X trail cvt woes where from here
Discussion
Wife wanted a new car March this year.
Found a car she liked 2018 x trail 2wd auto purchased from national used car chain. Picked car up 8th of April 64k full service ect lovely jubbly.
Fast forward to August this year notice gear box being restrictive and overall not feeling to great (even in terms of cvt slushbox) rang supplying dealer 2nd sep all booked in for mid sep.
Phone call from dealer saying they've looked there's a problem with the gearbox advise taking car to nissan as may just need an update.
Car booked in with nissan for 18th Nov as nearest available slot.
Car goes to nissan. Confirm the worst cvt is goosed swarf in oil etc.
Warranty provided are saying even swarf in fluid etc is not acceptable they now want the cvt gearbox taken completely apart to pin point exact fault something nissan is unwilling to do.
The warranty company is not covering any diagnosis cost so.
Nissan are telling me this is very unusual from the warranty company to require such a breakdown of the gearbox as it is clear in imagery they've sent said company the the gearbox is in need of replacement.
I for obvious reasons am now stuck. Nissan refusing to go any further an warranty company refusing to pay claim.
Where would you go from here? The car is financed through black horse if this makes any difference.
Is there any extra clout seeing as the fault developed within the first 6 months or am I too far down the line
Appreciate this is very long winded and a very familiar topic on pistonheads.
Found a car she liked 2018 x trail 2wd auto purchased from national used car chain. Picked car up 8th of April 64k full service ect lovely jubbly.
Fast forward to August this year notice gear box being restrictive and overall not feeling to great (even in terms of cvt slushbox) rang supplying dealer 2nd sep all booked in for mid sep.
Phone call from dealer saying they've looked there's a problem with the gearbox advise taking car to nissan as may just need an update.
Car booked in with nissan for 18th Nov as nearest available slot.
Car goes to nissan. Confirm the worst cvt is goosed swarf in oil etc.
Warranty provided are saying even swarf in fluid etc is not acceptable they now want the cvt gearbox taken completely apart to pin point exact fault something nissan is unwilling to do.
The warranty company is not covering any diagnosis cost so.
Nissan are telling me this is very unusual from the warranty company to require such a breakdown of the gearbox as it is clear in imagery they've sent said company the the gearbox is in need of replacement.
I for obvious reasons am now stuck. Nissan refusing to go any further an warranty company refusing to pay claim.
Where would you go from here? The car is financed through black horse if this makes any difference.
Is there any extra clout seeing as the fault developed within the first 6 months or am I too far down the line
Appreciate this is very long winded and a very familiar topic on pistonheads.
Google CRA 2015 and read about your rights as a consumer against the seller as that is who you have the contract with.
Simply put within 6 months of date of purchase the fault is deemed to have been there at point of sale and the onus is on the seller to prove otherwise.
You notified the seller of the fault on 2 Sep which is within the 6 month window. Dealer also looked at the car and confirmed there was a fault with the gearbox, again within 6 months.
This from https://www.thecarexpert.co.uk/rejecting-a-car/#3-... but there are many other sources.
Final right to reject – the first six months
If you have had the car for more than 30 days but less than six months, you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle.
If you part-exchanged your old car on the new one, you will not get it back. Instead, you will get a cash value for the new car. However, unlike the short-term right to reject, it may not be the full value.
In this instance, the dealer is able to claim a reduction in the value of the vehicle. This is based on the mileage covered and time elapsed. There is no guidance on how much they can charge you, so be prepared to negotiate this with the dealer. If it goes to court, the judge will decide.
As above, it is the dealer’s obligation to collect the vehicle under the Act. You cannot be charged for return costs or be forced to return the vehicle yourself.
Simply put within 6 months of date of purchase the fault is deemed to have been there at point of sale and the onus is on the seller to prove otherwise.
You notified the seller of the fault on 2 Sep which is within the 6 month window. Dealer also looked at the car and confirmed there was a fault with the gearbox, again within 6 months.
This from https://www.thecarexpert.co.uk/rejecting-a-car/#3-... but there are many other sources.
Final right to reject – the first six months
If you have had the car for more than 30 days but less than six months, you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle.
If you part-exchanged your old car on the new one, you will not get it back. Instead, you will get a cash value for the new car. However, unlike the short-term right to reject, it may not be the full value.
In this instance, the dealer is able to claim a reduction in the value of the vehicle. This is based on the mileage covered and time elapsed. There is no guidance on how much they can charge you, so be prepared to negotiate this with the dealer. If it goes to court, the judge will decide.
