A history of problems with car

NORTH1 · 09-02-2010 10:00AM #1

Hi guys,

I'm looking for advice.

I bought a car new in January of 2008. A couple of months in I had two road side break downs where the car went dead. The second one was very serious where the car broke down at the bottom of a hill on a bad bend. Now we had free road side assist with the car but the company said that where the car broke down was too dangerous to remove. I had to arrange the move with a private operator and pay for it myself.

I later got payment for the removal and a new battery was fitted to the car by dealership after us sending several letters.

A couple of months after those incidents I started having trouble with the drivers car seat, which is motorized. The seat started moving forward and backwards with the seat back moving into the full back position. On one occasion it caught my daughters leg trapping her. We had to force the seat up to get her out. It took the garage a while to fix this problem and I told them that they could now keep the car. I was informed by them that they where not in business to take cars back.

Anyway they finally found the problem replaced a switch on the seat twice.

Another year passes with out a hitch, and then yesterday the driver’s door fails to open from the inside. It can be opened from the outside. I was on my way into the garage this morning when I had to make a detour due to work. While in work I began to get more frustrated with this, it kept going through my head I spent a lot of money on this machine and I have had nothing but problems.
What if I was involved in an accident and unable to get out of the car?
With the kids we decided to trade up for safety, which we have not received.

I have had six years of a cheaper brand with out a hitch two cars in the six years.

Do you feel I have the right to look for a full refund two years one month down the road?

Do they have the right to try and fix this new problem?

And do I have to accept another attempted repair job?

Sorry for the length of this post and I do appreciate your opinion on this.

Thanks in advance.

Slidey · 09-02-2010 11:43AM

So you have had a few faults after 2 years of ownership.

The seat was fixed with a switch, nothing very dramatic there then.

The door not opening is probably a handle or a cable. A 15 min fix and could happen to any car.

In short, with the car, you haven't a leg to stand on.

I would however have a serious issue with the recovery company refusing to lift the car. I have done recovery work on and off and, yes sometimes it can be awkward and dangerous but you couldn't just refuse to lift the vehicle.

seamus · 09-02-2010 12:15PM

A full refund after two years of ownership would be unreasonable, especially since you haven't had any majorly dramatic faults.

A dead battery, a broken switch and a non-operational door handle (easily fixed) are not major problems, and you're not experiencing any persistent problems with the vehicle to indicate that it is inherently faulty or was not of merchantable quality when sold.

IrishTonyO · 09-02-2010 12:15PM

Sounds like normal car ownership to be honest. 2 minor problems in 2 years is not what I would call a defective car.

Nody · 09-02-2010 12:17PM

As you had the car for two years you'd need to discount some of the value from use of the car. I'm leaning more towards Slidey here then you honestly and as other posters have noted you've not had the same problem after it was fixed either.

foggy_lad · 09-02-2010 12:29PM

if this was a washing machine or laptop people would be saying it is just a pile of junk and not fit for its purpose and you should be entitled to a reliable working vehicle which this is not!

was your daughter injured when her legs got trapped by the seat? there is a serious safety issue here as well as with the door not opening!

jimoc · 09-02-2010 01:47PM

Is it a Toyota by any chance?

jetsonx · 09-02-2010 01:47PM

No case of any substance here.

seamus · 09-02-2010 01:55PM

foggy_lad wrote: »

if this was a washing machine or laptop people would be saying it is just a pile of junk and not fit for its purpose and you should be entitled to a reliable working vehicle which this is not!

The equivalent faults in a laptop would be
1. A faulty power supply (easily replaced)
2. A broken key from the keyboard (easily fixed)
3. A dodgy closing clip on the lid. (easily fixed)

None of which would qualify a laptop as a "piece of junk".

whiterebel · 09-02-2010 01:56PM

Jesus, I wonder if some of you were in a burning car and the door wouldn't open from the inside, would you console yourselves with the thought that its a "Minor problem?" Between that and the seat going back and trapping someone underneath, I certainly wouldn't consider "Normal" car related problems.

OP, Bought new in 08? Most new cars seem to have a 2 year warranty, does yours? I would certianly expect to have the door handle problem fixed, but not a hope on refund, although I can't fathom for the life of me where a car can be treated differently as a consumer product.

NORTH1 · 09-02-2010 01:56PM

Thanks for the reply's,

In my opinion the seat moving is not a minor problem, more a serious safety issue. It was happening while driving. They did fix the problem after several attempts.

I forgot to mention that a couple of months back the wife went to take a spin down the country when she had got three or four miles down the road when the car suddenly suffered a power loss, she couldn’t get the car to go over 30 kpm. Now luckily this happened close to the garage and she limped back. They replaced a c rail? in the engine but the car was once again out of action.

On that occasion I informed them I was not accepting any more faults with the car.

This machine was bought new, and I feel that the workmanship is not up to scratch in this instance. How many things are suppose to go wrong before its just wrong?

