Faulty gearbox - manufacturer will not accept

[robster234]

Hi,

 

Please give me your opinions on this:

 

Purchased from main dealer an 18 month old car in September 2014 with 7500 miles on the clock and balance of 3 year manufacturers warranty.

 

Noticed by end of 2015 (approx 28000 mile total) that gearbox 'crunches' when changed from 3rd to 4th gear quickly (yes this is a standard manual gearbox).

 

Went to dealer in March 2016 to complain about gearbox (and other warranty faults), they drove car and agreed with me about gearbox. Manufacturer agreed to replace gearbox and new gearbox arrived at end of April. I couldn't leave car with the dealer at this time as I was on standby to work abroad for a number of weeks.

 

Finally got gearbox replaced at beginning of June. New gearbox is much worse, not only does it crunch in 4th but it also whines (like an old mini) in 2nd.

 

Car returned at begging of July to look at again, dealer agrees it is not correct but "doesn't know what manufacturer will say as it's out of warranty". Told them "don't care fault occurred in warranty period an has not been resolved - actually made worse". Manufacturer eventually agrees to send an engineer from the factory to look at my car who came last week.

 

Manufacturer has agreed that the new gearbox is faulty but they will only supply a replacement 'box if I don't complain about it crunching in 4th as this is a "characteristic of the car". This is not entirely true as I have driven one of the loan cars with same gearbox and it does not crunch however the other loan car did, however there is a lot on the internet about failing gearboxes, crunching, stiff changes etc etc. The gearbox obviously has an inherent design flaw.

 

The car was purchased with a personal loan with the car as security (dealer finance) although at the time I was told it was HP.

 

I am thinking of pushing back on the dealer and loan company - under sale of good act, repair or replace vehicle - inherently faulty.

 

Comments or opinions please?

 

Thanks

[Hammy1962]

What car?

What manufacturer?

 

Parts replaced under manufacturers warranty only benefit from the balance of that warranty. (Always been the case and it's too complicated to go into on here).

You might get a goodwill gesture though.

 

Never heard of a manufacturer putting a proviso on a proposed gearbox change. The dealer maybe, but not the manufacturer.

 

H

[robster234]

Hi Hammy,

 

Thanks for your reply.

 

Car: Make MG, Model MG6 (petrol)

 

Not trying to argue whether this is warranty or not. The issue is there is a fault which has not and seemingly cannot be resolved, to the extent that the manufacturer is now offering to change the gearbox again as long as I don't complain about it crunching when fast changing into 4th from 3rd as they are calling it a "characteristic". That seems to be a total get out. You could call almost any fault a characteristic if you wanted.

 

I also have the datasheet for the gearbox and it shows it is underrated to the power of the engine.

 

What I am saying is can I push back on the dealer and finance company as goods supplied not of acceptable quality, not repaired?

 

Thanks