England – Rejecting financed used car under Consumer Rights Act after serious faults within first 30 days
I'm looking for views on my legal position regarding rejection of a financed used car.
I purchased a 2024 Nissan X-Trail e-POWER from a Nissan main dealer for £22,973 on 31 January 2026 using finance through Nissan Financial Services.
Timeline:
- 17 February (17 days after purchase): First fault occurred and was reported to the dealer (loud squeaking noises during turning)
- Due to availability, the dealer booked the vehicle in for inspection on 11 March.
- 9 March: Before that inspection could take place, the vehicle suffered a major fault. It entered "Turtle Mode", displayed multiple warning lights (including HEV/hybrid warnings), lost power and became undriveable.
- The RAC recovered the vehicle to the Nissan dealership.
- The RAC carried out a diagnostic scan and recorded multiple fault codes affecting various systems including the hybrid system, power supply, braking systems and communication networks.
- The RAC cleared the codes to allow recovery of the vehicle and provided me with a written diagnostic report.
The dealer kept the vehicle for approximately a week but later stated they could not replicate the fault and found no issues. The vehicle was returned to me.
I subsequently experienced intermittent issues with the ventilation/air-conditioning system and gave the dealer a further opportunity to inspect the vehicle. Again, they reported "no fault found".
I attempted to reject the vehicle under the Consumer Rights Act 2015, as the initial fault was reported within the first 30 days of ownership and the vehicle later suffered a complete breakdown. I have concerns that this is likely to occur again – therefore have little faith in the vehicle reliability long term.
I then complained to Nissan Financial Services (who funded the purchase and are jointly liable). They initially appeared to rely on the dealer's position. I provided them with the RAC diagnostic report showing the fault codes recorded at the time of the breakdown.
Their final response rejects my complaint. Their position is essentially that:
- the dealer could not reproduce the faults;
- no faults were present when inspected;
- therefore the vehicle is not proven to be faulty.
My position is that:
- the faults arose and were reported within the first 30 days;
- the vehicle suffered a complete loss-of-power breakdown requiring recovery;
- there is independent contemporaneous evidence from the RAC showing multiple fault codes;
- a later inability to reproduce intermittent electrical/hybrid faults does not mean the faults never existed;
- Nissan Finance has effectively preferred the dealer's opinion over independent evidence.
I have now escalated the matter to the Financial Ombudsman Service.
My questions are:
- Does reporting the first fault within the first 30 days strengthen my right to reject even though the breakdown itself occurred later while waiting for the dealer inspection?
- How much weight would a court or Ombudsman typically give to an independent RAC diagnostic report compared with a dealer's later "no fault found" assessment?
- Does Nissan Finance's reliance on the dealer's conclusions, despite being provided with the RAC report, appear reasonable?
Any views would be appreciated.