These are four separate incidents over a two year period with nothing in common at what stage do you bring the build quality into question?

Once again thanks for the reply’s I like to see all opinions on this as I’m more then a little upset and feel its clouding my judgement.

NORTH1 · 09-02-2010 01:59PM

whiterebel wrote: »

Jesus, I wonder if some of you were in a burning car and the door wouldn't open from the inside, would you console yourselves with the thought that its a "Minor problem?" Between that and the seat going back and trapping someone underneath, I certainly wouldn't consider "Normal" car related problems.

OP, Bought new in 08? Most new cars seem to have a 2 year warranty, does yours? I would certianly expect to have the door handle problem fixed, but not a hope on refund, although I can't fathom for the life of me where a car can be treated differently as a consumer product.

Yep 08, and while not trying to narrow down the make it had a full 3 year parts and labour plus three years free service.

NORTH1 · 09-02-2010 02:05PM

seamus wrote: »

The equivalent faults in a laptop would be
1. A faulty power supply (easily replaced)
2. A broken key from the keyboard (easily fixed)
3. A dodgy closing clip on the lid. (easily fixed)

None of which would qualify a laptop as a "piece of junk".

As one item these would be small issues. But if the problem's kept happening one after the other would you be still happy or would you be wondering what would be the next thing to go wrong.
Would you be questioning the build quality of the laptop?
What happens when the dodgy clip comes loose and the screen breaks?

If it was a laptop I probably would have had a new laptop by now.

What do you think?

ClutchIt · 09-02-2010 02:08PM

What type of car is it man?

NORTH1 · 09-02-2010 02:12PM

Djdaforce wrote: »

What type of car is it man?

Ok I was trying to keep makes and models out of this.

It is a Nissan Pathfinder bought new Jan 08.

ClutchIt · 09-02-2010 02:20PM

Thanks, I'd just like to know because it sounds quite shoddy to be fair. Damn these new cars where everything is electrically controlled. I've a 1998 ford fiesta and I actually prefer that everything is manually controlled, less things to go wrong and cheaper fixes if they do.

gleep · 09-02-2010 03:13PM

Did someone say Joe Duffy????????????:D

Seriously, i'ts not good enough. If the dealership won't sort it out get in touch with Nissan, if you haven't already, and see where that takes you. Honestly, if this was a washing machine or cooker that kept breaking down and you couldn't open the door in it, anyone with a bit of gumption would have it replaced by now.

Not that I'm saying you haven't, you just need to push some people really hard to make them do the right thing.

smelltheglove · 09-02-2010 03:52PM

Is the power loss sorted now? My dad had a high end car with this problem, took a long time to get it sorted, it happened once while I was driving it on a large roundabout, (Naas Rd. M50 roundabout) and it was quite dangerous.

I would agree that all of these issues are dangerous, isnt there something about a product being sent back 3 times for repair and if still faulty customer is entitled to a replacement?

I doubt you would ever get a refund, is you were lucky enough to arrange a replacement it woud be with a vehicle of equivalent value to the current market value of your own. Have you contacted Nissan? Maybe someone in the motoring section would be abole to advise you more on who to contact about your dilemma, surely there is a regulatory body for the motor industry.

NORTH1 · 09-02-2010 04:07PM

smelltheglove: Is the power loss sorted now?

Yes, again its was fixed within a day or so, and the garage gave us a replacement car while it was been fix. Which by the way the garage manager told me today he was within his right to chage us for the replacement car, but was going to let us off.

Now to say I'm fuming is an understatement, I have a meeting with my solicitor this week.

See how it goes.

The Thinker · 09-02-2010 04:15PM

Try this link for SIMI
http://www.simi.ie/consumer_information/consumer_services.aspx

NORTH1 · 09-02-2010 04:45PM

The Thinker wrote: »

Try this link for SIMI
http://www.simi.ie/consumer_information/consumer_services.aspx

Thanks for this, I contacted them but unforetunately they only deal with second hand cars out of warranty. Their advice is deal with the dealership then go legal.

The car is now with the dealer at the moment, I have a tiny courtesy car which the dealer has informed me they won't charge me for. I have a meeting lined up with my solicitor.

Nice of them.

Problems

They give me a new car, it is then on the new higher tax rate.
They repair the car, I wont have peice of mind.
When the three year warranty is up they will be laughing at us next time something goes wrong, again no peice of mind.
???

whiterebel · 09-02-2010 04:56PM

NORTH1 wrote: »

smelltheglove: Is the power loss sorted now?

Yes, again its was fixed within a day or so, and the garage gave us a replacement car while it was been fix. Which by the way the garage manager told me today he was within his right to chage us for the replacement car, but was going to let us off.

Now to say I'm fuming is an understatement, I have a meeting with my solicitor this week.

See how it goes.

