Car purchased in last five months from dealer - gearbox faulty

Ectophile

sheslookinhot said:

It’s a 10 year old car with a high mileage. Good luck getting any contribution to the repair.

You might be better getting a box from a car dismantler.

That's irrelevant.  The Consumer Rights Act still applies.

caprikid1

"That's irrelevant.  The Consumer Rights Act still applies."

It does but the application will be considered along with the age and condition of the vehicle.

I doubt the OP will even get a response from the dealer to be honest.

If the OP wishes to take the dealer to court to attempt enforce the CRA in this case then be prepared to shell out court costs and a gearbox repair.

med_tech3

I sent a message - as you say I probably won't get a reply. I don't really want to risk the court fees but I believe the car was sold in an unfit state. 

sheslookinhot

Ectophile said:

sheslookinhot said:

It’s a 10 year old car with a high mileage. Good luck getting any contribution to the repair.

You might be better getting a box from a car dismantler.

That's irrelevant.  The Consumer Rights Act still applies.

What bit is irrelevant ?

Alderbank

sheslookinhot said:

Ectophile said:

sheslookinhot said:

It’s a 10 year old car with a high mileage. Good luck getting any contribution to the repair.

You might be better getting a box from a car dismantler.

That's irrelevant.  The Consumer Rights Act still applies.

What bit is irrelevant ?

All of it.

If nothing specific is said about the gearbox there is an implied contract term that it is in reasonable condition for its age and mileage.
If on investigation it turns out that it wasn't at the point of sale then the trader is in breach of the Consumer Rights Act and must repair or refund.

caprikid1

"If nothing specific is said about the gearbox there is an implied contract term that it is in reasonable condition for its age and mileage.
If on investigation it turns out that it wasn't at the point of sale then the trader is in breach of the Consumer Rights Act and must repair or refund."

How do you propose the OP prove's that with a strong enough chance of winning to make it worth the risk. One thing is sure rogue traders know consumer law far better than most forumites and most lawyers.

the_lunatic_is_in_my_head

Looking on Autotrader there seems to be a number of Juke's with 80k miles at around the £3k price mark so it doesn't appear OP under paid* so you'd be arguing durability under satisfactory quality**

*No idea about cars so this is based on a quick look

**Regs say consideration given to price, if the going rate is paid for a car would you expect the gearbox to fail so quickly? (Again no idea about cars but I wouldn't be happy about it).  

OP has the dealer been trading for 30 minutes or 30 years? 

med_tech3

According to their website the garage has been selling cars for over 40 years

med_tech3

They replied: Good afternoon 

Having reviewed all information provided and looking at date you purchased the car you only took the standard 3 month warranty at the point of purchase. 

Rendering the car out of warranty with us. 

We aim to help all our customers with any issues and the have spoken with our warranty company to explain the situation. Who did also call your garage on the estimate you provided. 

And due to the fact that the car hasn’t been fully diagnosed to in-able us to move forward we require a full diagnostic of the mechanical failure and not an estimate showing wear to enable us to get up to a maximum of £1000.00 towards the repair as a genuine gesture to help you get the car repaired 

As you are aware the warranty you had on the car was only 3 months and £500 claim limit 

If you would like to proceed on the basis as soon as we have a further quotation we could endeavor to get this part payment processed 

The quote would need to express something has mechanically failed with in the gearbox as worn item are not covered in any manor. 

Once we have a copy of the final invoice we would look to get you paid out the £1000.00 within 5 working days of receipt of invoices discarding weekends 

I hope you find this a satisfactory end to the situation 

Regards 

Alderbank

They are correct to say that proper diagnosis of the noise is crucial; what has failed, why it failed and when it failed.

You need that diagnosis. But don't get sidetracked by the warranty.
If the weird noise is significant and the seeds of failure were already present when you bought the car, you have the basis of a claim against the seller under the Consumer Rights Act. Your rights are statutory and have nothing to do with any warranty.