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Vehicle Warranty Question

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I bought my VW EOS new in June 2008.

The day before the warranty expired I managed to convince the garage and VW that the turbo had a fault and they fixed it under the warranty a few days later. Now, two years later it has failed again. They have told me that as the car is now over 5 years old that VW are no interested in helping out with the cost. The dealership are also saying that as the part was replaced under warranty I did not pay for it and therefore there was no statutory warranty with the new part. Had I paid for it I would've had a 2 year warranty with it.

My question is are dealers/manufacturers allowed to replace a part and not offer a warranty on the replacement, on the basis that I didn't pay for it. What if they had put a sub-standard part on that fails quicker than it should.

I do average mileage, 62000 in 5 years, do not drive the car hard, still on original brake pads and discs, so I am struggling to understand why I seem to be getting through turbos so quickly.

Thanks in advance.

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