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Gear box failure after seven months - who should pay?

I bought a 52 reg BMW X5 from a independent dealer, Oxfordshire Motor Village.

The car worked fine for seven weeks and then had a transmission failure. I took it initailly to a BMW main dealer who said that the torque converter and gearbox needed replacing, they quoted £4500, for the job.

I called the warranty company (Auto-protect, set up as part of the sale by the dealer) who said that they would only cover up to £2000. So I moved the car on the advice of the dealer to an independant company to fix.

That company rebuilt the gearbox and torque converter for £1800, but the warranty company has refused to pay as the failure in both items was as a result of wear and tear.

Is there anyway I can get either the warranty company or the dealer to pay for this fix or at least contribute? The initial cost of the car was £7700.

Asked on 18 June 2012 by bill h

Answered by Honest John
Yes. The dealer has to pay. This is the law: www.honestjohn.co.uk/faq/consumer-rights/
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