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Gearbox replacement failed during warranty, £400 charge for collection and delivery?!

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  • Gearbox replacement failed during warranty, £400 charge for collection and delivery?!

    Good morning,

    I'm hoping to get some advice regarding the warranty on my gearbox.

    Last October the gearbox/clutch failed on my car. After searching online I found a company that had workshops all over the UK, 1200 positive reviews, competitive prices etc. One of the workshops was apparently local to me so I spoke to them and agreed to use them to get my car checked prior to repairs. The website clearly stated free collection and delivery, as well as a 12,000 mile/12 month warranty.

    As the collection date loomed I enquired as to where my car will be going, and they confirmed it would actually be somewhere in Central London, about 2 hours away. As it was free C&D it didn't seem to make much difference - they pick it up, take it away, repair it, I pay, they drop it home. I just needed it done!

    Anyway, a few days later it had been checked over, diagnosed, and of course it was the worst case scenario and would cost nearly £5k for a gearbox rebuild, new clutch etc. Having paid £11k for the car less than a year before this, I had no choice but to bite the bullet.

    Anyway, fast forward to September and the gearbox developed a knocking noise. 11 months and 4,000 miles in, so it's very much within warranty. I reported this to the repair company who emailed me (I'd been expecting a phone call) and advised getting it diagnosed locally as it "wasn't necessarily a gearbox issue". I've got a local guy I trust but it took two weeks to get it booked in. £100 later and the diagnostics show that the clutch solenoid has failed and the mechanic quoted "if it's under warranty, take it back to whoever did it and get it done properly this time".

    I immediately told the repair company and it's taken over two weeks for a manager to have a look at it. I've finally had a response, and while they can collect it they are charging me £192 for collection and another £192 for delivery! So despite it being under warranty, they still want to charge nearly £400!

    I've checked over the whole website, all the correspondence, and the only warranty information given prior to the repair and payment was the 12 months/12,000 miles cover. Once I had paid, the receipt noted that warranty works are subject to a "return to centre basis" but no mention of additional charges. Even if it had mentioned charges, this was only disclosed after the repair and payment had been made.

    In my view, I paid for the whole package and therefore any warranty issues should be free, including C&D. The website states in numerous places they offer free C&D, there's no mention that they charge if their workmanship fails.

    If I had known prior to the original collection that it would cost £400 due to their choosing of a repair centre 2 hours away, I of course would not have used them. When you pay nearly £5k for a service (that an industry professional has described as "rubbish"), you a. don't expect it to fail within 12 months and only 4,000 miles, and b. you don't expect to have to pay another £400 because the work was rubbish.

    Do I have a case here under the consumer rights act or anything else?

    Many thanks for reading!
    Tags: None

  • #2
    You initially contacted your local repair workshop to avoid the problem regarding collection and delivery charges that has now arisen.
    It was the company's decision to transport the car to central London for repair, after you had contracted for the repair to be carried out by the company. You believed, rightly so, that the repair would be undertaken at your local workshop.
    Had you known that if the repair failed under warranty, you would have to pay for the car to be transported to and collected from a workshop a 2 hour journey, you would not have contracted with this company
    Put the above to the company. You could contact the local workshop again. They might arrange for the inspection etc to be carried out on their premises

    Comment


    • #3
      Originally posted by Pezza54 View Post
      You initially contacted your local repair workshop to avoid the problem regarding collection and delivery charges that has now arisen.
      It was the company's decision to transport the car to central London for repair, after you had contracted for the repair to be carried out by the company. You believed, rightly so, that the repair would be undertaken at your local workshop.
      Had you known that if the repair failed under warranty, you would have to pay for the car to be transported to and collected from a workshop a 2 hour journey, you would not have contracted with this company
      Put the above to the company. You could contact the local workshop again. They might arrange for the inspection etc to be carried out on their premises
      Thank you, I have sent a response along those lines!

      Would you happen to know if I'm covered under the Consumer Rights Act?

      Thank you

      Comment


      • #4
        Possibly under CRA Part 2 Unfair Terms
        Clauses 62 (4) an (5)
        A contract term causes an imbalance between parties:
        "Return to centre basis". The term is not clear and there is no mention that the customer pays for transporting the vehicle.

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Possibly under CRA Part 2 Unfair Terms
          Clauses 62 (4) an (5)
          A contract term causes an imbalance between parties:
          "Return to centre basis". The term is not clear and there is no mention that the customer pays for transporting the vehicle.
          They responded and included a link to their Warranty Documentation PDF (the first mention that this even existed) which includes the following:

          E. Warranty Fulfilment Procedures Post-repair, the Company shall undertake a thorough road test of the vehicle to ascertain the efficacy of the repair. For claims initiated within a fortnight following redelivery, the Company agrees to retrieve the vehicle for inspection. Beyond this period, verification of gearbox-related issues is required, and the vehicle must be returned to the Company's facility for any warranty service, under a 'return to base' policy.

          No mention of additional costs! I think I just need to pay it but I will be sure to mention it is a payment under protest while I speak with trading standards in the hope they can assist.

          Comment


          • #6
            Isn't your local workshop part of the Company's facility? What does a "return to base" policy actually mean?
            Did you contact your local workshop?

            Comment

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