Member Since: 17 Jul 2014
Location: Tonbridge
Posts: 707
Buying a faulty D3. My experience.
Hello All,
I thought that I would update you on my experience that I have had since purchasing my D3 faulty from a car "dealership". On purchase the dealer claimed that it had just passed MOT and had an Service B and Cam belt change...
I bought a D3 GS from a company in Bradford 11th December 2014. I paid £11750.
On 03 February 2015 I had the vehicle inspected by MMP Land Rover. The vehicle purchased was found to be unsafe for road use. The following faults were found:
1. Injector Seal Failure – Driverside
a. Fire caused under engine cover melting material
b. Combustion gas escapes past injector and into cabin
c. Foam stuffed around injector in order to mask issue
d. Not road safe
e. Fire risk
f. Could not be missed when changing timing belt or service.
2. Fan blades broken
3. Passenger rear upper suspension bush badly deteriorated
4. Heat shield missing from passenger front wheel arch.
5. Leak from transition box
6. Break Service Box – 3 clips broken
7. Wiring behind battery cut open with wires spread out.
8. Air conditioning pipes insecure in engine area.
9. 1x Locking wheel nut cracked
10. 1x locking wheel nut missing
11. Various swollen wheel nuts
12. Exhaust down pipe loose at flex joint
13. Noise from driver rear wheel - possible breaks.
14. Both front and rear break pipes rusty
15. Passenger headlight – Orange reflector broken
16. Play in front steering joints
After 6 letters I had the vehicle returned fully with the original problems correct. The vehicle was collected, returned at the cost of the dealership.
This was only achieve through very specifically worded letters. (more that happy to send you a copy if you need it). I used the Sales of Goods Act as a hand rail and reported the problem to Trading Standards; through citizens advice. This added significant weight to my complaint.
Under the Sales of Goods Act I was advised to ask for a full refund and accecpt the full amount if offered or allow the deal one chance to rectify ALL of the faults above.
After stating the faults in my first of 6 letters I continued....
"Under the Sale of Goods Act 1979 goods you supply must be fit for purpose. The car is now deemed unsafe for use and likely to suffer an engine fire if driven. As there was a problem with the goods when I bought them, I request that you provide a full refund and collection of the vehicle at your own cost.
I have enclosed a copy of the receipt in support of my claim, the last 3 MOT certificates and the last entry made by Beckside 4x4 Centre Ltd within the 'Service Records' in support of my claim."
This was sent Royal Mail special delivery...
Within 24hrs the owner rang and argued that the Car was fine... After giving the example verbally "That if you sell a pair of shoes with a holes in them the shoes would not be fit for purpose.." The owner agreed to have the vehicle collect and inspected.
I requested that before collect that he email me the confirmation that upon collect (at his cost) the car would be removed and all faults fixed (within 2 weeks) and returned (at his cost).
He emailed to say that he will have the injector fixed...
Before the car was collect I ensure that all faults would be collected
Letter two,
"In my letter dated 03 February 2015 I requested a full refund for the above vehicle.
During our telephone conversation at 1541hrs on 06 February 2015 you expressed that you were ‘unaware of the issues’ and willing to fix the vehicle.
In response to you email at 0747hrs I feel that there is a need to address the terms of the collection and work that shall be carried out in order for the vehicle be corrected.
In your email to me you stated,
“After receiving your letter about the faults on your car. I rang you today to have a chat. After talking to you it's been agreed I get the vehicle picked up from your address and fix the injector problem†– Email 0747hrs
There was no agreement made over the phone with regard to the work that was going to be conducted. In order to bring the vehicle in line with the Sale of Goods Act 1979 (as amended) in which the goods you supply must of a satisfactory quality, fit for purpose and as described.
Within the advertisement that you had on Autotrader.com on 09 December 2014 you stated,
“Land Rover Discovery 2.7 Td V6 GS 5dr Auto FULL LEATHER…
Full service history, Excellent bodywork, Black Full leather interior - Excellent Condition’
I feel that the vehicle you supplied has failed to comply with the Sale of Goods Act 1979 and that correcting the fault with the injector will not bring the car to the standard as described.
The Sales of Good Act 1979 states that [goods],
“Satisfactory quality - free from minor defects, safe and durable for a reasonable length of time.â€
After six letter all of which maintained professional and calm I received My D3 back fixed.
So I would like to thank all those who offered advice and would be more than happy to help anyone who finds herself in my position.
Mini83342016 D4 Landmark
Santorini Black
Removable Tow-Trust
Spare Wheel Guard
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Previous:
2007 D3
TDV6 GS
Automatic
117000
Blanked EGR
V8 Brake Upgrade
Harming Sat Nav Mod
Beanie Grill
De-Tango
14th Apr 2015 7:20 pm
grzesiul
Member Since: 11 May 2008
Location: UK
Posts: 6266
happy for you that you managed to sort it out as D3 is excellent car and you would enjoy it for sure
14th Apr 2015 7:26 pm
Disco_Mikey
Member Since: 29 May 2007
Location: Dundee, Scotland
Posts: 20727
Long, stressful process, and at the worst time for you, but it's all sorted now, and you can get on with enjoying the car
Member Since: 17 Jul 2014
Location: Tonbridge
Posts: 707
Cheers Mike!
