Member Since: 14 Jun 2009
Location: Surrey
Posts: 21
LR Expert Needed for possible court case
Hi There.
I have been given one expert from another forum. But another names would be useful.
I have a Disco 3 08 Model bought Dec 2007 and it has had numerous problems and I have now rejected it.
It had Tyre issues, smoking exhaust, coolant hose broken, Sat Nav fail, etc etc.
Lastly the suspension failed and I need and expert to determine the when these faults may have existed. The suspension went the they replaced a sensor. three weeks later it went again and they replaced all the other sensors and the compressor. This time I didd't take the car back.
13 warranty claims in 1 year.
Exhaust still smoking and they deny any issue and say it's normal. 74 instances of it in 45 mins of mixed driving!!
This is getting to Court stage very soon.
LR Customer Care stinks I'm afraid. More like I don't care and prove there's a problem.
14th Jun 2009 7:49 am
DiscoDunc
Member Since: 08 May 2006
Location: Bristol
Posts: 16390
What dealer is looking at it. I would suggest your first move is to change dealer. the quality of dealers varies as with everything else in life....Duncan
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14th Jun 2009 8:40 am
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
Re: LR Expert Needed for possible court case
wwf wrote:
I have been given one expert from another forum.
Other forums cannot possibly have a D3 expert
Anyway ....can you detail the circumstance of the smoking ...how and when it occurs ?21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
As far as rejection goes, got to start this honestly:
Normally occurs with terminal issues within a few hundred miles of new purchase. 18 Months isn't going to get you very far at all.
How Many miles have you done ? I would suggest as already said you need to try a new dealership.
They do smoke on acceleration, it's a big old oil burner - but cars behind you shouldn't dissapear from view - so this could be down to your expectations - or a true fault.
Sensors have been known to fail, and do cause all sorts of suspension warnings - but any court will reject your claim on the grounds that it's a component failure - and it is not unreasonable for it to fail in use. It has now been replaced so - problem solved.
Now:
If you have leased the vehicle, have it on a pcp etc the law is very much in your favour. You have paid for a service provision, therefore you have much better hope of rejecting with the finance company under the terms of your agreement.
This is how my first D3 went back, funded by LR and the fleet company - I got a new car But my failures were complex, I had very real paint issues, EGR failures, power steering, aircon, seat problems, hazards that refused to turn off, a stereo that despite being replaced 3 times wouldn't work, fuel guage that lost the plot, steering wheel control switches didn't work etc
Most if not all of these problems could have been fixed by TFC, Yeovil or my goodself with the help of this site Paint was the killer problem though "To finish first, one first has to finish ...."
14th Jun 2009 9:49 am
AndrewS Tarquin of the Desert
Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10438
13 faults in one year I used to dream of having only 13 faults in one year you lucky lucky
FIRST YORKSHIREMAN:
Aye, very passable, that, very passable bit of risotto.
SECOND YORKSHIREMAN:
Nothing like a good glass of Château de Chasselas, eh, Josiah?
THIRD YORKSHIREMAN:
You're right there, Obadiah.
FOURTH YORKSHIREMAN:
Who'd have thought thirty year ago we'd all be sittin' here drinking Château de Chasselas, eh?
FIRST YORKSHIREMAN:
In them days we was glad to have the price of a cup o' tea.
SECOND YORKSHIREMAN:
A cup o' cold tea.
FOURTH YORKSHIREMAN:
Without milk or sugar.
THIRD YORKSHIREMAN:
Or tea.
FIRST YORKSHIREMAN:
In a cracked cup, an' all.
FOURTH YORKSHIREMAN:
Oh, we never had a cup. We used to have to drink out of a rolled up newspaper.
SECOND YORKSHIREMAN:
The best we could manage was to suck on a piece of damp cloth.
THIRD YORKSHIREMAN:
But you know, we were happy in those days, though we were poor.
FIRST YORKSHIREMAN:
Because we were poor. My old Dad used to say to me, "Money doesn't buy you happiness, son".
FOURTH YORKSHIREMAN:
Aye, 'e was right.
FIRST YORKSHIREMAN:
Aye, 'e was.
FOURTH YORKSHIREMAN:
I was happier then and I had nothin'. We used to live in this tiny old house with great big holes in the roof.
