Advice

[Cavcraft]

The repair will cost a lot less than they've said, probably £1,000 tops, so you're essentially giving the garage you bought it from £1,500 for sod all. Absolutely pointless saying 'you shouldn't have bought one' because you weren't to know it'd go tits up. I will. however, say that there are an inordinate amount of Golf Mk5s (or whatever they are) with knackered gearboxes.

 

Ps I do hear of a lot of warranties covering only the first 'X' amount of any repairs, not sure if this is legal or not. I'd imagine a county court claim could be worth a try as many claims (that I can see) are based on the original purchase price, and you haven't bought a £300 banger from a car auction here.

[SiC]

Yep got to agree it's the only way.

 

I went out to a 15 plate Micra the other day only done 4000 miles and the starter motor just span up but wouldn't engage.

Turns out some Micra's are now made in India complete with shonky locally sourced parts,even the battery had made in India on it.

 

The dealer i towed it to refused to accept it as they had nowhere on the site for me to drop it.

Of course the modern Nissan is stuffed full of Renault parts though...

[wuvvum]

I'm thinking maybe they are trying to make up what they lost on the original deal.  The car was £5,500, a 2000 XJ8 can't be worth more than about a grand trade, and you owe them at least £500 for taking the Scenic off your hands, so with the £3.5K you gave them in cash they're about £1,500 out of pocket on the deal.

[paulplom]

They gave us a grand off each. The scenic was a 1.6 petrol 7 seater in quite good nick. Shite on fuel. The garage is reputable being in a prime location and has been there for years. I just wanted to know my rights if it kicks off. I think he may be just trying it on. It's a pretty affluent area and I would think most toffs would just cough up.

[Parky]

Quick look at the bay suggests £350-600 is the cost of a replacement box from a breaker which is probably where your "new" box will be sourced from. For the money they are angling for I would be inclined to ask for a breakdown of their costs to see what bullshit they are coming up with

 

http://www.ebay.co.uk/sch/i.html?_from=R40&_trksid=p2050890.m570.l1313.TR12.TRC2.A0.H0.X2010+Leon+gearbox.TRS0&_nkw=2010+Leon+gearbox&_sacat=0

[Alexg]

It's worth bearing in mind that the warranty is probably setup through a third party, so there's little in it for the dealer to swindle you, because they won't actually be paying for repairs. The reason for the large bill will be because they're quoting for a brand new gearbox; a warranty company won't want to payout for some bloke to chuck in a used gearbox from a breaker. They'll want to see bills etc as proof of parts ordered and work being carried out.  

 

Max claim limits are usual on cheaper end cars although on a £5500 car a bit stingy. For a few quid more they could have given you a proper one. Perhaps they should have offered it to you before driving away... I think given the likely agro and possible cost your best course of action is to back the car on the dealer. Tell them you don't want it and you want your money back. Dealers never win these things if they go to court, so despite being reluctant at first they'll eventually submit. Be reasonable at first though, see if they can find you another car to replace it, At least they can still come out of it without being total losers.

[paulplom]

Update. They rang saying the final bill is £2500. Insurance will pay £1000. As goodwill they will pay half the remainder. Leaving us with a bill of £750. My partner explained we have seen legal advice and they kicked off big style. Demanded the courtesy car back immediatley and said they weren't making the goodwill gesture after all. They said the clutch and flywheel has been changed and they have a mass of broken parts. They also said they would have chucked a second hand box in if they knew we wouldn't pay. They have gave us overnight to thik about it.....

[paulplom]

Ps. I'm not involved at this point as if I go down to the garage there will be bother.

[Bren]

£2500? Taking the piss I'm afraid.

[purplebargeken]

Love the immediate change of attitude. NOT. Reject the car - this would be the route I'd be taking. 

[paulplom]

How much would the dual mass and clutch be? Plus whatever he had a bag full of.

He said 'you've done 2000 miles in it in 8 weeks!' And!!!! I'm getting upset now.

[paulplom]

Time for hobgoblin and a large g'n't.

[Richard]

2000 miles in eight weeks is bang on average mileage.

[sierraman]

2000 miles in 8 weeks? What's he think you've bought it for?

 

Tell him to put a second hand box in then. Who puts 'new' gearboxes in cars? Even the main dealers fit service exchange boxes. Unless it's from a known good source of gearbox engineers it's probably just had a clean down and a coat of Holts wheel silver.

