Thanks to everyone for thier advice on this, unfortunetly the dealer at oak wood motor company, bolton where i bought the car is trying to make me pay for as much as possible and is treating this an inconvienence to him not me.
His final offer is for a re conditioned gear box and a new bmw mini clutch kit and the cost to me will be 350 pounds i think he wil be paying in the region of 800
Obviously im not happy at paying anything and they are trying to say i must have driven the car hard and have broken it in the 800 miles i have driven in it (not the case, its my pride and joy)
I have spoken to trading standards and citizens advice bureau who gave conflicting info but trading standards said it would be a lengthy procedure and i may need to have a specialist report to about the gear box and i may not get anywhere.
Im trying to look on the bright side that im getting a new gear box and clutch for 350 and after speaking to lohen and bmw they have put my mind at rest and have said that a re con box is ok and will be better than the box that was in before it broke as it wil have new bearing and seals etc, bmw also said the boxes they sell at 1700 quid are also re cons!
Anyway im just gonna get it repaired and see how the car is after the work, fingers crossed!
Thanks everyone for your help and advice.
Mark