Gearbox went on car bought 2 months ago

rennies

Renault Scenic 2005, bought from dealer with a Warranty 2000 three month warranty for peace of mind....


Gear box went 2 weeks ago, warranty said they wouldn't fix it as wear and tear. Spoke to dealer and threw the SOGA at them, they haven't seemed bothered, so I put in writing as per CAB stating my rights and burden of proof being on them to prove they have sold me a duff car. It cost 1700 and would cost 1450 to repair (gearbox took the clutch with it).


Wondered if anyone had any advice or success stories about taking a dealer to small claims.

visidigi

Whats the mileage and condition of it?

SOGA is all well and good, but if it is general wear an tear you will struggle...

wealdroam

rennies wrote: »

Spoke to dealer and threw the SOGA at them, they haven't seemed bothered, so I put in writing as per CAB stating my rights and burden of proof being on them to prove they have sold me a duff car.

The burden of proof is actually on them to prove that the vehicle was not defective at the point of sale.

If they can prove beyond reasonable doubt that the fault is due to fair wear and tear, then you have no claim under SoGA.

The price paid also needs to be considered.

As it says in MSE's Consumer Rights Guide:

Second-hand or 'on sale' doesn't mean second-rate

Even if the item's second-hand or reduced, it doesn't mean you get second-rate consumer rights, except where the seller pointed out the specific problems before you bought.
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It's worth stressing that the second-hand price will be taken into account, so if you buy a car for a fiver, you wouldn't expect it to run normally.

What about the warranty you mention?
Have you looked into that?
Although now that you have upset the dealer, you may not get his help with pursuing that.

CKhalvashi

This one will be highly dependent on the mileage of the car and when the clutch was last replaced (if applicable)

First clutch, 9 years old car, I'd say on the face of it is reasonable. We need more info,

CK

mattyprice4004

CKhalvashi wrote: »

This one will be highly dependent on the mileage of the car and when the clutch was last replaced (if applicable)

First clutch, 9 years old car, I'd say on the face of it is reasonable. We need more info,

CK

But the clutch isn't the problem. It's the gearbox that has failed.

CKhalvashi

mattyprice4004 wrote: »

But the clutch isn't the problem. It's the gearbox that has failed.

Again, it will depend on mileage. I've seen a '52' plate Scenic (and actually drove it yesterday) with nearly 400k on the clock, but that car has spent most of its life on the motorway.

At maybe 120-150k miles, that would potentially be reasonable to break if the car has been used predominantly around town.

CK

Dave101t

the burden of proof being the mot? so it passes.....

NewUserHere

Dave101t wrote: »

the burden of proof being the mot? so it passes.....

MOT is irrelevant. Certainly not proof a component is faulty - especially when that component doesn't form parts of the safety checks.

NewUserHere

Whoever quoted £1450 is trying to mug you off! Or a main dealer.

I'm thinking..

Gearbox £350-£400
Clutch kit £60-£90
Labour 4 hours inc vat (took our garage 3 hours to replace a clutch in a focus which requires removal of gearbox so can't imagine much more time needed) £200

= £610 - £690

If you bought the gearbox from a reputable breakers yard i'm betting this price would be brought down by another £300.

rennies

Mileage is 87k. Wear and tear with 2 months of driving since I bought it, and maybe done 700 miles in it?


I know I could get it fixed a bit cheaper, pay cash, buy a 2nd hand gearbox on ebay etc etc but this was the price the garage (a good one, checked them out) have quoted for the entire job, to be done properly.

bod1467

IMHO a gearbox would be expected to last far longer than 87k miles. For a 2005 vehicle this is about average mileage (maybe slightly lower).

Is there a mileage history for the vehicle? As in is there evidence of usage profile? (Lots of short journeys will be harder on a gearbox, and clutch, then fewer long journeys).

PS - the wear and tear comment doesn't relate to YOUR usage, just the expected general condition for a vehicle of that age and miles. And this needs to be taken into account.