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Vauxhall Vivaro - Where do I stand on this? Gearbox issue - Adam Walton
I purchased the used van in January, less than 3 months later (it has 3 months warranty) the gear box developed an issue, vehicle was returned to dealer and a loan van was given..

6 weeks later and after they tried to get Vauxhall’s to help with the new gear box, I was told they are looking to buy the vehicle back from me, then one week later they have fixed it!
All good I though, so I asked where the gear box came from, the response was “another vehicle” I asked what was age and mileage of the gearbox, I was told “less than you had on yours” I asked where is came from, “another vehicle” they said, I asked them for details on the other vehicle and mileage, they won’t give these details, I asked them why they would go to all the bother of swapping to gearbox’s to fix mine when they could have just put a new one in, this was cheaper was the answer!
I asked them to confirm details and mileage of the doner van or I would like my money back, this was met with “vehicle has been fixed to a satisfactory condition, you can’t have your money back”
I doubt very much that the repalcement gearbox is newer and less miles hence the reluctance to let me know details of it.
What do you think?
Vauxhall Vivaro - Where do I stand on this? Gearbox issue - skidpan

You bought a van with a working gearbox.

The gearbox broke.

The garage fitted a used gearbox form another vehicle that since you have not said otherwise must be working.

Therefore you are back to the position you were in January i.e. you have a van with a working gearbox.

They have repaired your van.

Enjoy.

Vauxhall Vivaro - Where do I stand on this? Gearbox issue - RobJP

You bought a van with a working gearbox.

The gearbox broke.

The garage fitted a used gearbox form another vehicle that since you have not said otherwise must be working.

Therefore you are back to the position you were in January i.e. you have a van with a working gearbox.

They have repaired your van.

Enjoy.

Agreed. End of story
Vauxhall Vivaro - Where do I stand on this? Gearbox issue - Adam Walton
Back in a position of potentially having a gear box wilth 100000 miles on it, not the 37000 that was on it, this gear box hasn’t be refurbished, just swapped, and they won’t give me the details of the doner van, if they did and it was younger with same or less miles, I wouldn’t have an issue!
Vauxhall Vivaro - Where do I stand on this? Gearbox issue - RobJP
Back in a position of potentially having a gear box wilth 100000 miles on it, not the 37000 that was on it, this gear box hasn’t be refurbished, just swapped, and they won’t give me the details of the doner van, if they did and it was younger with same or less miles, I wouldn’t have an issue!

Legally, they have put you back into the position you were in. You have a van with a working gearbox.

I know someone who managed to wreck a manual gearbox on an Audi within 25k miles. I've personally run one with an identical box, from new to 150k miles. It was still in perfect running order when I sold it - and I still, 8 years on, see it 2-3 times a week, as it's local to me. Now well over 250k miles, and still going strong.

Quite possibly the low mileage and use type has put a lot MORE wear than would be present on a higher mileage gearbox. Especially with poor driving style.

Going off the mileage the box has done is completely missing the point. The point is that it works. Ergo, the fault is fixed. Ergo, the liability to you is satisfied.

If you're not happy, then go speak to a solicitor. They'll either tell you to stop wasting your time and be happy with the repair, or (if they're shysters) quite merrily take your money and string you along until the case gets thrown out.

Vauxhall Vivaro - Where do I stand on this? Gearbox issue - ExA35Owner

If you are a business rather than a private purchaser, the law is different anyway: consumer protection won't apply and you'll be looking at law of contracts.

Vauxhall Vivaro - Where do I stand on this? Gearbox issue - Adam Walton
Mileage was confirmed as higher than original gear box, and they have agreed to refund me and take the van back!

So all sorted, in my favour! Thanks for all the above info.... not sure it helped!
Vauxhall Vivaro - Where do I stand on this? Gearbox issue - SLO76
“Mileage was confirmed as higher than original gear box, and they have agreed to refund me and take the van back!”

Well fought and good on the dealer for backing down. This case shows how important it is to stick to your guns. Any half decent dealer who is concerned with their reputation will usually offer a compromise and buying the vehicle back is the most sensible option. The secondhand engine and gearbox market is full of rogues and cheats with many so called low mileage used motors actually coming from high mileage end of life vehicles.