Brand New Gearbox broken (again) just outside warranty

Grantyyy

Hi, I appreciate all/any advice on this matter

Almost 18 months ago the gearbox on our MGF Steptronic broke, it's a semi automatic box meaning that its just about impossible to abuse as the car overrides even the manual changes (paddle shifts) which we never bothered with anyway, problem is they also cost a lot if they break which from my research isn't a very common problem, we paid a local garage almost 2 grand and they supplied and fitted us a gearbox which is all the invoice states, they told us it was new, problem is lightning has struck yet again and now the new one has broken a couple of weeks back and its out of it's 12 month or 12000 mile warranty but has only covered 5000 miles.

I called trading standards earlier and they said that we can assume rights for 6 years and to write to the garage stating 'the supply of goods and services act 1982' as the goods supplied were not of satisfactory quality and to ask for a long term fix or a full replacement.

I have also been on a few MG forums where there are some real enthusiasts and even ex-rover mechanics and they all say that there's no way a brand new box should be breaking down after only 5000 miles, especially one which cannot be abused and I've been told that I should expect at least 5 times that even from a reconditioned box which brings me to my next point.

The people on the forums told me I should be questioning whether the box is actually new and so I did, the lady on reception didn't like it but said "I assure you it's new", but later in the converstaion I thought she mentioned reconditioned but it never clicked at the time probably as she had told me it was new!.
What I would like to know is shouldn't the invoice state reconditioned on it if that is the case? as if you go to the shops and buy various items the receipt rarely states new as you come to expect it to be, surely though if something isn't new it sholud be stated in order to be clear! the guy at trading standards sounded unsure but said it could be difficult to prove they told us it was new and didn't give me an answer as to whether the receipt should state New or reconditioned.

The first time it broke I remember reading on a forum somewhere that a good gearbox mechanic could age a box to within ten thousand miles and given that this is meant to be brand new I would guess it shouldn't be too difficult to distinguish between 5000 and 20000+ but I bet it'd cost a fair whack if it is possible, I could probably find a specialist through the forums but if they did give us written confirmation that the box is new then I'm still unsure if it would be worth doing so.

The flip side of this is that the people on the MG forums (some of whom used to build these cars) say even a reconditioned box should be expected to cover far more than what this box has done (5000 miles) so doesn't that ease the situation if they do try to fob us off as the goods supplied are still well under the quality that anybody would expect them to be, right. I am going to write to them later and post tomorrow so any advice is much appreciated as we really can't afford to get it fixed, the total loss would stand at upto £5000 which is money most would see as money towards their next car, with 45000 on the clock it's too young for the scrap heap :A which is where it will likely end up if we don't win this I'll post the outcome of their reply but whatever it is i'll fight this all the way as that gearbox or the fitting has badly let us down.

Mankysteve

Unless its NOS stock I would suspect there no longer making those gearboxes for them to get a new one.

I think you need to get the car looked at by an independent third party, as under SOGA it been over 6 months since your brought it so it down to you prove the fault is inherent with the item. They should also be able to give you an idea as to whether the gearbox is a reckon or not.


On a side
My parents had a problem with a gear box on there old car it went they had it reconditioned it went again just outside the warranty period our regular garage just charged them for parts. the second time and it one of the chain named garages as well, but they got rid of the car soon after.

Brooker_Dave

Grantyyy wrote: »

we paid a local garage almost 2 grand and they supplied and fitted us a gearbox which is all the invoice states,

we really can't afford to get it fixed, the total loss would stand at upto £5000 which is money most would see as money towards their next car, with 45000 on the clock it's too young for the scrap heap :A which is where it will likely end up if we don't win this

So you paid almost £2k but are hoping for £5k back?

Grantyy

Brooker_Dave wrote: »

So you paid almost £2k but are hoping for £5k back?

No sorry the info I left out was that we spent just about 2 grand and the garage apparently sold the other gearbox for 500, that was our property so we spent 2500, if the garage refuse our claim and we have to do the same again then thats another 2500 yet the car isn't even worth 4 grand anymore.

The actual amount the box has covered is actually 6317, which is absolutely nothing to a new box
We are still awaiting reply from the garage but I have threads running on various MG sites and needless to say everybody thinks that 6317 is unreasonable and oppinions seem to be that a new gearbox should last at least 100'000 miles, they are in comparison with the engine as a major part and some even say it should last the life of the car, personally I think anything below 30'000 miles is certainly unacceptable.

I'll post back when we have more news