Used car - gearbox needs replacing after less than 6 months

AJXX

Hello, looking for some help with this.

Family member purchased the car (a skoda 2004 model) from a garage less than 6 months ago and paid around 2k. Unfortunately the gearbox seems to have completely failed and we're now looking at several hundred pounds for a new one.

At the time the car was sold the dealership assured us it was 100% perfect, it was also low miles (around 40k).

I'm under the impression we have a claim under SOGA as it hasn't lasted a "reasonable" amount of time. I just wanted to get some advice before contacting the dealership.

Spank

Assuming (as you haven't said otherwise) it's the original box, 10 years is reasonable time to last.


Why, if you didn't buy the car are you contacting the dealership?

arcon5

Is there any service history with the car?
If not, 10 years for a gearbox sounds alright to me.

AJXX

arcon5 wrote: »

Is there any service history with the car?
If not, 10 years for a gearbox sounds alright to me.

No service history.

I did want to check here before contacting garage it was purchased from (I'm doing the leg work since the family member who's car it is is currently unwell). When I said dealership above I just meant the garage we got it from.

Do we have any comeback? I'd assume that a major mechanical failure after less than 6 months is not "fit for purpose" but I guess given the car is 10 years old that could be considered reasonable and we're just unluckily?

visidigi

You're unlucky.

10 years old, no service history, £2k, okay mileage is low at 40k for the age, but still think you're been unlucky.

Just as a side question, you have checked that mileage out as being valid right?

No service history would have definitely meant I would have been HPI'ing before buying.

[Deleted User]

Always, without exception, get an independent mechanic to check a car before spending such a large sum of money on it.

I suspect the car will have been clocked (a mechanic would have spotted this) and he may well have noticed the engine was showing signs of wear and tear not explained by the mileage, possibly that the gear box was going to fail (although possibly not as its six months down the line). I mean, who believes anything a car dealer says? They are hardly going to tell a purchaser the car is an old banger that hasn't been looked after and will likely need a major repair in six months!

I'm afraid I doubt very much the people you know have any come back at all.

I learned a lesson, car passed HPI tests, seemed fantastic, until a mechanic inspected it. It had been clocked and had been in a crash, repaired off insurance. Car dealer (although he must have known) of course, denied all knowledge. Thank goodness we found this out through getting a mechanic to inspect it before we bought it. No doubt we would have purchased it otherwise.

bris

To be fair 6 months ago the car was 100% perfect or you would have had trouble long before now.


At 10 years old it's just a money pit, fair wear and tear is no ones fault and the real cost of motoring.

arcon5

AJXX wrote: »

No service history.

I did want to check here before contacting garage it was purchased from (I'm doing the leg work since the family member who's car it is is currently unwell). When I said dealership above I just meant the garage we got it from.

Do we have any comeback? I'd assume that a major mechanical failure after less than 6 months is not "fit for purpose" but I guess given the car is 10 years old that could be considered reasonable and we're just unluckily?

IMO
yes it's lasted a reasonable length of time
and yes you are quite unlucky

You are right it's now not fit for purpose, but whether this is because it was inherently 'faulty' or because it's subjected to fair wear and tear is what matters. And sadly I think the general consensus would be it's wear and tear.

However, no harm in contacting the garage that sold the car anyway. They may send you packing or they may offer some goodwill - whether that be a significant discount or what. Don't ask, don't get and all that

George_Michael

bris wrote: »

To be fair 6 months ago the car was 100% perfect or you would have had trouble long before now.

So because it appeared to be perfect 6 months ago that means that it must have been perfect?
You do know what an inherrent fault is don't you?

Luckily the law doesn't look at it the same way otherwise any consumer would have no chance of a remedy under the SOGA if goods failed more than 6 months from purchase. as any retailer would simply say that "if it wasn't 100% perfect when sold, it would have failed long before now"


I also think that in this case it's probably fair wear and tear on the gearbox but that doesn't mean that your statement above is correct.

bod1467

Taking age out of the equation ... SOGA says that if goods fail, then within 6 months from purchase it is for the seller to prove that the fault was not inherent. So OP's friend/whatever technically has a claim against the seller.

However, if the seller refuses to accept any liability then OP's friend may need to initiate court action to force a remedy. At that time the age of the goods would be taken into account as to the limit of any liability the seller may have.

IMHO I feel it would be fair for the seller to contribute to the repair to the tune of up to 10% of the purchase price (£200).

Note to OP - you don't have to get a new gearbox ... a reconditioned gearbox is all that would be needed. Or even a decent gearbox from a scrappy.

Laz123

deannatrois wrote: »

Always, without exception, get an independent mechanic to check a car before spending such a large sum of money on it.

I suspect the car will have been clocked (a mechanic would have spotted this) and he may well have noticed the engine was showing signs of wear and tear not explained by the mileage, possibly that the gear box was going to fail (although possibly not as its six months down the line). I mean, who believes anything a car dealer says? They are hardly going to tell a purchaser the car is an old banger that hasn't been looked after and will likely need a major repair in six months!

I'm afraid I doubt very much the people you know have any come back at all.

I learned a lesson, car passed HPI tests, seemed fantastic, until a mechanic inspected it. It had been clocked and had been in a crash, repaired off insurance. Car dealer (although he must have known) of course, denied all knowledge. Thank goodness we found this out through getting a mechanic to inspect it before we bought it. No doubt we would have purchased it otherwise.

I was under the impression clocking was a thing of the past due to having to put the mileage on the registration docs. When I was a mechanic back in the 60s I used to work on Skodas when they were heaps of crap and very unsafe. In those days it was relatively simple to clock (we didn't do it) as all you have to do was unscrew the cable from the gearbox, attach it to a drill and away you go. Also in those days unscrupulous dealers would put a mix of sawdust and thick grease in the rear axle or gearbox if they were on the way out to temporarily disguise problems. It may be worth the op checking this out as it is illegal.
I believe car dealers are only liable for any problems for up to 3 months on a warranty for a used car unless otherwise stated.
10 years for a gearbox nowadays is too low unless previous owners can't drive properly and keep the car in gear with the clutch down at lights because it wears out the clutch plate which is spinning and the asbestos wears out unnecessarily faster.