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Used car with gearbox problems

I purchased a Fiat Grande Punto 3 weeks ago from a used car dealer. I have noticed a whine in 1st and 2nd gear, and upon visiting a local garage they have diagnosed the issue to be worn bearings, and a new gearbox is required.

The car has a 3 month warranty sold with it, but unfortunately it doesn't cover wear and tear which I believe this issue will be classed as.

When I called the dealer to state I was dissatisfied they referred me to the warranty and stated that if I wanted to take the matter further I would need to contact trading standards.

Please advise me on what to do about:
A) Getting the car repaired under warranty if it is not a wear and tear issue.
B) Contacting the car dealer for rejection or repair. As I have only had the car three weeks the issue must have been present on purchase.

Asked on 25 November 2011 by Joss Stuart

Answered by Honest John
If the dealer will not replace the transmission then he must take the car back and give you your money back. This is the law under the supreme court judgement Clegg v Olle Anderson (trading as Nordic Marine) 2003. Nothing to do with the useless warranty that he sold you with the car. More here: www.honestjohn.co.uk/faq/consumer-rights/
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