guys i need your help/advice

[jonnyboy]

Guys
I traded my ML500 plus significant cash for a 56 plate Nissan Navara doublecab auto. It had 58000 miles on, and all round not too bad. After much scooting around I bought this one near Cardiff. We were due to go on hol a week later so its actually only had 2 weeks use/700 miles. I bought from an independent dealer, who insisted as the car was historied it was covered by nissan till the end of this year.
Today the head gasket went in normal driving (we think its gone, it cooked and blew out of the header tank, now when it is topped up it blows bubbles out of the rad, i did a sniffer test, not sure if they work on diesels, but the liquid changed colour, and it looks like there is water in the oil.

I spoke to nissan who indicate that as the fsh was actually not all main dealer they would need to see invoices etc to see if it was done to their spec, plus one went over by 5k miles so very unlikely to honour. Possible goodwill or part goodwill. The 30 day anniversary of purchase is today. I then spoke to the supplying dealer who said to put it into nissan, then he changed his mind and asked me to trailer the car to him, cheeky sod! He basically said that his friend works as a service manager at a local main dealer and he can swing things through, he recently got authorisation on an out of warranty engine replacement.

I have the car here undriveable, 140 miles from him. I have recovery who will take the car wherever but of course i am hugely concerned that once the car is over there it will take an age and its not just around the corner.

I really need your advice as i am basically no car (work car) and £11.5 k down

 

[Bobby Dazzler]

Does he still have your ML?

If so, is reversing the deal an option?

If not will he give you back the amount owed to you, and no more to be said?

 

[jaymanek]

Well technically if you are claiming from him you need to give him reasonable opportunity to rectify.

I suggest you put the ball firmly in his court.

 

[jonnyboy]

i guess what i'm asking is what sort of ammo i have should i need it if i return the car to him for repair then it drags on and on,....

 

[lil.smartie]

Legally he has to warranty the car for 3 months, but he has to prove the fault WASN'T there when sold for 6 months so he IS liable for the problem (unless you have ignored warnings on dash etc as you have to take 'reasonable care')

Miss description on history is a different matter, you might have the right to renegade on the deal, either with the ML back if possible or the amount in cash that was offered for the ML.

Put in writing that you need a car for work & ask for them to lend/fund one for you.

Kate

 

[grober]

You may want to take a look at this website. The news is not good I'm afraid. If you can get your ML back that's what I would do.
Message Board - Engine Faults D22
quote:- Nissan have now extended their warranty to 5 years or 92,000 miles after admitting that " the D22 engine has not performed to our expectations"

http://www.bbc.co.uk/blogs/watchdog/2008/10/pickup_a_problem.html

 

[A-AvantGarde]

You may want to take a look at this website. The news is not good I'm afraid. If you can get your ML back that's what I would do.
Message Board - Engine Faults D22
quote:- Nissan have now extended their warranty to 5 years or 92,000 miles after admitting that " the D22 engine has not performed to our expectations"

BBC - Watchdog: Pickup a problem?

I recall hearing about this with some Navara's too. Doesn't go hand in hand with what you would expect from a Nissan pick up.

Good luck, hope you get the right result...

 

[Sp!ke]

It doesnt sound like you'd want to keep it even when fixed after reading some of that. I did wonder why Navaras were so cheap.

The car should be under warranty from the dealer that sold it to you irrespective of any Nissan Warranty. I would politely remind him of that and ask how he envisages the best course of action would be at this stage to remedy the problem.

 

[jonnyboy]

Appers that doesnt apply to mine as its a december '06.
may send car to dealer on a truck to sort out.

 

[Baron_Samedi]

Do you have a recovery company (AA etc) that may oblige in moving your vehicle for you?

 

[grober]

Appers that doesnt apply to mine as its a december '06.
may send car to dealer on a truck to sort out.

From what you say you may well have the later modified engine with the strengthened conrods. What you can learn from the experience of others is that Nissan's attitude to owners with engine problems is not exactly helpful? It would appear that they will try to wiggle out of any " liability" for poor engine design if they can.

I then spoke to the supplying dealer who said to put it into nissan, then he changed his mind and asked me to trailer the car to him, cheeky sod! He basically said that his friend works as a service manager at a local main dealer and he can swing things through, he recently got authorisation on an out of warranty engine replacement.


From what you say this may indeed be your best recourse to get the engine rebuilt without cost to yourself, but tread carefully.

 

[jonnyboy]

(none main) dealer now not returning my calls, car hasnt left here yet as needed a day lying-on period for nissans rac cover switch of name to me. getting p*ssed off now....
thx for help so far guys

am i within my rights to ask for alternative transport while he repairs it ? it is, after all, a working vehicle, and i am needing a vehicle for work ?

 

[jaymanek]

am i within my rights to ask for alternative transport while he repairs it ? it is, after all, a working vehicle, and i am needing a vehicle for work ?

As far as i know he doesnt have to give a courtesy car.

 

[Vlad]

Jonny, make sure that when the car goes, you put everything in writing, ie the fact that you are not happy etc and that you want the car back by a given date.....don't be unreasonable, ie within 5 working days etc, but say 14 days as thats reasonable. Also get them to respond to you in writing as to what timescales they are going to work to. Send you letter by registered post.

