Wrongs and Rights

I recall your recent strictures in respect of Vauxhall’s lack of consideration in the matter of rusted brake discs and have a worse experience to relate. My Vectra Elite was pre-registered by Vauxhall in July 2004 and put on the road by myself in September of that year. In my semi-retirement, the 25,000 miles has reduced to 4,000 per year. Much to my surprise, part of the gearbox disintegrated after 20,000 miles, smashing the casing, this needing a replacement of the whole gearbox at a cost of nearly £2,500. I have the failed gearbox and components, which clearly show fatigue cracks in the gear wheel which caused the failure; I have sent photographs to Vauxhall only to be told that the vehicle was out of warranty and no contribution could be made. I am advised that I have a case under the Sale of Goods Act for the reasonable expectation of life of the product, such action against the supplying garage. This seems to be unfair on the garage, although it is a Vauxhall main Dealer. Have you any alternative suggestions?

Asked on 21 November 2009 by

Answered by Honest John

UK law makes the retailer responsible for selling products "not of satisfactory quality". The various statutes, EC Directives and case law have refined this to assume the retailer remains responsible for any fault that could have been developing at date of sale for 6 months. After that, the purchaser has to prove that the fault was developing at date of sale. You could start with www.moneyclaim.gov.uk that may lead you to the small claims track of the county court (that's the cheapest way). You will need expert witness testimony (FAQ at www.honestjohn.co.uk ) that the failure was due to a manufacturing fault. Best to keep the dealer fully informed throughout because rather than fighting the case he may capitulate (with the help of Vauxhall) and make a sensible offer. But if the case goes to court there is no guarantee yours will win and there is currently an 8-month wait for a small claims case to be heard.

Tags: owning small claims court

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