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Where do I stand legally with Nissan Qashqai

  • 05-08-2014 10:08pm
    #1
    Registered Users Posts: 6


    Hey guys how ye getting on? This is my first post on here and im in need of some serious advice. Here's the story

    I bought a 2008 Nissan Qashqai in October of 2013 in a very reputable motor group in Tipperary and since the day I bought the car something has always gone wrong with it for example

    I only had it an hour when I realized the electric windows weren't working in the back so I rang the garage and he sent me to their sister garage to have a new one fitted and within a few minutes new one was fitted and grand job. Happy out and took the opinion that these things happen.

    2 weeks later the lights on the clocks started to flicker on and off in certain areas car had to be returned at my expense to fit temp clocks while mine were been fixed. (Car was brought in from UK so had MPH instead of KPH) Waited an age for them to come back also

    All went well for a month until the car started losing power out of nowhere this would happen every now and then and come and go very fast sorta like the engine was hunting. Back again at my expense and it turned out to be an ECU problem. (got replacement deathtrap for a few hours) ECU remapped and went grand until

    The heat shields started falling off the bottom of the car back again on two separate occasions which I had to get this fixed not a happy camper by this stage

    Back tailgate trim falls off and heat shield problems AGAIN. As I did not want to travel back to where I bought it at this stage another Nissan garage fixed me up and was paid for by the first garage. I was annoyed it happened but happy it was fixed for me

    So I have the car 4-5 months at this stage when its returned with wheel bearings going in the front. Got them replaced under warranty as with any other work done previously and more work needed on the heat shields

    So driving along one day 6 weeks ago and was over taking a car when the RED engine management light came on the car suddenly lost power mid flight needless to say it put the ****e crossways in me.

    Back to local Nissan garage for diagnostics found no fault and told to drive it away and that it needed a good mid service. Drove it away for two weeks with the management light coming on nearly everytime it took it out

    So back it went today for the service and get the light sorted where I bought the car. About 3 hours later I got it back with a clean bill of health. Was delighted the power was back in the car it was serviced happy days UNTIL halfway home the RED engine management light was back on same thing as before I was well and truly sick!

    Can someone please tell me where do I stand with this legally? The fun is gone out of the car as I'm half afraid to go anywhere in it in case it breaks down!

    When it goes back this time that makes 10 trips in total to garages to get it fixed and yes granted some of the problems were minor and they have never refused to fix the car and have collected it twice to get it fixed I still feel that enough is enough.

    Any advice on this would be greatly appreciated
    Cheers


Comments

  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    If it's sold in the course of a business (sounds like it was) then you have consumer rights but these will be diluted by the fact that this is a 6 year old car.

    I highly recommend engaging a solicitor* where cars are concerned. Have you suggested exchanging it?

    *Damages almost always exceed the amount that can be awarded under the small claims procedure and in many cases will exceed that of the District Court. Also although motor vehicles should simply fall under the Sale of Goods Acts, they seem to have their own exceptions in many cases.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,443 Mod ✭✭✭✭Cabaal


    yeah I think consulting a solicitor may be the best course of action in this type of situation. Make sure you have everything documented...I mean everything!

    Before going down the solicitor I'd suggest looking for it to be exchanged, might be best to do this in a more formal way via letter detailing all the issues etc


  • Registered Users Posts: 19,587 ✭✭✭✭Muahahaha


    I dunno OP, it sounds to me like the garage has been very patient in fixing all these issues. If you take legal action against them then you will lose all good will and it sounds to me like there is some there at present. Fair enough on the red engine management light, someone cocked up there and didn't fix it right.

    I know you're frustrated and so would I be as there is nothing worse than cars that constantly break down. But on the other hand it is a 6 year old car and that's often the time when their first bunchs of parts seem to go so it could be the case that you have just been unlucky with the frequency with the repairs. That's what the garage side will be saying and it's a reasonable stance IMO.

    If you're going to claim that they sold you some sort of dodgy car that was not fit for service then I'd thread carefully. None of your issues seem like major mechanical failures to me, it's just small stuff compared to engine/gear box or clutch problems.

    As annoying as it is I'd just get it fixed right and hope nothing goes wrong. I've been in that scenario with a car before where I spent €1000 in the space of a month on various issues. It's frustrating as you keeping thinking the dam thing will cost you another €1000 but lucky for me that was the end of it.

    But to be sure what to do you should do some research on the Qashqui model and see if you can find out the average miles on the clock before major parts like clutches, timing belts, etc start to go. If your current mileage is near that figure then I'd consider selling because if those parts begin to go then you've got real problems. The Motoring forum here on Boards is full of posters with knowledge of these things, in fact I'd say you'd get a much better response to all your questions over there as it's a very busy forum.


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