[Parky]

Legal judgements are far more harmful to them as a business than they are to you as a consumer so they have a lot more to lose than you do.

 

However in amongst the temptation to torch their yard or whatever else you are being advised to do, you are still minus your car. And you have theirs. I would say to them that when your car is returned in full working order, they can have the courtesy one back, otherwise you are minus your car and your £5500. If they kick off, suggest they carry out further correspondence with your solicitor and hang up. Or suggest they keep the car and return your £5500 and everyone's happy

 

Anyway, as Richard says it is bang on average mileage - equates to 12000 miles a year which is kinda what cars are generally expected to do without lunching their gearboxes.

[sierraman]

Not necessarily. A lot of car traders are fly by night enterprises, they aren't looking to create a customer base, just a good earner for 6 months, then close and set up a new company again.

 

Refusing to buy of traders is silly as there's plenty of private sellers trying to pull the wool over your eyes with overpriced shit that they've had to (God forbid) spend money on to justify all the money.

[Parky]

 

In this case I thought the OP said the place had been around for a while so if it is someone with a decent reputation they might not want to lose it over a gearbox. However if it's a fly by nighter they will probably just file the ccj with all the others as Sierraman alludes to.

 

Shame these things need to get legal

[paulplom]

Had to pay the guy in the end to release the car. police said it was civil and didn't want to know. citizens advice said pay him to get it back then take him to court. I wasn't there but he made wor lass sign a form to stop her from claiming the money back. Had to give him £650 in the end.

[Kiltox]

Had to pay the guy in the end to release the car. police said it was civil and didn't want to know. citizens advice said pay him to get it back then take him to court. I wasn't there but he made wor lass sign a form to stop her from claiming the money back. Had to give him £650 in the end.

Form will be meaningless in law so I wouldn't worry about that

[purplebargeken]

So where was the gearbox sourced from did they say?

[steveo3002]

ive often wondered if i was stiffed by a garage , id let the dust settle and go test drive something and have a crash or start it up on the forcourt in gear and make revenge 

 

good luck though...nasty sods , is there any proper receipts saying whats done or do you think its a breakers box hammerited black? 

[Sheefag]

Form will be meaningless in law so I wouldn't worry about that

 

Entirely correct, form is meaningless in law and falls under The Unfair Contract Terms Act 1977 and also The Consumer Rights Act 2015.

 

MCOL would be my next stop.

 

https://www.moneyclaim.gov.uk

 

[Mr_Bo11ox]

What a shower of miserable bastards. 'You can't have your car back unless you agree not to allow the law to review what we did'. Load of twats.

[trigger]

Sounds like blackmail to me, you need to get Dom Littlewood on the case.

[hpi_matrix]

Sounds like blackmail to me, you need to get Dom Littlewood on the case.

 

Dont get done, get Dom!

[Dick Cheeseburger]

What a bunch of slimy barstewards. I'd say its a more than reasonable request to expect a six year old car, which cost you £5.5k to last more than two months/2000 miles. REGARDLESS of the warranty limit given, I cannot see how you have caused the gearbox failure in such a small number of miles covered since you bought the car, thereby suggesting it was faulty and not fit for purpose when it was sold to you. I'm assuming that the gearbox didn't give any clues of imminent failure in the interim? Whatever the case, I'd be asking a solicitor the likelihood of success on your part, should you take the garage to small claims court. If nothing else, I'd be openly telling the whole world what the name of the garage is, and what a bunch of shits they are.

[paulplom]

So where was the gearbox sourced from did they say?

They didn't fit a new one. They just repaired the old one. He had a bag of parts. On the plus side it has a new dual mass and clutch. It drives like a different car. It was deffo borked when we bought it.

[paulplom]

www.tynemouthselect.co.uk

The car would shake violently in fourth or fifth gear if you tried to nail it from 1000 revs. I thought it was just a trait of the torquey diesel.

Don't hassle them please I have to take it back in a week or two to get the remote locking on the drivers door fixed and a noise like a police siren (boost leak I suspect). If you chew them they may tell me to do one. Thanks for all the replies and input guys.

[trigger]

All that grief and you still have to take it back with more problems?! I suspect this isn't the last we'll hear about it then.

[SiC]

Isn't the noise like a siren thing the turbo going? I know it is (and a common problem) on the Golf 2.0TDI PDI engines...