CVT transmission failure

Honest John Back Room » Motoring discussion
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Tue 17 Dec 2019 21:01
CVT transmission failure - Wooly1234

Dear All

My 2013's cars transmission failed at below 30,000 miles recently and it was confirmed by diagnostics. After reviewing all the online information and other reviews at Honest John it looks clear to me that this is a very common fault and maybe the manufacturer have breached all affected peoples consumer rights by supplying parts that are not of a satisfactory quality?

According to online information the manufacturer has already been found guilty in a foreign court of law to have provided CVT transmission to consumers with known defects.

If all effected people got together and put forward a petition to the relevant authorities then our argument might carry some weight.

How about it, any further ideas?

Also I am not sure of the legality of mentioning a manufacturer by name in a Forum before anything is proven, any advice on this would be greatly appreciated!

Thank you...

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Tue 17 Dec 2019 22:46
CVT transmission failure - bathtub tom

What's its service history?

At six year's old, you may not have any claim.

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Tue 17 Dec 2019 23:42
CVT transmission failure - focussed

Forget trying to claim from the manufacturer - they're not the vendor, the dealer who sold you the car is the vendor, and could be liable, but the limit of civil recovery in the UK is 6 years from the date on the purchase invoice, or possibly splitting hairs, the date you made the payment. If it's outside that 6 year period any action would be what is called "time barred".

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Wed 18 Dec 2019 05:43
CVT transmission failure - badbusdriver

Firstly, there is no issue with your telling us what kind of car you have.

CVT's are generally very reliable as long as the transmission fluid has been changed regularly. There are a few exceptions though, most notable of these being Nissan with the Qashqai and Juke, as they are such popular cars. Assuming that you have one of these, a quick online search reveals a reconditioned CVT transmission can be had from around £600 or around double that including fitting.

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Wed 18 Dec 2019 07:57
CVT transmission failure - madf

Probably a Nissan.

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Wed 18 Dec 2019 18:57
CVT transmission failure - Wooly1234

Hot

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Thu 19 Dec 2019 17:06
CVT transmission failure - Wooly1234

Sorry mean to say Not

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Wed 18 Dec 2019 18:56
CVT transmission failure - Wooly1234

Thank you bad bus driver that is very helpful to know. Im getting quotes

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Wed 18 Dec 2019 19:12
CVT transmission failure - Wooly1234

Thank you for your reply and sharing your opinion, much appreciated! However I don't think the vendor is at fault as they did not manufacture the part.

Under UK law consumer rights act 2015, all manufactured items need to be of a satisfactory quality, fit for purpose and safe.

If it is a regular occurrence that a part is failing at early miles and the part is integral, surely the part cannot be deemed as fit for purpose, of a satisfactory quality and safe.

Also its a worry as a gearbox malfunction could cause a safety hazard and I have read instances reported where cars have decelerated rapidly due to this gearbox malfunction.

To be sure my car started behaving erratically once the fault occurred.

Please check the consumer rights act 2015 and lets discuss further.

Thanks again

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Wed 18 Dec 2019 19:16
CVT transmission failure - Wooly1234

Ill check the vendor rights also and come back to you

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Wed 18 Dec 2019 19:35
CVT transmission failure - Wooly1234

Yeah checked the vendor, they are never going to accept liability for the gearbox as its a manufacture issue and they would not admit (even if they did) they knew about it at point of sale.

Also if you want to battle with the vendor you will need to take them to court which could be very costly.

If the fault was within six months after the sale, they would need to repair once. If the repair was not a success then they would need to refund.

if its outside the first six months, i think your on a sticky wicket with the vendor.

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Wed 18 Dec 2019 19:13
CVT transmission failure - Wooly1234

Service history is good

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Wed 18 Dec 2019 21:41
CVT transmission failure - gordonbennet

If the consumer rights act 2015 is to apply here, would it be retrospective and apply to a 2013 vehicle?

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Wed 18 Dec 2019 22:18
CVT transmission failure - Brit_in_Germany

It depends when (and from whom) Wooly bought it.

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Wed 18 Dec 2019 23:18
CVT transmission failure - Avant

Wooly, before going any further, you need to say whether you bought the car from a dealer or a private vendor. The implied term 'satisfactory quality' applies only to sales by a trader.

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Thu 19 Dec 2019 09:45
CVT transmission failure - Wooly1234

Dealer and second hand

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Wed 18 Dec 2019 23:44
CVT transmission failure - focussed

As I have already said, the limit of civil recovery, a small claims court claim, is 6 years from date of invoice/payment. I have been on both sides of this in the past, so going on experience. But as 2019 is running down to end of year - doubtful if time left for a claim.

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Thu 19 Dec 2019 09:47
CVT transmission failure - Wooly1234

bought second hand with 9k on the clock 2016

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Thu 19 Dec 2019 12:01
CVT transmission failure - madf

bought second hand with 9k on the clock 2016

Hope you have a ffull dealer service history.

CVTs require frequent oil changes.. (Jazz 25k miles or three years)..

If no evidence of an oil change with the maker specifiec oil at the correct interval, you have a very weak case in law.

