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Mini Cooper gearbox issues - can I ask BMW Mini for compensation

My 2008 Mini Cooper developed a gearbox whine a few weeks ago and I took it in to the local dealer for diagnostics, where they found a faulty gearbox and quoted nearly £4000 to remove and replace with a new one.

Obviously, I am not happy and have queried whether the part was fit for purpose. The dealer has since approached Mini UK for a 'goodwill payment' but this has been declined. I’ve looked on the internet and it appears that this is a known gearbox fault; do I have any redress against the dealership or BMW Mini?

Asked on 26 July 2013 by Dr Jason Howard

Answered by Honest John
No, Act of Parliament actually states that it is reasonable to expect goods to last 6 years; only that they can be expected to last a "reasonable" time and this has been interpreted by the courts variously. See: www.honestjohn.co.uk/faq/consumer-rights/ If you took this to the small claims track of the county court a judge may or may rule in your favour.
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