Need Some Real Help

[geoff-r]

Hi guys, I know you're probably sick of hearing about my car problems by now but I need some real advice regarding my car and my position with Nissan now. There's a thread below this pretty much explaining the problems I've had. Just incase you can't spare the time to read up on the thread here is a quick recap:

 

November 09 - took my car to Nissan for small warranty work and investigation on a whining noise in the gearbox, Nissan dealer ask Nissan for new gearbox, Nissan refuse.

April 10 - car to Nissan for service armed with an independent report regarding gearbox fault. Gearbox removed and found to be faulty. Dealer request new gearbox, Nissan refuse instead offering parts to rebuild the box.

May 10 - car returned to me, original problem solved, new problem created, car pops out of 5th gear and grinds into it. Car returned to Nissan dealer.

June 10 - car returned to me after yet more parts being replaced. Now the car grinds heavily into 6th gear, yet another problem that was never there has reared it's ugly head.

 

Just to reiterate the car is an 07 350 with 19k miles on it.

 

Now I have got the car back, driven it extensively to assess the problem and it is there all the time. I called the Nissan dealer today asked to speak to the Service Manager but was told he wasn't around so waited on a call back but never got one, love it when they do that So called a friend of the family that is an engineer and does reports on cars. He did the original report on my car that got Nissan going so I've asked him to do another report on the car at my expense so that I have an independent review of the car. The only problem is now that I feel I'm getting close to exhausting all of my options I'm not sure what to do. I would really appreciate some input from you guys, I don't know how many people have gone through this kind of thing with their 350 but it really is a drain, summer's going to pass me by at this rate and some quality driving will be missed. As a last resort I will take legal action and sue Nissan but that is a last resort.

[jollyranchers]

really unlucky , cant you try another dealer ?

[Chesterfield]

Unfortunately it seems all you can do is percivere with the dealer. At least they seem to be taking the matter up with Nissan. I think the gearbox itself is covered under the warranty (is this still in effect or has it now expired).

 

I think it may be fair to say that the numerous replacements and repairs being caried out have now exceeded the cost of a new gearbox, and it would be wise for Nissan to authorise the replacement of the whole box.

 

Have you contacted Nissan customer services on the matter? It may be worth advising them that due to the numerous repairs that have only resulted in further problems arising, that you feel unless an entire new gearbox is authorised, you have no choice other than to seek legal advice and take action. (This will probably cost you at least £500+Vat for a letter or two).

 

Your contract of sale is with the dealership, so any action taken would be against them - however there is nothing to stop you copying Nissan in on the letters. After all it is them that is doing the authorising of any warranty parts.

[geoff-r]

To be honest I think they're all as bad as each other. I questioned whether this dealer had a gearbox specialist or someone that's trained in the job and their reply was that they've had the same guy for 20 years and he's great. I don't believe them. I don't really want to have to start all over again with another dealer. It's just becoming too much to be honest. This is a fundamental problem with the way Nissan and their dealers operate, they are failing their customers through cost saving. I can hardly blame them for trying to streamline their operations and get by on the doing the bare minimum, it's how many businesses operate in this tough climate but what they have done with my car has backfired on them. Apparently the parts replaced are roughly the same as the cost of a new gearbox, well surely in the first place a new gearbox should have been put in for the sake of a few pounds

[geoff-r]

Thanks for the info Chesterfield. With regards to the warranty the car is still under warranty until something like the 15th August. So just over 2 months left.

 

I contacted Nissan customer services some months ago when the car originally went to the dealer but to be honest they weren't too helpful, maybe it warrants another call this time round? I just don't see what this can achieve as Nissan UK are aware of my car as it has been in the dealers so much. It's just the fact that they seem to fix the problems and create new ones that makes me question if they are really capable of doing the job at hand.

 

And to add I didn't buy the car from new so I have no contract of sale as such with the dealer.

[Chesterfield]

You certainly do have a contract of sale. Second hand or not they sold you the goods - so under the sale of goods act it is their responsibility to ensure they are fit for purpose, a sports car with a duff gearbox would certainly classify as unfit in my opinion.

 

As you are currently taking it up with the dealer then Nissan Customer Services areprobably blisfully unaware just how annoyed you are about this. Start contacting them on a regular basis and you may find it will concentrate the mind a little on sorting this issue out once and for all

[martinmac]

I know I am a little biased toward Customer Services in some of my posts Geoff but I have always found them to be helpful when the dealers havent a clue.

 

I would suggest you give them a call and tell them that;

 

1/ You want all further correspondence to be via e-mail.

 

and

 

2/ You are a member on here.

 

If they dont give you a satisfactory response on the phone ask to speak to someone more senior, they have managers who oversee the guys you get to speak to first.

[Animal]

Agree with what Martin said.

 

Start cc'ing Nissan in on all correspondence and make up a paper file for your records. That way, any time you need to speak to the dealer you will have an accurate record. Plus, should you ever need to meet with the dealer you can take your file with you.

 

With regard to not replacing the gearbox in the first instance, pretty much every dealer I've ever dealt with starts with the smallest cheapest fix before committing more time and money to a problem.

 

I'd suggest that you read up on the Sale of Goods Act, you certainly do have a contract with the dealer, namely that in cosideration of £xx they agreed to supply you with a car. Implicit in that is that the goods they sold you were fit for purpose and free from defects as far as was reasonable to determine. Furthermore, thanks to SOGA and your warranty, the dealer has a duty to you to the effect that you have a reasonable period of discovery within which to alert the vendor to any problems encountered. You also have to give the vendor a chance to repair the car.

