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Nissan parts faliure and subsequent breakdown in Germany


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Hello all,

 

Thankyou for taking the time to read this and hopefully helping me,

 

I recently had a pinion seal fitted to my Navara at a Nissan Garage in Wellington Somerset. The following week I drove to Germany for leave. I drove back (or started to) on saturday (just gone) and about 150 mile into the journey I started smelling burning oil. I pulled over and saw the transfer box was leaking badly. After several hours of waiting with my wife and son (1 yrs old) the breakdown arrived and diagnosed the fault as the pinion seal.

 

By this time it was late saturday night and in a town called Wankum I had little choice but to leave the vehicle at the garage and arrange onward travel myself.

 

The garage said the car would be fixed by the following Saturday so I booked flights to get my family home (so we could work) and a flight back to collect the car. I also paid £10 to change my ferry crossing

 

Nissan have been very unhelpful. I have been pushed from pillar to post betweeb Nissan Wellington Nissan UK and Nissan Germany

 

No one wants to help and Nissan UK even said I may not even be covered for parts warranty. I have written an email to the MD of Nissan UK and have just emailed the owner of Wellington Motors but I am worried non of my expenses will be coivered.

 

Has anyone else had any experience like this? are they likely to refuse to pay and would it be worth taking it to a small claims court?

 

Any help would be greatly appreciated and if you want more information let me know I will send it right away.

 

Thanks again

 

Dave

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Hi dave

 

Welcome to CAG

 

You've written to the following:-

 

'I have written an email to the MD of Nissan UK and have just emailed the owner of Wellington Motors but I am worried non of my expenses will be coivered.'

 

Lets see what they say before considering other options.

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hi,

 

I have had a response from the generic Nissan UK email saying it has been passed to my case manager, I have thanked them and asked for confirmation it has also been recieved by the MD as yet no reply

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The car is a 55 plate and has high mileage!

 

The email I have just had from the directors office at Nissan UK:

 

 

Case Reference Number: 1-496679939

 

I have discussed your concerns with a colleague, to gain clarity on our position in relation to this matter.

 

As I suspected, the contractual obligation between Nissan / Wellington Motors and yourself is that of the warranty on the pinion seal repairs that were completed a few weeks prior. This warranty covers against defects in manufacture and the workmanship associated with the repair work. This warranty does not cover any losses that you may incur as a result of a breakdown.

 

Had the breakdown occurred in the UK, Nissan would not have been responsible for recovering the vehicle to the nearest Nissan dealer, but we would have diagnosed the fault and submitted the relevant warranty claim for approval. I appreciate the inconvenience and financial implications of a breakdown while abroad, but neither Nissan or Wellington Motors would be able to offer reimbursement for these expenses. This is something that would be covered under the terms of your breakdown cover or your travel insurance.

 

Having the repair work carried out by a non-Nissan dealer would reduce your overall costs, but goes outside of the procedure required to make a valid warranty claim on the vehicle with Nissan. With that in mind, it is unlikely that reimbursement for the repair work can be authorised on this basis.

 

Please accept my apologies if this email is frank and to the point, but I feel that transparency is important so you know where we stand on this matter so you can make an informed decision about how to proceed.

 

Yours sincerely

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The response I have had from Nissan Wellington

 

Good afternoon Mr xxxxxxx

I am sorry to hear of the issues you have experienced with your Nissan Navara. Michael Finn has passed on your email and Nissan customer services where in contact with me on Monday to gather some information.

 

I can confirm that we replaced the transfer box oil seal on the 14th September 2014 at your request. I am sorry for the delay in returning your telephone call on Monday morning. From your email I gather that the information that my colleague gave to you on the telephone was not clear, I am sorry for this. I have spoken with Amy (Service advisor) to get to the bottom of the issue. From my understanding Amy was not trying to say that she was unable to deal with a parts warranty concern, but she is unable to deal with any compensation or issue with a vehicle that is in a different country. She advised you to contact Nissan customer services as the whole of the European Nissan customer service team is linked and therefore they would be able to speak with their German colleagues, to help resolve your issue. I am sorry that this advice has not resulted in resolving this issue.