So the car develops a fault within warranty, and the dealer tells you he can and should be charging you? What a way to do business. Typical in this country, Customer Service is a dirty word(s)

smelltheglove · 09-02-2010 05:14PM

NORTH1 wrote: »

smelltheglove: Is the power loss sorted now?

Yes, again its was fixed within a day or so, and the garage gave us a replacement car while it was been fix. Which by the way the garage manager told me today he was within his right to chage us for the replacement car, but was going to let us off.

Now to say I'm fuming is an understatement, I have a meeting with my solicitor this week.

See how it goes.

He has changed cars since, it did get sorted eventually, it was a hilarious situation really, at one stage they sent someone to the house to do a diagnostics check and his opinion was the car was suffering power loss because it wasnt driven much:eek: It would have been driven daily but mainly local small trips as he uses his truck for work. In the end it went to the garage a few times, the last of the times a mechanic I know saw my dad leaving and went and dealt with the car himself, I couldnt tell you what it was, its been a while but it did get sorted. Considering the amount of money he spent it would want to have gotten sorted.

I guess your best bet now is to go legal if SIMI cant help.

jetsonx · 09-02-2010 06:04PM

NORTH1 wrote: »

Their advice is deal with the dealership then go legal.

Did you deal with the dealership? What was the last communication you had with them?

slimjimmc · 09-02-2010 07:59PM

smelltheglove wrote: »

I would agree that all of these issues are dangerous, isnt there something about a product being sent back 3 times for repair and if still faulty customer is entitled to a replacement?

That's a shop rule touted by mobile phone dealers, it has absolutely no basis in law. Consumer law can protect you if you bought a car and the dealer failed to declare its dangerous defects at the time of sale but that's not applicable here.

Many new cars have defects, some safetty related. Usually they are repaired with a recall, sometimes they're repaired when presented during servicing, others have been ignored by the manufacturers

bigjohnny80 · 09-02-2010 09:47PM

4 minor faults in the time you've got the car is prob not exactly unprecedented.

I would calm down a bit.... no need to 'fume'. They are sorting out the problems for you. I personally would not get a solicitor involved at this stage. I dont think you have much to stand on.

NORTH1 · 09-02-2010 11:05PM

Ok I got the car back this evening with a report that the problem was a faulty door achuator. Which they have now replaced. No one actually came to meet me as I collected the car just a service engineer who gave me the service report saying " I was told you where looking for this"

The wife rang the garage looking to speak to the manager but he was not available, in fairness he did leave a message on the phone this evening saying he'll call me tomorrow.

The car is now fixed again and to them this is the end of the issue....

I'm a little surprise at the minor issues people above what would be concidered a major issue?

Driver door not been able to open from the inside?

Car suddenly lossing power while traveling down a duel carrage way going from 100kpm to 30kpm....

A battery less the 3 months old failing.

and my favorite the drivers seat folding back while driving down the road traping a childs leg, her screaming while the driver trying to balance/steer and find a safe place to pull in.

How many people think these are minor issues?

foggy_lad · 10-02-2010 12:36AM

cars like this are common enough and are very problematic as they usually spend more time at the menders than on the road as often the problems can not be found by the mechanics., you should write a letter to the garage concerned outlining your safety concerns and letting them know you have no faith in this vehicle and will be seeking legal advice.

jetsonx · 10-02-2010 01:24AM

You reported an issue to the garage and and each time they resolved the problem for you. That sounds reasonable to me. There will always be products that roll off the production line, even Rolls-Royces, that develop faults. There will always be products with inherent design flaws.

1) communicate to them exactly what is your problem with their response to this issue. Do you expect a new car out of it? Do you expect financial compensation? What exactly do you want them to do for you?

2) Have you communicated to them why you find their response to this problem has been unsatisfactory? As far as they are concerned, you are satisfied - I get the impression you do not seem to be airing these issues to the management. Your wife leaving messages on voicemail is not apt, if you're claiming this issue is so serious. The medium is the message.

Yes, I am sure you're annoyed with your purchase. But, in context, the garage have done everyting they can. I am sure you will find some rapacious little solicitor out there who will be more than willing to take on this case on and charge you nicely for the priviledge. But any judge will see the garage have acted well within the context of the the Sales of Goods Act.

BostonB · 10-02-2010 01:55AM

Lots of everyday minor problems, in the right circumstance could be deadly, but in the vast majority of situations they are not.

Most mass product goods be they a kettle a laptop or a car have a certain amount of failures. Nothing is perfect. As goods/cars get more complicated and have more features, the odds of problems increase.

dudara · 10-02-2010 06:07AM

TBH, if problems continue to arise in the car, I would be inclined to agree with you. The build quality definitely appears to be worse in your car than in other models.

It's a well-known fact that mass-produced items can suffer from more defects when manufactured on certain days (i.e. after public holidays, weekends etc).

A history of problems with car

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