Should the dealer pay to fix my faulty 2010 Nissan Pathfinder?

I own a 2010 Nissan Pathfinder 2.5DCi Tekna with 41,000 miles on the clock. Recently I've had an intermittent engine light come on - this has been diagnosed as P0744 Code. My local Nissan dealer has told me the car needs a new torque converter at a cost of £2500. The car may also need a new transmission control module (no cost for this yet) and they've charged me £50 for the pleasure of diagnosing this fault.

I've also had it confirmed by Nissan UK that it's nothing I've done to the car, it's a manufacturer’s defect. Surly on this basis they should replace the unit. Are manufacturers' parts not covered for up to 10 years?

Asked on 7 October 2013 by colin1034

Answered by Honest John
The most you can push for under SOGA is six years and your action has to be against the dealer who sold you the car. You cannot take action against the manufacturer. So I think you need to inform the dealer that you will be suing him in the small claims track of the county court for the transmission repair on the grounds it was not of satisfactory quality in the first place, quoting Clegg v Olle Andersson, House of Lords, 2003. The dealer may then start begging for help from Nissan and you may get somewhere.

Law here: www.honestjohn.co.uk/faq/consumer-rights/
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