Ask an expert


phover

We have a six year old car purchased new which has now travelled 57000 kms. It has developed a noise in the automatic gearbox. The manufacturer will not make any contribution to the repair of this fault. I am contemplating a Disputes Tribunal hearing on the subject, but don't want to waste my time on a procedure that has little chance of succeeding. Is it reasonable to expect a vehicle which has been serviced by a franchise dealer to the manufacturer's requrements, to develop a transmission fault at this low mileage? As you can guess, I would be seeking to apply the CGA test to this case and am wondering if you have some ruling history on similar instances. Thanks for your help.

ABayliss

In your favour are the factors that you are the first owner, you have always serviced the car with the dealer and the mileage is low. However, depending on the make and model, most warranties are for three years, which means yours expired three years ago.
I wouldn't say that you have a strong case, but given the factors in your favour, you may have a slim chance of succeeding with a contribution towards the repair.
We're not privy to any case law on the subject, however you'd be on the right track by going down the CGA track if you do go ahead.

phover

Thanks for your prompt reply. I shall weigh up the options, given your input.