In April this year I bought a 61-plate Hyundai ix35 2.0-litre diesel Style from Milton Keynes Hyundai. The car was seven months old when I bought it, and it was Hyundai 'approved used'.

It became clear very quickly that there was a problem selecting 1st 2nd and to a lesser extent 3rd gear when the vehicle was cold and until it had properly warmed up (after a drive of 20 miles or so). I booked it in to a local Hyundai dealer for them to check the electronics re tickover speed etc when cold and they found nothing wrong.

I then took it back to the supplying dealer and they confirmed that there was the problem that I had described and moreover that they had an identical car in their workshops with the same issues. They stated they knew what was wrong but that the part needed to rectify the problem were not available. I indicated quite firmly to the salesman that I was considering rejecting the car under the Hyundai approved used car option of exchange within one month of purchase and he referred me to the sales manager.

After a discussion with the sales manager I accepted his offer of replacing the gearbox with one from another new car as there were no 'spare' new gearboxes in the world. I made it also clear that I would accept this course of action as a one off opportunity for them to fix the problems.

The new gearbox was fitted but also exhibited the same problems as the one previously fitted. I was told by the service manager that Hyundai would not accept any warranty claims on a gearbox until it had completed 4000 miles. I contacted the garage and informed them of the problems with the new gearbox but I would wait the passage of the 4000 miles to see if it improved. It did not!. The car went back in September (after the requisite 4000 miles or so) for a service and for attention to the gearbox. Since then it has had 2 new flywheels, 2 new clutch assemblies, one new clutch thrust bearing and has recently been back for something like 2.5 weeks during which time they have carried out tests on the gearbox internals which are apparently OK and the gearchange cables which they suspect might be the problem.

The workshop controller did admit verbally to me that they did not really know what was wrong but they were going to order new cables and see if that cured the problem. However to date the cables are not available as they are on 'back order' and they hope to tell me tomorrow when they will be available!

To be fair the garage have been very good in my dealings with them and I am currently in one of their cars (and have been for 2.5 weeks) whilst my car languishes in their workshops.

My query is, can I reject the car as not being of merchantable quality given that this has now be going on for almost 8 months?. I would put forward my contention that I notified the garage of my desire to exchange the vehicle within the original 30 day period as allowed for the the Hyundai approved used car warranty and the only reason it has taken this long is the fact that I was told that I had to wait for the new box to travel 4000 miles before Hyundai would agree a warranty examination.

I like the car very much but my confidence in Hyundai has not been improved by the continuing difficulties with the drive train and the fact that the first new flywheel that was installed 'collapsed' within a fairly short period of time requiring yet another one. My preference would be a refund on the purchase price rather than a replacement vehicle but again I wonder what my rights are if I insisted on this course of action?

I would add that I have carried out all of my important dealings with the garage by email and I have copies of replies.