SECOND YORKSHIREMAN:
House! You were lucky to live in a house! We used to live in one room, all twenty-six of us, no furniture, 'alf the floor was missing, and we were all 'uddled together in one corner for fear of falling.
THIRD YORKSHIREMAN:
Eh, you were lucky to have a room! We used to have to live in t' corridor!
FIRST YORKSHIREMAN:
Oh, we used to dream of livin' in a corridor! Would ha' been a palace to us. We used to live in an old water tank on a rubbish tip. We got woke up every morning by having a load of rotting fish dumped all over us! House? Huh.
FOURTH YORKSHIREMAN:
Well, when I say 'house' it was only a hole in the ground covered by a sheet of tarpaulin, but it was a house to us.
SECOND YORKSHIREMAN:
We were evicted from our 'ole in the ground; we 'ad to go and live in a lake.
THIRD YORKSHIREMAN:
You were lucky to have a lake! There were a hundred and fifty of us living in t' shoebox in t' middle o' road.
FIRST YORKSHIREMAN:
Cardboard box?
THIRD YORKSHIREMAN:
Aye.
FIRST YORKSHIREMAN:
You were lucky. We lived for three months in a paper bag in a septic tank. We used to have to get up at six in the morning, clean the paper bag, eat a crust of stale bread, go to work down t' mill, fourteen hours a day, week-in week-out, for sixpence a week, and when we got home our Dad would thrash us to sleep wi' his belt.
SECOND YORKSHIREMAN:
Luxury. We used to have to get out of the lake at six o'clock in the morning, clean the lake, eat a handful of 'ot gravel, work twenty hour day at mill for tuppence a month, come home, and Dad would thrash us to sleep with a broken bottle, if we were lucky!
THIRD YORKSHIREMAN:
Well, of course, we had it tough. We used to 'ave to get up out of shoebox at twelve o'clock at night and lick road clean wit' tongue. We had two bits of cold gravel, worked twenty-four hours a day at mill for sixpence every four years, and when we got home our Dad would slice us in two wit' bread knife.
FOURTH YORKSHIREMAN:
Right. I had to get up in the morning at ten o'clock at night half an hour before I went to bed, drink a cup of sulphuric acid, work twenty-nine hours a day down mill, and pay mill owner for permission to come to work, and when we got home, our Dad and our mother would kill us and dance about on our graves singing Hallelujah.
FIRST YORKSHIREMAN:
And you try and tell the young people of today that ..... they won't believe you.
ALL:
They won't!In the Beginning there was nothing, which exploded.
Last edited by AndrewS on 14th Jun 2009 10:03 am. Edited 2 times in total
Rejection after time if you have an exceedingly good case (not cakes) will also take into consideration age, mileage, depreciation and condition.
You may be better to re-align expectations with reality and fix or sell.
Hope this helps"To finish first, one first has to finish ...."
14th Jun 2009 10:13 am
wwf
Member Since: 14 Jun 2009
Location: Surrey
Posts: 21
90BHP wrote:
Hello and welcome WWF . . .
As far as rejection goes, got to start this honestly:
Normally occurs with terminal issues within a few hundred miles of new purchase. 18 Months isn't going to get you very far at all.
How Many miles have you done ? I would suggest as already said you need to try a new dealership.
They do smoke on acceleration, it's a big old oil burner - but cars behind you shouldn't dissapear from view - so this could be down to your expectations - or a true fault.
Sensors have been known to fail, and do cause all sorts of suspension warnings - but any court will reject your claim on the grounds that it's a component failure - and it is not unreasonable for it to fail in use. It has now been replaced so - problem solved.
Now:
If you have leased the vehicle, have it on a pcp etc the law is very much in your favour. You have paid for a service provision, therefore you have much better hope of rejecting with the finance company under the terms of your agreement.
This is how my first D3 went back, funded by LR and the fleet company - I got a new car But my failures were complex, I had very real paint issues, EGR failures, power steering, aircon, seat problems, hazards that refused to turn off, a stereo that despite being replaced 3 times wouldn't work, fuel guage that lost the plot, steering wheel control switches didn't work etc
Most if not all of these problems could have been fixed by TFC, Yeovil or my goodself with the help of this site Paint was the killer problem though
Thanks for the update. The problems started as soon as I bought the car - It's on a Hire Purchase with a MGFV - unregulated agreement. I have engaged a solicitor and also have a barristers opinion (he's a specialist in consumer law) I can argue the contract has not been affirmed.
