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Used car with a loud gearbox

I would appreciate your assistance with the following matter:
I purchased a Saab 9-5 Estate 2.3 Aero manual (2005 05 - 1 owner and 105k miles with full Saab service history) from a dealer on 22nd April 2012. In the first week of ownership I noticed a whine from the transmission - particularly in 1st and 2nd gear.

I took the vehicle to a local specialist Saab dealer (not the supplying dealer) - who inspected and identified an overfilled gearbox and damaged bearings causing the noise. Written report indicated gearbox replacement or repair as the solution.

I immediately contacted the supplying dealer, who agreed to take the car back and subject it to inspection himself (which he has apparently undertaken).

It took 2 weeks to get any form of response - with the dealer indicating; "...as far as I'm concerned the vehicle is fit for purpose and perfectly commensurate with being 7 yrs old and 100k miles. The gearbox has not failed..."

I have not collected the car and am not content as the issue remains with the car.

What is my position with this issue - as the car does drive, but may fail at any time? I feel I have been reasonable in providing the car back to the dealer, leaving it with them for inspection and even providing a copy of the report I paid for to diagnose the problem.

he Dealer Principal has not answered my calls and the only contact I have from him is a text message, which included the quote above.

The dealer concerned is Specialist Cars of Somerset - an organisation trading as a supplier of high-end and exotic cars. I paid £3,000 for the Saab (including a trade-in, which has since been sold). I like the car - as I have indicated to the dealer, but am not content that the issue remains.

Could you please recommend a way-forward with this issue - as at present I have no access to a vehicle! If I collect the vehicle and have it repaired - am I likely to be able to recover costs (and could I sue through my local small claims court)?

Should I formally reject and try to recover the full purchase price (though I appreciate this may take some time and be expensive/messy)?

Asked on 19 May 2012 by Tim S

Answered by Honest John
Over a £3,000 7 year old 100,000 mile car I think the dealer is being reasonable. I've bought and sold cars with noisy boxes before and never had one give up on me. With one car (a 1988 Jetta 16v), I put some STP transmission additive into the box via the speedo drive point and, though noisy, it held together for a couple of years and remained together in the hands of the guy I sold the car to. So, I suggest you try that.
Dear Honest John,

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