Four Year old Nissan Micra - Faulty Parts

[tallguy360]

Hi Guys, new to forum looking for some advice regarding a Nissan Micra brought from new, four years ago from the Nissan main dealership in Bristol.

 

The car has recently developed two faults: one with the windscrenn linkage (the bit under the bonnthat controls the wipers) and the other is a faulty boot catch. Both of theses items are the sort of items that would not normally go worng on a car of this age and the total bill for the replacement parts and fitting came to £585.

 

I had the repair completed by the same main dealership that I purchased the car from, who after my complaint to them about the total cost directed my complaint to Nissan Head Office. My argument with Nissan head Office has been on the grounds that the faulty parts where not fit for the purpose given that my car is only four years old and has only done 33,000 miles. However they claim that the parts have become faulty due to 'wear and tear' and are refusing to compensate me for any of the cost.

 

My understanding of the SOGA is that a retailer has some responsibility for up to six years from the purchase date but does this aply to car retailes? or is there a different process I could peruse ?

Edited June 27, 2013 by Conniff

[Conniff]

Have moved you into the Vehicle retailers and manufacturers section tallguy.

[heliosuk]

I seem to remember this sort of query re Nissan has been here before.

 

Most manufacturers design for a specific market area taking into account area regulations etc. In the case of cars made for the European market they are designed to last for 10 years. The average life in terms of miles is now around 10500 miles per year so for ten years is 105,000 and is based on a general mixed use. Vehicles are therefore validated by manufacturers to 150,000 miles. Where it becomes difficult is where cars generally are only used in built up areas so some parts can achieve the end of the design life very much sooner than one used every day on a motorway. An example of this would be in the number of times the drivers door is opened. Statistically this will be more often in towns than in outlying areas so will wear out quicker.

 

I'm not saying this is the case with you but pointing out the rationale they use.

 

Where you get failures such as you describe you will never get a 100% contribution as you have had the use of the part without fail for 40% of the design life so the most you could really expect is a 60% contribution unless of course it is a known failure and for that you need to know the repairs they have had to make per thousand of the parts they produce.

 

When applying for a contribution they also consider the service history. You now need to a greater extent to prove loyalty to the brand by having a service record that shows you have abided by their recommendations in that it was serviced on time. So if the schedule shows once a year and you have not done this due to low mileage then they won't listen.

 

If you can prove that you have a full on time history then you should challenge by writing to the MD of Nissan Motor Europe, not UK explaining why you think it's unfair using the info above.

 

No doubt you will be told to sue by some people but it doesn't work like that in the industry.

[tallguy360]

Hi heliosuk, Many thanks for the reply, I will have a go at sending a letter of complaint to Nissan MD following along the lines you suggest, however on the assumption that the MD backs his colleagues & company policy, do you thing there is any merit in perusing this through the small claim court?

[heliosuk]

Not really. Small claims is the last option. Depends on how bad you feel about the issue and how you value your time. The recent posting about the Renault Meganes window problems is interesting especially as Renault own Nissan or are very closely linked. Here I warned that they would probably challenge but it seems they looked at it with a view and came to the conclusion it was not so just paid up. Nissan's culture though is very different.

 

First step of attack is to gather information such as from various forums. Is it well known? Treat this though with care as you might find for example 50 complaints but on a scale of say 250,000 cars it doesn't even show.

 

Then do have you a full dealer service history? You can't expect them to play ball with you if you haven't with them despite the fact you can go anywhere for servicing during the warranty period. What use does the car get? Outlying rural area where it is probably on the move all the time of inner city where it spends most of its time idling in traffic?

 

If you are going to complain then you need to have a solid argument...not just I think it's unfair, with sound reasons why they should pay. So read what I have told you and I can help you draft a letter of complaint. Sue if you want and no doubt you will be advised to but it does not always work and in some circumstances where it hasn't, the posts have an uncanny knack of disappearing on here.

[tallguy360]

Thanks again heliosuk, my letter is on the way to The MD will keep you posted on the result