Used Car Just Over 1 Year - Gearbox Fault!

Coeus

Hi all,

Hope all is well with you.

Need your expertise if willing?

I bought a used car from Lookers - a Renault Clio 2011 - a little over a year ago.

Unfortunately it has developed a gearbox issue in that I cannot shift gears with ease, if at all on some occasions! Mechanics I have visited stated it needs a new gearbox so big bucks :eek:

I have gone back to Lookers under the Consumer Rights Act (which replaces the Sale of Goods Act from 01 October 2015) which states the vehicle must be:

• Be of satisfactory quality (taking into account its age and mileage).
• Meet any description given to you when you were buying it ( whether in the advert or in discussions prior to sale).
• Be fit for the purpose (for example, to get you from A to B safely).

I have argued that:

• The car was registered 29/06/2011 making it less than four years old. This combined with present day mileage ~31,000 (purchased 23,423) I believe the sale to be in breach of point (1) listed above.
• Given the nature of the fault the car is certainly not fit for purpose and as such I believe the sale to be in breach of point (3) listed above.

The initial response from Lookers has been that: "We provide a 3 month warranty on any vehicle we sell and we will provide a top up warranty up to 6 months of sale in line with Trading Standards regulations."

To be fair to Lookers that have offered to diagnose and contribute to the costs however I would like to see what you clever people think of the above response?

Where do I stand from a rights point of view? Any advice on how to proceed?


Thanks in advance!


Coeus.

Silver-Surfer_2

The fault needs to be diagnosed to see if it's an inherent fault or wear and tear.

Coeus

Silver-Surfer wrote: »

The fault needs to be diagnosed to see if it's an inherent fault or wear and tear.

Hi Silver-Surfer.

Thanks for the response - my understanding from discussion with the mechanic is that as a new gearbox is required this would usually not be attributable to wear and tear until near the end of a lifetime of the car.

Should it be inherent then - what do you think would be reasonable to request from Lookers?


Thanks,


Coeus,

Silver-Surfer_2

So has your mechanic diagnosed the fault and why it occurred?

Coeus

Silver-Surfer wrote: »

So has your mechanic diagnosed the fault and why it occurred?

Hi Silver-Surfer.

The mechanic has only said that there is a fault in the gear selector, and that rather then replacing just this the more economical option would be to replace the entire gearbox.

Doesn't strictly say whether 'wear and tear' or 'inherent'.

In the former case I assume not a leg to stand on.

In the latter case would we have a good position to bargain with?


Thanks,


Coeus.

Silver-Surfer_2

What was the oil like when he looked at it?

Coeus

Silver-Surfer wrote: »

What was the oil like when he looked at it?

He didn't!

He's a mechanic I trust but unfortunately I don't know much about cars myself so having to leave it to the mechanics to correctly diagnose and address the issue :-(

Silver-Surfer_2

Well until you find out a bit more you're at the mercy of Lookers and their goodwill gesture. It's over 6 months since you bought it so if you want more than a part payment from them you will have to prove there is an inherent fault with the car.

Marktheshark

Is it going in gear without the engine running OK.
It could be a hydraulic clutch air leak.

AdrianC

Coeus wrote: »

I have argued that:

• The car was registered 29/06/2011 making it less than four years old.

Umm, that's almost five years ago. We're in April 2016 now.

Where do I stand from a rights point of view?

You have, frankly, not got a hope in hell.

You've had no problem with the car for the vast majority of the year and 7,500 miles you've owned it.

You have no proof whatsoever that the problem was pre-existing (the vendor's problem), due to a manufacturing issue (Renault's problem - although way outside any warranty) or due to simple abuse-accelerated wear (your problem).

You haven't given the vendor the chance to diagnose or rectify the problem.

Oh, and CRA only replaces SOGA for purchases after October last year - so your rights are still under SOGA, not that it makes much difference.

burlington6

If Lookers are currently offering some help, I wouldn't be quoting legal terms that don't apply.

Forget all the Consumers Right Act jargon. You're on your own. They owe you nothing.