Bought a car 5 weeks ago. Gearbox now on way out.

[Tony-Danger]

Hey folks! New member here, a friend recommended I ask on here.

I bought a 2012 i40 from Arnold Clark towards the end of April. From the get-go I've had issues with with it, props to Arnold Clark, they've fixed each issue (although each with a bit of a fight).

First, we noticed right after purchase that the daylight running LEDs on one lamp had failed. At first AC were not interested "That's an £800 part, not my problem" was the words the salesman gave me. After a bit of back and forth, the branch manager covered the cost of a used replacement.

Second, on the way home from the branch (about 80 miles), the engine management light came on. Getting it back home on reduced power with the engine misfiring, it went straight into the local Arnold Clark branch where they replaced the sparks.

Third, Arnold Clark had lost the spare key. They told me they would find it and post it out to me. Shortly later I was told that was not an option and I should do the 200 mile round trip to the branch to get a replacement key made. When I asked if my day off work and fuel costs would be covered, they refused. They finally relented & agreed to cover the cost of going to a local Hyundai branch.


So with all of that, each issue was fixed eventually and I'm on my way. Last week a whining noise appeared when driving, mostly with 1s/2nd gears, but you can hear it across all 6. I went out with an Arnold Clark mechaninc yesterday and he confirmed transmission issue. Reccomended at the least, the transmission stripped down, cleaned & checked. Could possibly require a replacement.

I have 2/3 weeks left on the warranty of the vehicle. The local Arnold Clark says it's not up to them if it will be covered, that is up to the branch I bought it from in Glasgow.

If they turn around and claim it is not covered under the mechanical warranty, what are my options? I've covered 1500 miles in 5 weeks of owning a £5600, 6 year old car with 52000 on the clock.

Thanks.

[Pintofbest]

Have you read the warranty paperwork to see what it covers? I would have thought engine/gearbox would be covered.

[DJP]

If you've only had the car 5 weeks surely AC have to repair a major fault regardless of warranty?

[xjay1337]

I would certainly expect them to cover the cost of the fault.

[indapendentlee]

I think the Consumer Rights Act will help you here.


https://www.which.co.uk/consumer-rights/advice/the...

[Tony-Danger]

Pintofbest said:

Have you read the warranty paperwork to see what it covers? I would have thought engine/gearbox would be covered.

Not sure, I'll have a look when I get home. Looking on the Arnold Clark website I'm struggling to see info on what the 60 day warranty covers.

[Tony-Danger]

indapendentlee said:

I think the Consumer Rights Act will help you here.


https://www.which.co.uk/consumer-rights/advice/the...

Thanks, I'm hoping they come back and say it's covered under warranty. Just if not, I need to figure out my way forward. I don't really want to be paying the bill on the credit card.

Edited by Tony-Danger on Tuesday 29th May 11:24

[eybic]

It's likely that their warranty won't cover diagnosis which for a gearbox, realistically the only option is to strip it down. You could in theory reject the car under the CRA (consumer rights act), maybe threaten them with this (it will cause them lots of issues)

[kambites]

As above, a car whose gearbox fails after five weeks will be deemed not fit for purpose under the consumer rights act. It's up to the seller whether they fix it or give you your money back but they are required by law to do one or the other.

[swagmeister]

You are covered under the revamped consumer rights act 2015. This states that if a car developes a major issue in the FIRST SIX MONTHS of ownership if bought from a trader the law takes the stance that the fault was there at purchase and therefore the trader is liable to resolve. Regardless if Arnold gives a 1 day 1 week or however long warranty.
They will try and wiggle out of it until you remind them of this. They are big, they know the laws and rights - they hope you dont. They deal with this day in and day out.
They arent called Arnold Shark for nothing.

[independentLee]

indapendentlee said:

I think the Consumer Rights Act will help you here.


https://www.which.co.uk/consumer-rights/advice/the...

My long lost family

[Tony-Danger]

swagmeister said:

You are covered under the revamped consumer rights act 2015. This states that if a car developes a major issue in the FIRST SIX MONTHS of ownership if bought from a trader the law takes the stance that the fault was there at purchase and therefore the trader is liable to resolve. Regardless if Arnold gives a 1 day 1 week or however long warranty.
They will try and wiggle out of it until you remind them of this. They are big, they know the laws and rights - they hope you dont. They deal with this day in and day out.
They arent called Arnold Shark for nothing.

Well hopefully I should hear back from them today or tomorrow. So we will see what they say. The lad at my local branch is going to give me a ring once he hears back from the the Glasgow branch (they have the decision over the warranty).

[eybic]

Speak to the branch you bought it from sooner rather than later and give them the options:

1: Repair at no cost to you

2: Let you know the procedure for rejecting a car under the Consume Rights Act 2015.

There should be no other options given/ discussed.

[TTmonkey]

Thought these had a 7 year manufacturer warranty anyway? up to 100k miles...?

[Dewi-asl8m]

I would go down the 'Sales of Goods Act' route and advise the dealer that the car is not fit for purpose. I had to go down that route with a 1 Year old Peugeot 10 years back and it worked.

[matchmaker]

Tony-Danger said:

Hey folks! New member here, a friend recommended I ask on here.

I bought from Arnold Clark

That's where you went wrong!

[PartsMonkey]

TTmonkey said:

Thought these had a 7 year manufacturer warranty anyway? up to 100k miles...?

That's Kia. Hyundai have a 5 year unlimited mileage policy.

[Tony-Danger]

eybic said:

Speak to the branch you bought it from sooner rather than later and give them the options:

1: Repair at no cost to you

2: Let you know the procedure for rejecting a car under the Consume Rights Act 2015.

There should be no other options given/ discussed.

The local branch put a report in to the one I purchased from yesterday, so hopefully should hear back today. Will phone them again tomorrow if not.

[eybic]

Dewi-asl8m said:

I would go down the 'Sales of Goods Act' route and advise the dealer that the car is not fit for purpose. I had to go down that route with a 1 Year old Peugeot 10 years back and it worked.

SOGA doesn't exist any more, it's been replaced by the Consumer Rights Act 2015

[Buff Mchugelarge]

independentLee said:

indapendentlee said:

I think the Consumer Rights Act will help you here.


https://www.which.co.uk/consumer-rights/advice/the...

My long lost family

Who doesn't love reunion