My Volkswagen Golf broke down because the servicing dealer did not change the DSG fluid - is he responsible for repairing it?

I have a Volkswagen Golf Hatch 2.0 TDI GT (Automatic). The car does approximately 500 miles a week and has been serviced every 10,000 miles by the supplying Volkswagen dealer. At two and a half years old, the car broke down three times in one month just before its 60,000 mile warranty ran out. On the third breakdown the car was also serviced, with no further problems being found. After the service I was still not satisfied that the car was running smoothly. I rang the garage to tell them and they responded by saying it should be OK as no problems were found when serviced. I used the car as normal. When it reached 61,000 miles it broke down again and was taken back to the dealer for further inspection. We asked for a full assessment on the fault. The conclusion was that the DSG gearbox oil filter had not been changed at 40,000 miles. Surely this should not of happened to a car that was serviced on a regular basis? Isn’t it the job of the dealer to make sure that all necessary checks and parts are replaced? Neither me, nor my partner was given any advice on this. None of the paperwork points this out. We have been offered 40 per cent discount of £1,050 as a goodwill gesture towards a new DSG gearbox, but the dealer wants £1,650 to repair it. The dealer also refused a courtesy car so I’ve had to hire an automatic car.
You are correct. It is essential that the microfilter of the DSG or ‘S-tronic’ transmission is replaced at the same time as the fluid otherwise failure such as you have experienced is quite likely. Therefore, in my opinion, the supplying and servicing dealer has been grossly negligent in not making this essential replacement, is wholly responsible for the failure, and is obliged to repair or replace the transmission to a "satisfactory standard" entirely free of charge to you. I confirm that this is a well-known problem.
Answered by Honest John on

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