gearbox problem

the belgian · Post by **the belgian** » Tue Jul 03, 2012 7:51 pm

Guys & girls, need some advice and opinion on this one, please help.

Bought new 2010 , 2.3 I with 8,000 mls so far. Took the car in for its first service last month and I complained that the gearbox was not shifting gears properly. I also informed them that the gears have been like this from new.

B.M.W agreed that the gearbox was faulty and replaced it with new gearbox. Pick the car up last week , drove home and called the dealer back complaining that the gearbox was exactly the same.

Took the car back to the dealer , they call me and inform me that the car need a new gearbox.

I am now at the stage that i don't particularly want to keep this car as i am worried what will happen after an other 8,000 mls or 2 to 3 years from now. what is your opinion on this ?

TitanTim · Post by **TitanTim** » Tue Jul 03, 2012 9:28 pm

3rd time lucky, if still no joy then I would be pushing for a replacement car of the same age and mileage.

Tim.

Rialas · Post by **Rialas** » Wed Jul 04, 2012 4:39 pm

If its exactly the same, then it's probably not the gearbox.

Gearbox ecu?

Maniac · Post by **Maniac** » Wed Jul 04, 2012 4:49 pm

Is this an auto or manual gearbox, and what exactly do you mean by not shifting properly?

the belgian · Post by **the belgian** » Thu Jul 05, 2012 7:21 am

its a manual gearbox and no it is not a gearbox problem, i know that for sure and i am not a mechanic , yet bmw insist in replacing the box again.
I have a problem shifting gears, especially when pulling the gear lever down, ie 2, 4 and 6th gear, also reverse is a nightmare. difficult to explain , it feels that the gearbox and the gear lever are not aligned properly.
Spoke to the dealer last night and informed me that my problem is with bmw not the dealer , i would disagree with this as i bought the car from the dealer and not bmw.
Informed the dealer that i would be looking for a like for like replacement.
My reason for this, it only has 8,000 mls and had a few problems already the car seem like a Monday morning car. when the warranty runs out i will need to fit the large bills.
It will be difficult to sell the car on, if the buyer ask me what problems i had with it he wont buy it that's for sure.
lastly i bough a new bmw because i wanted reliability for 10 to 15 years, paid good money for the car and i would expect it the work the way it was indented to.

kevinmarkwhite · Post by **kevinmarkwhite** » Thu Jul 05, 2012 8:48 am

the belgian wrote:Spoke to the dealer last night and informed me that my problem is with bmw not the dealer , i would disagree with this as i bought the car from the dealer and not bmw.

You are both right on this, although you are more right than the dealer!

I think they have to get authorisation from BMW to do warranty work and in your case it seems like BMW are insisting its the box.

You are 100% correct though, you bought the car from the dealer, so your contract is with them.

My leak in my car - been in to dealer 5 times and they wouldn't replace any seals because BMW wouldn't authorise it!

I guess the dealer could do the work, but the warranty wouldn't pay them, so they'd lose money - and whilst thats not our problem, we all know its not gonna happen!

didn't someone else on here have the same issue recently...or was that you?

lacroupade · Post by **lacroupade** » Thu Jul 05, 2012 10:14 am

Sadly after two years you can't insist on a swap of any kind. You are firmly in repair territory.

However, you are well inside any warranty period, so my suggestion would be that, since the car should remain 'fit for purpose' during this period (and beyond, some legal sources would argue...), you simply (and politely) point out that its the dealers responsibility to rectify any faults and that if they fail to do so, you will simply take the car elsewhere, give someone a blank cheque to effect repairs, and then sue them for the amount you've spent plus costs for inconvenience, hire car etc.. etc... oh and the cost of a full independent engineers inspection.

Possibly even worth spending £100-200 on getting a solicitor do this initial letter on your behalf (but you need to help them word it, trust me).

I would also copy BMW Customer Services on this correspondence.

I think they've played into your hands by accepting theres a problem and suggesting some sort of solution, even if its an inappropriate one at this stage.

Its a PITA but, in my view, a simple game of legal poker. Good luck.

cjp2k · Post by **cjp2k** » Fri Jul 06, 2012 1:32 pm

Dealers do have to get BMW authorisation otherwise they dont get paid.