 

Did you buy the car on finance? If so, get the finance company involved. They have a responsibility to you; the car pretty much belongs to them until you've repaid them in full.

 

HTH,

 

Alex

[martinmac]

I also cc the 350z-uk.com e-mail address on all correspondence which may be why I had a call from Nissan UK recently about Customer Services.

[geoff-r]

Thanks for the replies guys. I've taken on the advice and given Nissan Customer Service a call. I now have a case logged as the old case I opened with them was never followed up and subsequently closed. The lady on the phone told me she would be in contact with Wessex Nissan to get the facts from them as well which I doubt would be any different to mine, the only blank they may be able to fill in is the full part list of the parts replaced. She should get back to me in 48 hours so we'll see where we take it from there. I had to stress that every time the car goes into the dealer a new problem is created so I would be eager to see what comes of that.

[geoff-r]

Alex, no I bought the car outright. I suppose if it had been financed this would have been solved a lot quicker

[geoff-r]

The phone call I was promised 48 hours after logging my case didn't come. Oh dear me, someone's going to get an ear full tomorrow when I ring them. Getting another engineer report tomorrow as well.

[martinmac]

This is crazy, they really seem to be struggling at the moment.

[geoff-r]

I'm a patient guy so I've given them the benefit of the doubt regarding a call back. I don't expect they would have been able to get much information over the weekend. If they haven't called or at the very least left a message by 5pm today I may given them a call when I finish work. I've left the car with an independent engineer today and he has identified a definite problem between fifth and sixth gear which has put my mind at rest, I didn't want to think I was imagining it! However he has stated the rest of the gearbox is spot on.

[martinmac]

You may like to mention that there are a lot of other owners watching this develop.

[geoff-r]

I might have to throw that in next time but I am slowly losing my rag with Nissan as a whole. I called them after I finished work. Got passed through to my 'case handler', although I doubt she is handling much to do with my case. I simply wanted an update and she said she had spoken to someone in Wessex called Ben. She then said that she needed to contact Wessex again, for which I have absolutely no idea if she had already spoken to them and she popped me on hold. As expected the garage was closed. I would have thought she'd know that as most Service departments shut at 5:30 and I called her at 5:45pm. So from this I actually doubt if in the 3 working days (not including the weekend) she has actually managed to contact Wessex and it might be worth it on my part to ring them and ask for a 'Ben'.

 

When she told me the Service Department was closed something snapped but I took a few deep breaths and simply said "it is like getting blood out of a stone when it comes to contacting that garage". To which I'm given the old "yes sir no sir three bags full sir". Then I proceeded to inform her that I had another independent review carried out on the car as I do not trust the dealers, that was like water off a duck's back. In short she just wanted me off the phone but I wasn't giving up. I told her that I expect Nissan to drag this out long enough that my warranty expires and it's my problem, again no real response. I feel like I am talking to a robot. Does no one real work in call centres anymore?!

 

This has played on my mind a fair amount as to whether Nissan will drag this out so long that my car goes out of warranty, but the fact of the matter is that I am fighting to have a problem rectified that the dealer has caused. It is not my fault and technically not a manufacturer defect. It is down to poor workmanship.

 

Anyway the fun and games continue tomorrow. I'm told I will be having a call from my case handler and the dealership, I was told without fail I would have a call. If I don't get one then I'm afraid it might be going down the legal route. Oh my what a mess this has become for Nissan as I will make it hell for them.

[H5]

Mentioning that there are x hundred views of your story on hear might help too - and that if you type in 350Z warranty issues into Google we're in the first 10 results.....

 

They can be pretty good when they get an incentive.

[Cragus]

Hopefully some good comes from the call mate...fingers crossed for you! Let us know how you get on!

[geoff-r]

I'm getting Deja Vu here, but at least a result. The dealer rang me this morning to say that they've been made aware of the problem by Nissan UK. He knew the problem exactly so I suspect there has been contact between the customer services and the dealer. Anyway the car is booked back into the dealer for Thursday. I hope third time round they can fix it!

[martinmac]

Hopefully the last visit mate.

[ChrisS]

Fingers and toes crossed for you mate.

[Cragus]

Fingers crossed still for you

[geoff-r]

Little update, I've been on holiday for a week in Egypt, was nice to not worry about the car for a week, plus the week off work is always nice! Anyway in my absence my old man has been speaking to the dealer and Nissan UK as I just turned the phone off for a week, I should try that more often, no phone, no internet, just a cold beer and some sun The car should be back this coming week. The gearbox fixed, I hope for the last time. But we've managed to get an extra result. The dealer have agreed to fix the scrape that they did to my front bumper, I made reference to this in one of my other posts but left it as I often find proving body damage caused by dealers as a little hard plus I had a lip to cover it anyway. But they agreed to paint the front bumper and wings as there were a few marks on them (not caused by the dealer). It's nice to have that done as I had budgeted to do that after the car came back. I just really hope when it comes back this time it's for good. I'm really itching to enjoy my car as I haven't been able to since the start of April as it has only spent a couple of weeks in my possession since then!

[H5]

Good luck with the work now!

[martinmac]

Great news Geoff.