 

As you are aware the work completed by Wellington Motors does come with a 12 months parts warranty. The issue we face at present is that your vehicle is not currently in a Nissan authorised repair centre. My advice would be to have the vehicle recovered to a Nissan Authorised repair centre for them to complete the work. If the issue is found to be a faulty oil seal then I would see no reason as to why Nissan customer services would not cover the cost of the repair. I have no reason to believe any faulty workmanship is to blame. If there was an issue with workmanship I would expect to see an issue a lot sooner. A further concern that I have is, why have two oil seals have failed on your vehicle? Looking at the age and millage of the vehicle I would be concerned that there may be an issue with the transfer box. Is one of the breather pipes blocked or another issue that is creating too much pressure inside the transfer box?

 

I am sorry that you have spent money to return your family home and to have the vehicle recovered to the garage. Wellington Motors will not pay any compensation or out of pocket expenses especially as the cause of the failure is unknown. The vehicle needs to be recovered to a Nissan authorised repair centre and the cause of the failure to be identified.

 

If you have any further questions then please do not hesitate to contact me and I am more than happy to speak with the German Nissan dealer if they have any concerns or questions.

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When did you buy the car and how did you pay for it?

 

 

The car is a 55 plate and has high mileage!

 

The email I have just had from the directors office at Nissan UK:

 

 

Case Reference Number: 1-496679939

 

I have discussed your concerns with a colleague, to gain clarity on our position in relation to this matter.

 

As I suspected, the contractual obligation between Nissan / Wellington Motors and yourself is that of the warranty on the pinion seal repairs that were completed a few weeks prior. This warranty covers against defects in manufacture and the workmanship associated with the repair work. This warranty does not cover any losses that you may incur as a result of a breakdown.

 

Had the breakdown occurred in the UK, Nissan would not have been responsible for recovering the vehicle to the nearest Nissan dealer, but we would have diagnosed the fault and submitted the relevant warranty claim for approval. I appreciate the inconvenience and financial implications of a breakdown while abroad, but neither Nissan or Wellington Motors would be able to offer reimbursement for these expenses. This is something that would be covered under the terms of your breakdown cover or your travel insurance.

 

Having the repair work carried out by a non-Nissan dealer would reduce your overall costs, but goes outside of the procedure required to make a valid warranty claim on the vehicle with Nissan. With that in mind, it is unlikely that reimbursement for the repair work can be authorised on this basis.

 

Please accept my apologies if this email is frank and to the point, but I feel that transparency is important so you know where we stand on this matter so you can make an informed decision about how to proceed.

 

Yours sincerely

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Hi David

 

Bearing in mind what Wellington Motors has said in their email regarding the seals and the work they carried out, they are basically saying, they carried the work correctly, the Goods and Services Act 1982 might apply.

 

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

 

You had the 'pinion seal fitted' to your Navara at a Nissan Garage in Wellington Somerset, how did you pay for that?

 

Debit Card or Credit Card?

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Hi, thank you for helping. I will have a read through that tonight.

 

I paid by credit card.

 

 

I have since spoken to Wellington and told them as a last resort I will take this to small claims. They said if I get my car to a nissan garage and it is the part or labour at fault they may talk about paying some expenses but he also said it is unlikely?

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You will need to show that the damage to the seal was not caused by a fault with the box. As they say, if there is a breather, was this blocked, is the shaft out of true or balance so it damaged the seal.

If all is fine with the transfer box, then you can claim consequential damages against the supplier of the seal. It is up to them to show there was 'not' a fault with the seal and not for you to show there was.

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Hi David

 

You paid for the repair using a Credit Card, you could contact your Card Provider ask to carry out a Section 75 claim. You will need to provide proof / details of the fault etc Send them any reports etc You should be able to claim your expenses too.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

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Under Section 75 you can claim consequential losses. The Credit Card company will play hardball, but they need to be pushed.

 

But that will only get back the money he paid for the seal and labour, it's the consequential losses that are of the most concern.
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