Mossy wrote:

Hi Ecosse,

Some of the niggles have been resolved but the suspension / compressor is an on-going problem. The car is in at the moment, since last week, waiting for warranty to approve the replacement compressor and the part to arrrive, which I understand is on back order.

Paul

Mossy wrote:

I have plans to visit the dealership today as phone progress is not ideal. I'll see what I can establish and make my feelings known. LRCS, who said they would take ownership of the problem and call me back have failed to despite my repeated prompts.

Mossy wrote:

OK. The Car is in the dealers so I have no use of it. It has been there since Friday last week.

I do appreciate all your comments, and the supportive and helpful PMs, so thanks.

Paul

Need to look at 3 different issues:-

A) Rejecting the vehicle - this is something between you and the dealer (not LR) as it is the dealer who sold you the car not LR itself - you have identified the difficulties with this but if the problems have been recurring & not resolved then you could try that - best to return the vehicle with formal letter advising reason for rejection & asking the sales manager to call you to discuss & give them time scale to repay failing which you will have to raise a court action (but watch if your rejection is not sustained then you will end up with storage charges, have lost the use of the vehicle for that time & you will probably find that the dealer if they decide to reject your rejection will detail to you their charges for this!). You can however also reject and instruct them to collect the vehicle (but yours is with them at present so might be ideal time to try a rejection letter delivered personally!!!)

B) Sale of Goods Act - the repairs you are getting are not really being done by the dealer as the retailer (See Para C below)). Your remedy per the Sale of Goods Act if goods not fit for purpose (& with a high £ value car that is quite a high standard!) is to either (a) reject the goods and you are entitled to a refund rather than a replacement, despite what most retailers would have you believe or (b) retain the goods and seek damages (ie compensation £). The second course might be worthwhile considering - use a Small Claims Action if you are happy with the £ limit on it & you then have a simple DIY route with contained costs!! Rejection (as in A above) has to be done within a reasonable time to be effective & this is a source of much litigation with cars )

C) The Warranty (guarantee). This is the interesting one Everyone tries to claim that your contract for your car is with the dealer.. it is.. BUT, you also have a separate parallel contract directly with LR!!.. in the form of the 3 year warranty (it is not a dealer warranty). That warranty says they will put right manufacturing defects. Therefore if they don't (through their authorised agent ie the LR dealer, although you might also want to raise it by letter with LR CS who from my experience won't reply quickly and then show that LR itself has not responded to the warranty issue), you can pursue them 2 ways:- either breach of contract & simply sue for damages (again small claims avoids risk of cost escalation) or an action for specific implement ie get the court to order LR to implement the warranty & repair the vehicle (ensure that you have an alternative crave that if they fail in x days then you get £y damages & also that they have to supply similar alternative vehicle when off road).

For general information, the last course of action would also be effective for anyone who had a vehicle with defects in functionality that you could show was meant to be there - these might be the cabin heater timer if you could show that it was represented to you as having it; or the altimeter in the sat nav (LR have confirmed that it does not have the necessary facility to correct the altitude which in Scotland shows 150 feet high!! & is a clear defect in that system!)

Sorry to now put a disclaimer on the above, but it is provided for general information and as a discussion topic not as legal advice, and specific advice should be obtained on the individual circumstances of any given vehicle.