Bought Second Hand Car 1 Week ago from dealer - Gearbox Gone HELP

[kimbombim14]

We have joined this Forum in the hope that someone can help us.

 

We bought a Golf 1.8 T Gti on the 8th February from a company in Peterborough. We test drove it up a little bypass and checked it over and then drove it home.

 

A few little things happened in the week such as we had to replace the battery as it wasnt holding its charge, and we had to replace the temperature sensor but being as these were relativley small things we just changed them

 

On saturday after fitting the temperature sensor drove the car approx 1 mile - he was approaching a roundabout and dropped it down a gear when there was a really bad noise - we rang the dealer who we bought it from and he said to get it diagnosed and let him know.

 

A friend of ours who is a mechanic had a look at it on Sunday for us and he said it was the gear box - We again rang the dealer and he said that his warrenty covered major mechanical and that the gear box wasnt covered. And that he wanted us to drive it to Peterborough from Lincoln for his mechanic to look at - but its u driveable, he then said that under his warrenty they would only pay half of the bill and that we would have to pay the other half.

 

We trailered it this morning to VW in Newark and they have confirmed that it is the gear box. My boyfriend has also researched a local company who will refurbish the gear box and fit it for £400 compared to VW who have said that a reconditioned Gear box would cost approx £1700

 

He has just rang the dealer again to let him know and he is basically saying that he will only pay half and is prepared to see us in court.

 

Where do we stand....

 

Thanks

 

Kim

[Guest dvdriley]

Any warranty with the car?

[kimbombim14]

As in Manufacturers warrenty? No its 2000.

 

When we bought it he said that it came with 3 months major mechanical warrenty

[Guest dvdriley]

then tell him so repair it under warrany. Write him aletter saying repair it under warranty if not I will sue. If he refuses issue proceeding. You can do this online at moneyclaimonline.co.uk

[kimbombim14]

On his website it says that they offer warrenty, and on his invoice in the warrenty section its got SOG Act - So under this he has to repair it dosnt he?

[Guest dvdriley]

Correct

[kimbombim14]

So we need to write a letter to them - what do we need to make sure we include - do we mention the Sale of Goods Act? Also if he refuses to repair it then can we refuse the car and get our money back? Do we put this in the letter?

 

Thanks

[kimbombim14]

Has anyone else got any advice on this one... i rang consumer direct and they basically said that we have to prove that its not fair wear and tear for its age and mileage, or that it dosnt have other damage that could have contributed to the problem. Unless we can prove that then she isnt sure that we would be guaranteed a favourable outcome..

[Nictastic]

I am led to believe if you have bought a car and within a short period of having it there is a major problem, no matter if you have a warranty or not you can ask for repair or reject the car for a full refund. When buying a car from a trader they are obliged to ensure it is roadworthy and fit for purpose.. i do not believe a major problem such as a gear box can be a wear and tear issue..how many miles has your car done.

Definately mention the TOG act...make sure you stand your ground.

[Conniff]

You need to take it to a garaage and get a proper report with a stamp on it (which you will have to pay for), and send that to the dealer. I don't think a mate will be official enough to make demands even though he may be correct in the diagnosis.

[smurf77]

I am in a similar boat and Consumer Direct told me the same as you. Unless you can prove it is not wear & tear (from date of manufacture) there is nothing you can do.

So basically these dodgy cars sales can sell you a vehicle with a variety of faults that fall just 'within the the legal limit', not tell you and the very next day the car breaks down, a repair bill for thousands of punds and there is nothing you can do about it.

Absolutely ludicrous!