As above, it is the dealer’s obligation to collect the vehicle under the Act. You cannot be charged for return costs or be forced to return the vehicle yourself.
calum199-1 said:
Wife wanted a new car March this year.
Found a car she liked 2018 x trail 2wd auto purchased from national used car chain. Picked car up 8th of April 64k full service ect lovely jubbly.
Fast forward to August this year notice gear box being restrictive and overall not feeling to great (even in terms of cvt slushbox) rang supplying dealer 2nd sep all booked in for mid sep.
Phone call from dealer saying they've looked there's a problem with the gearbox advise taking car to nissan as may just need an update.
Car booked in with nissan for 18th Nov as nearest available slot.
Car goes to nissan. Confirm the worst cvt is goosed swarf in oil etc.
Warranty provided are saying even swarf in fluid etc is not acceptable they now want the cvt gearbox taken completely apart to pin point exact fault something nissan is unwilling to do.
The warranty company is not covering any diagnosis cost so.
Nissan are telling me this is very unusual from the warranty company to require such a breakdown of the gearbox as it is clear in imagery they've sent said company the the gearbox is in need of replacement.
I for obvious reasons am now stuck. Nissan refusing to go any further an warranty company refusing to pay claim.
Where would you go from here? The car is financed through black horse if this makes any difference.
Is there any extra clout seeing as the fault developed within the first 6 months or am I too far down the line
Appreciate this is very long winded and a very familiar topic on pistonheads.
Just curious, is the warranty provider rac ….. it’s the kind of daft thing they wantFound a car she liked 2018 x trail 2wd auto purchased from national used car chain. Picked car up 8th of April 64k full service ect lovely jubbly.
Fast forward to August this year notice gear box being restrictive and overall not feeling to great (even in terms of cvt slushbox) rang supplying dealer 2nd sep all booked in for mid sep.
Phone call from dealer saying they've looked there's a problem with the gearbox advise taking car to nissan as may just need an update.
Car booked in with nissan for 18th Nov as nearest available slot.
Car goes to nissan. Confirm the worst cvt is goosed swarf in oil etc.
Warranty provided are saying even swarf in fluid etc is not acceptable they now want the cvt gearbox taken completely apart to pin point exact fault something nissan is unwilling to do.
The warranty company is not covering any diagnosis cost so.
Nissan are telling me this is very unusual from the warranty company to require such a breakdown of the gearbox as it is clear in imagery they've sent said company the the gearbox is in need of replacement.
I for obvious reasons am now stuck. Nissan refusing to go any further an warranty company refusing to pay claim.
Where would you go from here? The car is financed through black horse if this makes any difference.
Is there any extra clout seeing as the fault developed within the first 6 months or am I too far down the line
Appreciate this is very long winded and a very familiar topic on pistonheads.
Also - has the gearbox been serviced - I think it’s possibly every 54k
May be worth asking the Nissan dealership if there are actually any instructions or otherwise around stripping the transmission. If the manufacturer themselves state to the effect of "In event of transmission fault/failure, there are no end repairer replaceable components and the entire assembly must be renewed", this could be used as leverage against the warranty company.
As above though; has it been serviced as per manufacturer schedule? Some are "Sealed for life" but if the manufacturer specifies a transmission service & this hasn't been done, or done late, the claim will no doubt be instantly rejected.
As above though; has it been serviced as per manufacturer schedule? Some are "Sealed for life" but if the manufacturer specifies a transmission service & this hasn't been done, or done late, the claim will no doubt be instantly rejected.
Also just to add, don’t waste your time with Nissan, go to a gearbox company, they will no doubt know why it’s failed and can strip them very quickly. But the terms of the warranty will be until it’s diagnosed the costs are on you until it’s apart and the warranty company agree to pay.
It’s why we avoid them.
It’s why we avoid them.
mcpoot said:
ADJimbo said:
What s the mileage difference from purchase to the vehicle being presented for initial inspection?
What's the reason for this question?Scenario One
The vehicle may have done 3,000 miles in total during the period in scope (circa 34 weeks) on very light family duties.
Scenario Two
The vehicle may have done 51,000 miles during the period in scope (circa 34 weeks) as the OP’s wife is a freelance self-employed sales agent, selling high-end sunglasses to independent opticians on a nationwide basis.
You’d go about approaching the two different scenarios in two very different ways to achieve the same resolution.
Until you know the facts, it’s foolhardy to offer advice.
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