We had a issues on my mrs old ford fiesta with the brakes, ford dealer kept getting told what to replace, couldnt fix it, eventually ford sent out their own technician who has authorisation to replace anything and everything until he fixes it....I imagine bmw are the same....

the belgian · Post by **the belgian** » Fri Jul 06, 2012 4:18 pm

i would agree with what has been said, and i fully understand that the dealer does what bmw tells them to do. However the dealer know as well as i do that it is not the gearbox yet the car is booked in again for Tuesday and the problem will not be fixed , were does that leaves the dealers reputation and service, or does he not care about his customers? I think he has a duty to argue with bmw on my behalf.

i have two main problems here, i can't sell this car because if a potential buyer ask me of the car history he or she will know that it has at least 2 gearbox replacements ( and more to follow ) and a new fuel pump, this all within 8,000mls.

secondly my warranty is out next year and i am extremely worried that the bills just keep coming and next year i have to fit the bills. Now i know cars cost money, but 8,000 mls and all this what will it be like after 30,000 mls . the cars still smells new. hence the reason for a replacement car and i would not mind if this is costing me money but i don't want to have all the financial pain myself ,i think the dealer should contribute to this fiasco as well. or do you think i am going to far with my expectations ?

lacroupade · Post by **lacroupade** » Fri Jul 06, 2012 4:26 pm

the belgian wrote: or do you think i am going to far with my expectations ?

Sadly I do. No way on earth is a dealer going to swap a car out thats been driven for two years, and nor are they legally obliged to - that kind of option is only open in serious problem cases and only for a few weeks or so after purchase from new. The fact you've done low miles is irrelevant.

And unless a prospective buyer asks very specific questions, I don't think you are obliged to say anything about gearbox replacement. Even if you are, its got a new one, so what?

I don't think you have any choice but to let them go through the motions, see if it sorts anything and, if not, then its clearly something else like the linkage. If the garage refuses to accept theres still an issue, get an independent engineering inspection report and take it from there.

Stop getting so wound up and just focus on getting it fixed first, then decide what you want to do with it later - its just a piece of machinery, its under warranty and detectable problems must be fixed at their expense.

kevinmarkwhite · Post by **kevinmarkwhite** » Fri Jul 06, 2012 7:31 pm

I agree with your concerns about potential buyers being concerned if they find out about the gearboxes, but as lacroupade says, they might not need to find out.

Also, he (or she...sorry) is right in saying not to get wound up about things. Obviously, easier said than done, but you are worrying that there will be lots more issues with this car and when the warranty runs out you'll have to pay. Those concerns are only natural, but this gearbox issue is only really 1 issue....it has been present since day one (so its not that things are failing) and its just that they haven't identified the part yet. In all probability, once they do (although its becoming a marathon to find it) it will be fixed and ok with no further issues.

But as I said, easier to say when its not my car.

bcworkz · Post by **bcworkz** » Fri Jul 06, 2012 10:02 pm

I'm astounded that they want to change the gearbox again, and yet seem to have no interest in changing out the shift linkage. It's a shifting problem! If it's not the gearbox, it has to be the shift linkage! If they're taking out the trans again anyway, how much more could it cost to swap out the linkage while they're at it? I would push for this extra bit being done as insurance for the whole thing being finally sorted. If they baulk, maybe they would do the labour if you paid for the parts (100 some quid?), as a goodwill gesture on both sides? It'd be worth it just to get it all finally sorted.

I'm confident once this is behind you, you will more than likely have an enjoyable, trouble free car. Don't worry so much! Focus on getting the current issue resolved, which you have some control over. It'll take enormous patience, but it will be resolved. OTOH, you can't do anything about the future, so relax!

lacroupade · Post by **lacroupade** » Fri Jul 06, 2012 10:22 pm

kevinmarkwhite wrote:
Also, he (or she...sorry) is right in saying not to get wound up about things.

LMAO - definitely a 'he' thanks! I just happen to fancy the arse off Helena Bonham-Carter

kevinmarkwhite · Post by **kevinmarkwhite** » Sat Jul 07, 2012 7:13 pm

lacroupade wrote:
kevinmarkwhite wrote:
Also, he (or she...sorry) is right in saying not to get wound up about things.
LMAO - definitely a 'he' thanks! I just happen to fancy the arse off Helena Bonham-Carter

Can't fault that!

the belgian · Post by **the belgian** » Wed Jul 11, 2012 6:40 am

an update . pick the car up last night and all seems ok now. Just not to sure why it would take 3 gearboxes to get this right.

dealer and bmw agreed on a 2 year extended warranty, seems fair to me

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