Car Legal Help Required

joneve

I'll try and keep this short, but basically, last July, we changed cars and went onto a PCP purchase for 18 month old, nissan x-trail.

We've had no end of problems with it since (there were a few "niggles" the dealer we bought from sorted out before we took the car), but since then it's been back to Nissan no less than 4 times for issues.

We now have an issue which is the same issue we had before Christmas, when it was with Nissan for nearly 3 weeks being fixed.

We had already made the decision to chop it in, but our hand is being forced now, because otherwise we'll soon end up with a car that's a.) out of warranty and b.) likely going to have more issues, so will cost us an arm and a leg. 

Now for us to give the keys back to Listers (who we bought the car from), we are about £1500 in negative equity because we haven't owned the car for that long, so are upside down slightly on payments vs value - this I can accept, but what I'm wondering is whether we have any argument to say that the car is not fit for purpose and is inherently faulty, and thus we shouldn't have to pay the £1500 as we're being forced to hand the car back OR end up with a lemon which is going to keep costing us anyway.

I should, for clarity, mention that my Dad works at Listers and his finance manager sorted us out the deal for the car, and our previous two cars we'd had from them (both Lexus NX's) were great and we only chopped them in because we needed something bigger. 

Lodious

Can't you just run it for the term of the PCP then hand it back? Nissan should give you a loan car to get you though. A guy I work with has had trouble with his x-trail, and they were supportive. £1500 is a lot to loose on a PCP which is probably only £200ish per month. 

joneve

Lodious said:

Can't you just run it for the term of the PCP then hand it back? Nissan should give you a loan car to get you though. A guy I work with has had trouble with his x-trail, and they were supportive. £1500 is a lot to loose on a PCP which is probably only £200ish per month. 

the term of the PCP is another 3 years and the warranty on the car runs out in Sept. 

I don't fancy forking out hundreds of ££ every time I have to take it back to Nissan to be fixed. 

So I either cut our losses now or throw the same amount (or more) down the drain come sept when the warranty expires. 

Wazmeister

September is a fair bit away, so why not get all the repairs done under warranty ?

The warranty and finance are two completely separate issues, and the one does not impinge on the other. 

joneve

Wazmeister said:

September is a fair bit away, so why not get all the repairs done under warranty ?

The warranty and finance are two completely separate issues, and the one does not impinge on the other. 

I've already had the car in 4 times for warranty repairs. 

As I said, it was repaired in December for the same issue we now have yet again. I'm concerned that once the warranty expires, we'll end up with the same problems (or others), which we'll then have to foot the bill for. 

Lodious

joneve said:

Lodious said:

Can't you just run it for the term of the PCP then hand it back? Nissan should give you a loan car to get you though. A guy I work with has had trouble with his x-trail, and they were supportive. £1500 is a lot to loose on a PCP which is probably only £200ish per month. 

the term of the PCP is another 3 years and the warranty on the car runs out in Sept. 

I don't fancy forking out hundreds of ££ every time I have to take it back to Nissan to be fixed. 

So I either cut our losses now or throw the same amount (or more) down the drain come sept when the warranty expires. 

Wow, I thought PCP's only ran on new cars for 3 (or maybe 4) years? I'd speak to the dealer, then if no joy Nissan UK.... they should do something to help out. 

mgaw

personally I cannot bear a car that is problematic...so if all else failed I would take the hits and change it to something more reliable...feel your pain though, privately owning and running a car is at worst a total fucking ballache, but compared to walking everywhere its great

wibble

This links to his consumer rights FAQ...

https://www.honestjohn.co.uk/askhj/answer/54873/can-i-reject-a-car-that-s-subject-to-a-pcp-agreement-

How it's interpreted and applied to your case would require professional advice. Worth a read anyway.

Do you have access to a legal helpline as part of an insurance/banking product?

joneve

Lodious said:

joneve said:

Lodious said:

Can't you just run it for the term of the PCP then hand it back? Nissan should give you a loan car to get you though. A guy I work with has had trouble with his x-trail, and they were supportive. £1500 is a lot to loose on a PCP which is probably only £200ish per month. 

the term of the PCP is another 3 years and the warranty on the car runs out in Sept. 

I don't fancy forking out hundreds of ££ every time I have to take it back to Nissan to be fixed. 

So I either cut our losses now or throw the same amount (or more) down the drain come sept when the warranty expires. 

Wow, I thought PCP's only ran on new cars for 3 (or maybe 4) years? I'd speak to the dealer, then if no joy Nissan UK.... they should do something to help out. 

Yea, it's a total of 4 year agreement, and we're only 12 months in. 

Old man is taking our car up to their Skoda dealership in Coventry tomorrow for a valuation to see if they can do us a decent deal on a new Kodiaq and they'd take in the Nissan as a PX and try to make the numbers work to soften the blow as much as possible in terms of what we owe. 

joneve

wibble said:

This links to his consumer rights FAQ...

https://www.honestjohn.co.uk/askhj/answer/54873/can-i-reject-a-car-that-s-subject-to-a-pcp-agreement-

How it's interpreted and applied to your case would require professional advice. Worth a read anyway.

Do you have access to a legal helpline as part of an insurance/banking product?

Thanks mate, I probably have, so I'll take a look! 

shuikit

wrong thread!