Blown gearbox, used 2nd hand car help!

Marc_cavaciuti

Hello everyone,
Am after some solid advice. My wife bought a used nissan juke from evans halshaw, it is 5 years old, had 50000 on the clock. She has done 3000 miles in it amd owned it for 5 months. Today her gearbox gave out-only working in reverse. We contacted both evans and nissan- both have shown no interest. Nissan have said no warantee is valid due to the vehicle being over 5 years old. Evans halshaw have said nothing is covered (they offered a 3 month/5000 mile warantee but have said the three months ownership overides the lack of miles.
Anyone out there know where we stand? (Apart from stranded unless driving backwards!)
The auto gearbox failing apparently is a common fault.
If anyone can offer some advice please help!
Thanks in advance.

AdrianC

A new Juke comes with a 3yr warranty - so, no, you'll not get anywhere with Nissan, even if there's an absolutely squeeky-solid Nissan main dealer service history.

You had a 3mo/5,000 mile warranty - well, yes, you're out of that after 5mo/3,000 miles... It's always time or distance, whichever comes first. Same as service intervals, same as manufacturer warranties.

You may have a case with your consumer rights - the law states that a fault within the first six months can be assumed to be present at the time of sale, unless the retailer can demonstrate otherwise. Given that the car fails to move forward, yet you've covered 3,000 miles without issue, it could easily be argued that's been demonstrated. Good luck with that...

A quick google suggests that there are specialists who offer a repair to your existing box, which should work around the original design fault. This has to be your best solution.

Strider590

The way these things get driven, i'm not surprised they have issues with the gearbox.

It's bonkers to be honest, the Nissan Micra you'll see pootling along at 35mph everywhere, slow and dawdling, not a sports car, but jack up the suspension a bit, stick on a bulbous front end and suddenly people start driving them like they're rally cars.

motorguy

AdrianC wrote: »

A new Juke comes with a 3yr warranty - so, no, you'll not get anywhere with Nissan, even if there's an absolutely squeeky-solid Nissan main dealer service history.

You had a 3mo/5,000 mile warranty - well, yes, you're out of that after 5mo/3,000 miles... It's always time or distance, whichever comes first. Same as service intervals, same as manufacturer warranties.

You may have a case with your consumer rights - the law states that a fault within the first six months can be assumed to be present at the time of sale, unless the retailer can demonstrate otherwise. Given that the car fails to move forward, yet you've covered 3,000 miles without issue, it could easily be argued that's been demonstrated. Good luck with that...

A quick google suggests that there are specialists who offer a repair to your existing box, which should work around the original design fault. This has to be your best solution.

I think that hits the nail on the head.

Whilst the burden of proof is on the seller, the fact that the car has been driven (forwards) for 5 months (or all its 5 years so far) suggests the fault wasnt present at the time of purchase.

Also, it would be interesting to understand what the failure is.

It sounds a lot like a linkage problem which would be a very cheap fix, rather than a gearbox problem per se.

AdrianC

motorguy wrote: »

Also, it would be interesting to understand what the failure is.

Quick google suggests it's an internal bearing that collapses. You won't be surprised that it's a CVT box...

motorguy

AdrianC wrote: »

Quick google suggests it's an internal bearing that collapses. You won't be surprised that it's a CVT box...

D'oh!

Missed the bit RE: it being an auto...