile in that time,
Submitted: 16 days ago.
Category: Law
Expert:  John replied 16 days ago.
Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note 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. I may also need to ask you some clarifying questions to determine the legal position.
Customer: replied 16 days ago.
Hello yes I’m okay worried about my van getting worse, and where do I go from here
Expert:  John replied 16 days ago.
Thanks for your message I appreciate it is important to you. Just to clarify, you purchased the vehicle 4 years ago and the fault developed only recently?
Customer: replied 16 days ago.
I bought the van may 2018, and the fault has only happened in the last few weeks, the van is fully serviced as well
Expert:  John replied 16 days ago.
Ok thank you. Please give me a moment to type up my response.
Expert:  John replied 16 days ago.
Hello thank you for your patience.

I am sorry to hear about the issues with your van.

What you have described falls under the Consumer Rights Act 2015 ("the Act"), however there are certain caveats.

Briefly speaking, a vehicle you purchase must be of satisfactory quality, fit for purpose and as described. If it breaches just one of these things, then you have certain remedies available to you under the Act.

However, the one that is most applicable to you, is the time frame from purchase, up until when you discovered the fault. Under the Act, if a fault develops 6 months after purchase (so in your case 4 years) the responsibility is on you (the buyer) to prove the fault was already present when you bought it. If you cannot prove the fault was not there when you purchased it, then you will unfortunately have no remedies under the Act. In this case, it would be sensible to accept their goodwill gesture.

But if you are able to establish that this fault with the vehicle was already there when you bought it,  you can ask the garage to either repair or replace the vehicle, or if they cannot do either, to provide you with a full refund (with reasonable deductions to be made for usage of the vehicle). Keep in mind, the Act are your statutory rights which override any contractual terms.

The only way to establish if a fault was there is by obtaining independent evidence such as an engineer’s report, which can support this. If you can obtain this, then you will have good grounds to succeed under the Act. You can either get the report from a local mechanic or you can instruct a company like Laird Assessors https://www.laird-assessors.com/

If you are able to establish the fault was pre existing, then you may return the vehicle enforcing your rights under the Act. If they refuse to either provide a refund, or a replacement van, then you will need to take court action.

To do this, what you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You 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 you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

I have attached a template letter you can use, which you can edit as you wish. Do remember, that you will only have 6 years from the date of purchase to take court action, so given you have had the vehicle for 4 years, you just have 2 more years left to initiate any claim.

Expert:  John replied 16 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 16 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 16 days ago.
Thank you for the reply and your time I will sit and read and take it in, and go from there
Expert:  John replied 16 days ago.

I am glad I was able to help. Have a great day.