Car purchased in last five months from dealer - gearbox faulty

sheramber

Alderbank said:

No, a goodwill payment isn't admitting liability, and CRA2015 is not as simple as 'you are required to repair the car'.

The aim of the Act is to be fair to both parties. Sections 23 and 24 discuss circumstances where the repair costs are disproportionate in comparison with the cost and value of the goods.
You need to read those parts carefully.
https://www.legislation.gov.uk/ukpga/2015/15/section/23

I don't think you have shared the price you paid for the car but round where I live there are 2014 Jukes on sale in the region of £2,500-£3,000. Paying out £3,500 for a repair, although it would leave you with a much better car, might be seen as disproportionate.

They're looking for a deal now and they have opened the bidding with £1,000. I think @Aylesbury_Duck has given you good advice.

How good are your negotiating skills?

OP has said
. I purchased the car for £6300, 

med_tech3

I have composed this letter (names etc have been removed). Is it any good?


10th September 2025

RE: Black Nissan Juke
Reg ********
Paid £6390
Collected 1st March 2025

Dear Mr *****

As we have already made you aware we had the car inspected on the 5th September by a gearbox specialist. The quote has already been sent over to yourself via WhatsApp.  The specialist has confirmed that this issue would have been going on long before we purchased the car, I would even suspect that this issue would have been why the previous owner sold the car due to the very expensive repair job.  If a professional had indeed inspected this car correctly it would have been very clear to see that the two cooling pipes that supply the gearbox with the oil needed are corroded and over time this would stop the correct amount of oil needed to keep the gearbox in good condition. We have been quoted £3434 to have the issue repaired plus we have already paid £118 for the inspection. While we appreciate your offer to pay £1000 towards this repair we hope you can understand why we are not happy that we have been sold a car that is faulty and not of a satisfactory quality. We have today spoken to the citizens advice bureau who have explained the consumer rights act 2015 which states that within 6 months the car needs to either be fully repaired or we can return the car for a refund taking into account the usage and short period of time we have had the car. We have been advised to put this in writing and get a copy sent to you via recorded delivery which we will do within next few days.  We are hoping this can be resolved as quickly as possible and without the need to involve a third party.

Kind Regards

med_tech3

This is their response. Can I argue it or should I take their offer? 

12th September 2025

RE: Black Nissan Juke

Dear

Thank you for your letter dated 10th September 2025 regarding the above vehicle.

We acknowledge your concerns, however, we must reiterate that we have already offered a fair contribution towards the cost of repair. We have based this on the average costs of gearbox repairs and replacements, as per the examples below:

    •    Tori Auto Service – Recon Gearbox (https://toriautoservice.com/product/nissan-juke-1-6i-cvt-automatic-auto-gearbox-recon-mechanical-10-16-transmission/)

    •    eBay Recon Gearbox Option 1 (https://www.ebay.co.uk/itm/323776366921)

    •    JB Transmission Service (https://www.ebay.co.uk/str/jbtransmissionservice)

    •    eBay Recon Gearbox Option 2 (https://www.ebay.co.uk/itm/365800974852)

These demonstrate that the repair can be carried out for significantly less than the £3,434 you have been quoted. Our offer to contribute £1,000 towards such a repair therefore remains reasonable and proportionate.

As per the Consumer Rights Act 2015, we are obliged to ensure the vehicle is of satisfactory quality at the time of sale. However, the law does not require us to provide a brand-new part or restore the vehicle to “as new” condition – only that it is repaired to a standard consistent with the age, mileage, and price of the car at purchase.

It is also relevant that you have now owned the vehicle for over five months and have covered in excess of 3,000 miles during that time. This level of use is clear evidence that the car has been fit for purpose and functioning for a substantial period following the purchase. It also raises the possibility that this is a fault which has developed during your ownership, in which case our obligations under the Consumer Rights Act would not extend to covering the full cost of repair.

Nonetheless, in good faith, our contribution offer stands, as it allows for the vehicle to be repaired at a fair market cost without undue financial burden falling on either party.

We hope this clarifies our position and trust that this matter can be resolved amicably without the need for escalation.

Yours sincerely,

med_tech3

Update:  
Just had the car MOTd and it failed on suspension arm ball joint covers and track rod end ball joint covers, also the rear exhaust box joint is severely corroded so will fail in the next few months. I have been quoted £1200 to replace these. The suspension arms ball joints have been faulty for a long time.
I now cannot drive the car until these are fixed.
I am going to have to spend money either on buses or hire cars
I contacted the gearbox companies that he put in his links and can possibly get a 2nd hand one for £1800. The car has to go to London and will be out of action for up to a week.
Can I continue to push for them to pay for all the repairs of the car (roughly £3000) as the car is a massive dud and was when I purchased it or can I only accept the £1000 they offered as a goodwill gesture?

med_tech3

I have typed out this message to the sales garage, is it ok? 
We have been on holiday this week (with a rental car) so haven't progressed with the gearbox repair. The car needs an MOT by the 3rd Oct so I had it MOTd today and it failed on suspension arm ball joint dust covers and track rod end ball joint dust covers. They also noticed the rear back box joint is excessively corroded and will fail soon so the car will need a new back box and middle box imminently. The garage has quoted £1200 as a rough estimate of repair for these issues and will send me a proper quote on Monday. I drove it back home but can now no longer use the vehicle until the suspension arms and track rod ends are replaced. I told the technician I purchased the car in March for £6395 and he was shocked at the state of the underside of it for that amount of money. He also said the suspension arm covers have been ineffective for a long time. This is yet another sting in the tail of what is my worst ever purchase. My wife will now have to hire a car for the foreseeable future so she can get to her job in the NHS. We have clearly been sold a dud car and you leave us no alternative but to get a third party involved. 

m0bov

How did you pay for the car? Did you use a credit card for a holding deposit?

Sounds like it's Def a dud, having said that it is a 11 year old car but you need some judgement on whether, for what you paid and it's mileage and condition, it's acceptable. How did the add describe the car? Also the cost of those mot repairs is extortionate.

med_tech3

The garage insisted on a bank transfer...I wonder why!! 
The car was advertised as fully functioning and was £6395 so wasn't cheap.
I will look online for quotes to get the MOT failure bits sorted. The MOT garage said the rear exhaust box was £500 on its own

QrizB

m0bov said:

How did you pay for the car? Did you use a credit card for a holding deposit?

Sounds like it's Def a dud, having said that it is a 11 year old car but you need some judgement on whether, for what you paid and it's mileage and condition, it's acceptable.

Looking at AutoTrader today (admittedly not six months ago), £6300 is in the upper 10% of the asking price range for 2014 Nissan Jukes with 60-100k miles.

Most of them are under £4k.

med_tech3

It is an automatic and rarer to find. They were all that price range when I looked in my local area.
I have just checked click mechanic for the MOT repairs and that comes out at about £1200 too

m0bov

Its tricky, you would need a Part 35 inspection to establish the condition it was at pos. Was it reasonable condition for age, mileage, price paid and description.

Then you can issue a claim for the repairs having had three quotes.

What is the MOT history like?

Given the costs (like close to the value) it might be worth a shot.

If the report goes in your favour, that with the lba and a claim for a contribution to all repairs, might work. I'd be looking for 75%.