I have held the finance company in breach of contract. It was returned / left at the dealer in Jan this year - even though I am still paying for it. I had done 16,000 miles and had it 13 months. It;s not straight forward. The suspension failure could have been a latent defect and inherent - this need to be investigated. I have not been offered a new car. The smoking exhaust is not normal. I have followed many Disco 3's and RR sports ( there are alot around where I live) none do what mine does/did.
You point about a service 9about the finance agreement), that is my argument and also consumer direct's (trading Standards) view
May I ask what info you have in this regard and what arguments you may have put forward.
The Consumer Credit Act does not apply in this case. The finance co is LRFS.
You might be interested to know that Land Rover themselves have said they are now acting for the finance company, themselves and the dealer.
Your right the 'fight' is with the finance company. Trading Standards have mentioned their is no right in the contract to repair or replace, nor in the act. SOGIT 1973 - it's in breach and my remedy is contract recission and damages.
Still need an expert to back up my case.
15th Jun 2009 8:30 am
Discofever
Member Since: 18 Dec 2008
Location: Norwich, Norfolk
Posts: 86
Hmm, I agree with DiscoDunc, change your dealer. I am no expert in these matters, but I did purchase a Defender 57MY XS Double Cab (brand new), after 11 warranty jobs it still didn't work correctly. However you need to be swift with your action, my problems started within the first 2 weeks of ownership, after the first 2 months, I had only been able to drive the Defender a total of 3 weeks! Land Rover assist where brilliant, but couldn't correct the probs, so every time the Defender had to be picked up and sent back to the dealer. The dealer was always fantastic, a nearly new Disco 3 was dumped on my driveway within 2 hours every time. After nine months of this charade I was very perplexed, to put it mildly. I have owned Defender's all my life and they have always been the primary form of transport for the family, therefore with the launch of the so called "new model", well I couldn't get my order in quick enough. I won't go into the issues because you would die of boredom, but some were similar to yours.
In the end, LR tried to convince me that it was well and truly fixed, but by this time I had had enough, and duly rejected the vehicle. They were not pleased! i stood my ground and after explaining with all the various gadgets and extras my DC had set me back 34K, and my wife refused to see it back at the farmyard ever again, this truck had left us stranded in the middle of nowhere on several occasions. So to sum up, I demanded a Disco 3 as a replacement, if not lawyers might have to involved. Two days later I had sourced the D3 I felt that fitted the bill, I insisted that I had a full three year warranty even though the D3 was an 06MY - there was no arguement, in fact the dealer spent a further 3.5k putting various issues right with the D3, and honoured the 3 year warranty.
If you are still reading this, the answer is to be persistant, don't give in!!!
As a side issue, I happen to know the chap who bought my 57 Defender, I asked how it was, he said he couldn't tell me, it had been at the dealers for 4 weeks of the 8 he had owned it.
So there are good ones and bad, stick to your guns. Your issues are real, not imagined....
Good luck!
Simon2006 Discovery 3 TDV6 SE auto, Cairns Blue, Lamp Guards, LR Roof Bars - Just love it!
Club AT2
Insofar as an expert is concerned your solicitor or barrister should be able to recommend the right expert.
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none Electric or H2 fuel cell - yet.
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15th Jun 2009 6:00 pm
wwf
Member Since: 14 Jun 2009
Location: Surrey
Posts: 21
Hi Discofever
Thanks for the input.
I sent another letter today to LR and spoke with the Dealer Principle at some length. The thing is they have had the solicitors letter (LR are acting for the Bank) They are challenging me to prove the vehicle is defective!!!!! I sne another letter today and we'll see where that gets. I have now found an expert and am awaiting his initial view after reviewing the notes and the video.
Will update if a resolution is forthcoming
Thanks again to you all
Any other useful info is gratefully received and read.
15th Jun 2009 8:45 pm
10forcash
Member Since: 09 Jun 2005
Location: Ubique
Posts: 16534
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
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But my failures were complex, I had very real paint issues, EGR failures, power steering, aircon, seat problems, hazards that refused to turn off, a stereo that despite being replaced 3 times wouldn't work, fuel guage that lost the plot, steering wheel control switches didn't work etc