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Thu 19 Dec 2019 17:08
CVT transmission failure - Wooly1234

It only had 9k on the clock when bought

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Thu 19 Dec 2019 17:09
CVT transmission failure - Wooly1234

Still has under 30k

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Thu 19 Dec 2019 17:25
CVT transmission failure - Wooly1234

Ok whats a washing machine, a tumble dryer and a car got in common. They are all the same in the eyes of the law under consumer rights.

As I am sure you are aware, Hotpoint / Whirlpool have had to recall, replace or repair a massive number of units as there have been a small number of units that have caught fire. Obviously a fire hazard is a very serious issue and my heart does go out to anyone affected!

My point is that people are not going to the vendor for the appropriate adjustment, but direct to the manufacturer as it is a manufacture/ design fault.

Also a gearbox that has a potentially catastrophic malfunction could be classed as a breach of consumer rights.

Please see below what constitutes as a safety defect according to the vehicle safety branch.

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Thu 19 Dec 2019 18:28
CVT transmission failure - Andrew-T

<< As I am sure you are aware, Hotpoint / Whirlpool have had to recall, replace or repair a massive number of units as there have been a small number of units that have caught fire. Obviously a fire hazard is a very serious issue .... >>

Wooly, you seem to be running this thread almost single-handed, so here is my two-penn'orth. I think you may be labouring this point a bit by implying that your transmission fault might have set your house on fire in your absence, in the Hotpoint manner. By all means suggest that to the makers of your vehicle, but expect to hear them say things like 'wear and tear' and 'correct maintenance' history. I couldn't bring myself to describe your problem as a 'catastrophic malfunction'. You have probably been unlucky, but all you can do is ask for some goodwill compensation. Sooner or later you may have to decide whether to throw good money after bad to get the result you are hoping for.

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Fri 20 Dec 2019 08:05
CVT transmission failure - Wooly1234
Thank you Andrew, I was just using the example of whirlpool as a reference to show that I need to take my case up with the manufacturer, not the vendor.
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Thu 19 Dec 2019 17:33
CVT transmission failure - Wooly1234

Sorry that paste didn't post, I will clarify here.

According to the vehicle safety branch a safety defect is:

"A safety defect is a failure due to design and/construction, which is likely to affect the safe operation of the product without prior warning to the user and may pose significant risk to the driver, occupants and others. The defect will be comment a number products that have been sold for use in the United Kingdom.

I think the regular failure of a certain model of CVT transmission does fit!

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Fri 20 Dec 2019 08:23
CVT transmission failure - Brit_in_Germany

The washing machine issue and your broken gearbox relate to different pieces of legislation. The EU product liabiltiy directive covers goods which are unsafe and places liability with the producer whereas the consumer rights act governs the relationship between customer and supplier.

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Fri 20 Dec 2019 11:14
CVT transmission failure - Wooly1234

Thank you for that Brit in Germany, will need to check legislation.

I have taken a case out with the motor Ombudsman and it is in the process. However I dont trust their judgement. I think the manufacturers and suppliers are using distance between consumers, due to data protection and fear of other legal repercussion, this is stopping people with similar defects from coming together and lending each others weight to their claim. This coupled with manufacturers tactic of playing hardball with consumers in the way of offering consumers unfair deals in the way of full and final settlement of their claim is hampering consumers rights before it even gets to the Ombudsdmen stage.

It would be great to hear from other people with the same defect. I wish there was a place for us all to come together and gain the weight of one another. it seems to me that although governing bodies pretend to be in favour of the consumer, actually they are favouring the manufacturer, Im sorry to come back again to the case of Whirlpool, however look how long it took for the governing bodies to sort that one out.

Any ideas of how consumers with similar issues might be able to come together?

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Fri 20 Dec 2019 12:10
CVT transmission failure - Brit_in_Germany

The two pieces of legislation are:

the CPA implementing the EU directive

www.legislation.gov.uk/ukpga/1987/43

and the CRA referred to previously

www.legislation.gov.uk/ukpga/2015/15/contents/enac...d

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Thu 19 Dec 2019 09:45
CVT transmission failure - Wooly1234

Good point, must check the previous legislation

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Fri 20 Dec 2019 12:05
CVT transmission failure - thunderbird

It would be great to hear from other people with the same defect.

To do that you need to tell us what car it is. Naming and shaming individual garages is not permitted but telling us which car is causing you issues is perfectly normal. Look around the forum and you will see its done all the tine.

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Fri 20 Dec 2019 20:21
CVT transmission failure - Wooly1234

Thank you Thunderbird but would rather not.

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Fri 20 Dec 2019 23:20
CVT transmission failure - Andrew-T

This all seems peculiarly coy or cloak-&-dagger ... ?

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Sat 21 Dec 2019 15:38
CVT transmission failure - thunderbird

This all seems peculiarly coy or cloak-&-dagger ... ?

I am eagerly awaiting the SPAM.

But if it is a kosher post why the OP cannot tell us the make model is beyond me. Asking for advice and refusing to identifying the car is a first for me.

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Sat 21 Dec 2019 15:46
CVT transmission failure - Brit_in_Germany

I must say that calling for affected people to group together but not giving any details is somewhat contradictory.

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