P.S. A big for Disco Mike who offered great advice and has a keen eye for the smallest Faults!2016 D4 Landmark
Santorini Black
Removable Tow-Trust
Spare Wheel Guard
-------------
Previous:
2007 D3
TDV6 GS
Automatic
117000
Blanked EGR
V8 Brake Upgrade
Harming Sat Nav Mod
Beanie Grill
De-Tango
14th Apr 2015 7:27 pm
Alan B
Member Since: 12 Feb 2013
Location: Fife
Posts: 6528
Well done,
Glad you got it sorted
D3 57 xs Stornaway grey
D2 02 commercial silver gone but a great servant and won't be forgotten
Iid Bluetooth
14th Apr 2015 8:53 pm
Hairy Dan
Member Since: 19 Jan 2011
Location: Co. Durham
Posts: 12319
That's good news, glad it's sorted Cheers Ian
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Club N.E.R.D.S
Kielder 4x4 Safari
Discoless
14th Apr 2015 9:52 pm
Biffysun
Member Since: 09 Jul 2011
Location: Central
Posts: 1787
Well done for sticking with it and seeing it through, unscrupulous sellers are getting away with this type of thing all the time simply due to the process involved and hope that the poor buyer gives up!
14th Apr 2015 10:01 pm
mini8334
Member Since: 17 Jul 2014
Location: Tonbridge
Posts: 707
Thanks2016 D4 Landmark
Santorini Black
Removable Tow-Trust
Spare Wheel Guard
-------------
Previous:
2007 D3
TDV6 GS
Automatic
117000
Blanked EGR
V8 Brake Upgrade
Harming Sat Nav Mod
Beanie Grill
De-Tango
14th Apr 2015 10:56 pm
Dave T
Member Since: 03 Jul 2009
Location: Glasgow
Posts: 6902
good to see it all worked out ok in the end. I have been there, done that with shoddy repairs (by a LR main dealer) ......... but couldn't afford to keep chasing so had a bad outcome, so its good to see a customer winning for a change. Joined the BMWX5 45e group
1994 Defender 90
2015 RRS Corris Grey/Black roof
2016 D4 Graphite Santorini Black
2012 D4 XS Orkney Grey
2005 D3 S Maya Gold
Convoy for Heroes 2011
15th Apr 2015 7:06 am
mini8334
Member Since: 17 Jul 2014
Location: Tonbridge
Posts: 707
It almost cost me as I nearly used a solicitor but I stuck to the advice from the forum and maintained my legal rights.
It ended when I suggest pursuing for damages through a small claims court for the inconvenience of not having a vehicle for two weeks. This coupled with the cost of fixing the faults and the cost of collecting and returning the vehicle put the dealer in an awkward position.
I was lucky as I had an "independent inspection" by Disco Mike and had photographic evidence of the faults and had only driven 600mile since purchase. Therefore, in line with legislation the deals feet were held firmly to the fire!
A formal, professional start, with a clear understanding of the Sale of Goods Act worked for me!2016 D4 Landmark
Santorini Black
Removable Tow-Trust
Spare Wheel Guard
-------------
Previous:
2007 D3
TDV6 GS
Automatic
117000
Blanked EGR
V8 Brake Upgrade
Harming Sat Nav Mod
Beanie Grill
De-Tango
15th Apr 2015 7:18 am
mcsimmo
Member Since: 08 Aug 2011
Location: North of the south
Posts: 1795
Well done. Man with no D3 anymore, but cant leave the forum....how sad.
15th Apr 2015 8:17 am
MJD 3
Member Since: 10 Feb 2016
Location: Teesside
Posts: 311
Glad everything worked out for you in the end, I'm pleased I checked out this dealer on the forum as I've seen a D3 that I was going to look at over the weekend and after reading about your situation will stay well clear of.
Regards
MJD 3
P.S read the reviews about this particular dealer on cardealerreviews.co.uk Interesting reading!
10th Jun 2016 2:32 pm
mini8334
Member Since: 17 Jul 2014
Location: Tonbridge
Posts: 707
Wouldn't touch them with yours! 2016 D4 Landmark
Santorini Black
Removable Tow-Trust
Spare Wheel Guard
-------------
Previous:
2007 D3
TDV6 GS
Automatic
117000
Blanked EGR
V8 Brake Upgrade
Harming Sat Nav Mod
Beanie Grill
De-Tango
10th Jun 2016 5:45 pm
MJD 3
Member Since: 10 Feb 2016
Location: Teesside
Posts: 311
Wouldn't let ya!
12th Jun 2016 8:40 pm
Dalesrider
Member Since: 21 Mar 2017
Location: Yorkshire
Posts: 6
Unfortunately I didn't see this before I bought my 06 D3 from this dealer in Bradford and am now paying the price - despite an AA 120 point report it turns out the brake pipes are corroded to the point of being dangerous, one pad wear indicator wire was cable tied out of the way and the other was corroded and needs replacing and the intercooler is split and the wheel nuts need replacing, one of the seat belt buckles works intermittently and the ash tray won't stay shut.
"last owner was a RAC mechanic" I'm told...
These guys are the worst kind of old school second hand dealers and you should stay well clear.
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Mini8334