Re Service History....in the advert for the vehicle did it say Full Main Dealer History, or just Full Service History?....if it says the former, then the information in the advert contravened Trading Standard regulations on car adverts and they are liable for mis-representation and I can assure you that Trading Standards take a very dim view of misleading adverts. If for some reason the garage start playing silly Bug*ers, you can always use this as Amo.

If the garage had any sense they would just sort it out and put it down to bad luck......by the way if you get rid of the Navara, don't consider the Mitsubishi L200 Warrior....they have an even more fragile diesel engine!!!!

 

[EDZ649]

Jonny, make sure that when the car goes, you put everything in writing, ie the fact that you are not happy etc and that you want the car back by a given date.....don't be unreasonable, ie within 5 working days etc, but say 14 days as thats reasonable. Also get them to respond to you in writing as to what timescales they are going to work to. Send you letter by registered post.

Re Service History....in the advert for the vehicle did it say Full Main Dealer History, or just Full Service History?....if it says the former, then the information in the advert contravened Trading Standard regulations on car adverts and they are liable for mis-representation and I can assure you that Trading Standards take a very dim view of misleading adverts. If for some reason the garage start playing silly Bug*ers, you can always use this as Amo.

If the garage had any sense they would just sort it out and put it down to bad luck......by the way if you get rid of the Navara, don't consider the Mitsubishi L200 Warrior....they have an even more fragile diesel engine!!!!

Where did you get that info from re the L200? They are superb, mine has just covered 70K without a hitch!

Sorry to hear about your bad luck John, hope you get it sorted quickly.

 

[Vlad]

Seen more than a few with cracked heads and boiled engines.....I suspect that you are a diligent and careful owner/driver

 

[jonnyboy]

I've heard that too Martin

Thanks so far guys. Will try him twice today and if I get nowhere will call in trading standards i think.
Don't have time for this b*lls**t

 

[saorbust]

I know it's tough - but don't get emotional or irrational about it - it will distort your judgement.

I'd speak to him as needs be, but confirm everything in writing - including your interpretation of any response given by the dealer. Ideally - fax it immediately to him after you've done it, but certainly send it by post AS WELL.

You need to build an audit trail - that should show you

- detailing the issues
- detailing your satisfactory steps to resolve the problem
- detailing any dialogue you've had with him and his response.

You should also in the first letter detail the timeline of your purchase of the car - establish a set of dates - and back it up with an invoice from the dealer.

Make it very plain, clear, but critically not emotional, and do not give any opinions, other than those where you are confirming his thoughts.

In other words do not say

'I expect etcetc, read this on the web, etc'

Do say

'the engine failed, characteristics of which are xxx and xxx. I have been advised by the RAC /AA that this is a head gasket failure'

Hope that helps.

BTW - you may also wish to copy the letter to Nissan's head office.

 

[jonnyboy]

dealer is an indi not main dealer

 

[jonnyboy]

RAC an absolute shambles.
Called them on Friday, told them car had suspect major failure ie head gasket/cracked head. Agreed with them they would truck it to indi (130 miles) on Saturday, must arrive before half four as garage closes. They agree to pick up between 7.30 and 8.30am.
Patrolman rang me at 7.45 "im on my way to look at your fault"
"why?? truck supposed to be coming not patrol"
"oh ....will check and ring back, by the way you arent covered with us"
"i was when i spoke to you for a name change policy on tuesday........"
"oh..."
8.25am "hello i am a patrolman with RAC i need to look at your vehicle, am on way " (different guy)
"what?!?!? you're supposed to be sending a truck"
"oh........"
"you have 5 mins then i'm going out"
"see you in 3"
To his credit he got straight here in a Transit van, and straight away apologised. Seemingly the recovery driver booked didnt start shift till 11am, so he said give me keys and i will wait for them.
Got home 445pm, car long gone, phew.
Or so I thought.....
5pm, "hello I am recovery driver, have your navara but its 5pm, worried garage will close soon"
"where are you"
"services, 60 miles from cardiff"
"what?!?!!? "
"car was passed to me truck to truck an hour ago but i was up to 4 hrs driving so had to do my break for the tacho first, not my fault"
"you'd better ring the dealers mobile and ensure he's there, he will go mental"
5.30pm, "i've spoken to him they are closed. We will secure compound it overnight and he will receive it tomorrow (sunday) am, he knows its not your fault".
"cheers"

Today 11am voicemail "hello its rac we have a patrolman coming to you to look at your fault, we will be there by 11.15am"
me "grrrrr i'm not ringing them"
11.45am voicemail "its rac again our subcontractor cannot find you" (remember the car is in a compound 70 miles away not with me)
11.50am "hello its rac s/contractors, just letting you know we dropped car at *******" 5 mins ago."

A total miscommunication farce.

On the upside, the driver last night (who i didnt shout at, it wasnt his fault) sid that the indi had insisted that they get the car to him early today as it was booked into main dealer in cardiff monday first thing, which is a good sign as it was unsolicited information.