Sytner mini dealership - gearbox bolt came out damaging car after 8mts - what are my rights - they say warranty has expired

[doone21]

Hi all, first time here...

I bought my mini in November 2022 from Sytner mini, a new approved vehicle, 2018, 14000 miles, 2 owners. £16.5k, no finance.

Last week the mini was towed to a garage after a red light "stop and pull over" incident where they advised that a bolt from the replacement gearbox had come loose and gone through the radiator, coolant fans. 

They said  due to the gearbox being previously changed under warranty this fault is unlikely to be covered under my 1 year warranty. 

After some lengthy phonecalls the dealer I bought from is bringing the car back to its workshop for investigation.  The dealer suggested that the repairs could be done under warranty but it needs investigating to confirm details.

I would like to know my rights before they come back to me ? 

My main concern is we were never told the car had a replacement gearbox, and I would not have bought it had I known, should they have told me or do I have to find this out from the service history?   

Does this previous repair null and void my warranty?

If the car is repaired do I then have a worthless car because of this and the previous repair? 

Also how does a bolt come off a replaced gearbox, is that a garage fault when installing?

What are my consumer rights after 8 months ownership please?

thanks in advance..

[dx100uk]

forget any warranty. means nothing and are never worth even the paper they re written on.

under the consumer rights act and consumer contract laws, you are legally entitled to have  a product that is free from inherent faults for upto 6yrs since purchase.

as this has happened outside of 6mts since owner, normally you would need to provide a report indicating that the fault was there when you bought it.

luckily the dealership has admitted the fault themselves so they have ONE chance to repair it (free of any expense to you) ,

should the car then fail again in relation to the same issue, you can reject the car and get a  full refund (minus commensurate use) imediately..no quibble.

 

[BankFodder]

And if they decline to repair it – then get them to give you a quote for the cost of repairs. Don't tell them you are claiming – but it will simply be good evidence to have it in writing from them because that will amount to an independent inspection and an independent quotation.

You may will need to seek corroboration from another inspection – but that is the way to start.

Get going and then come back here

[theberengersniper]

An observation, if I may:

Mini gearbox bolts are, from the factory, coated in a thread-locking compound that stops the bolts from unwinding in normal usage. If you're unsure, thread-lock is a thick liquid applied to the bolt thread before the bolt is tightened. After the bolt has been torqued, the compound hardens and acts as a sort of glue, stopping the bolt from unwinding.

If you have had a bolt come loose, my initial suspicion is the garage has not reapplied fresh thread-lock compound on reassembly. You could test for this by having an independent mechanic remove another gearbox bolt and check for residue on the bolt thread. It'll be a blue, red, or pink residue.

If you don't see it, or hardly any of it, I would suspect it hasn't been applied during reassembly, and this might provide you with an avenue to pursue in terms of demonstrating poor workmanship with the original repair.

[doone21]

Hi Berenger, Thank you , that's really useful.

I have had an update from Mini who are currently replacing the radiator, and fan and looking into the oil leak which wasn't there before this.  They believe the damage was done when changing the gearbox last year and has taken until now to show up.  No sign of a missing bolt, but that is currently being re-checked! I am assured the car will be 100% roadworthy and at no cost to me. 

I take on board that they have the one chance to repair, and thank you all for your comments.  If anything changes I will come back and report!

Great site, really useful!!

Doone