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ian franklin
Member Since: 19 Jul 2005
Location: essex
Posts: 52
  
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I purchased a six month old ex demo, deisel, S. ONE hour latter, had suspension failure, park brake failure, and hatch is locked........It is with the dealer now, and awaiting compressor. What should I do....help please
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 19th Jul 2005 4:39 pm |
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Martin
Site Admin and Owner
Member Since: 06 Nov 2004
Location: Hook Norton
Posts: 18452
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Hi Ian
First of all, welcome to the site 
The compressor problem seems to be affecting quite a few cars now. However to get failure of the car after one hour is totally unreasonable, and you may want to reject the car as not being fit for purpose (see the other thread about the compressor for more details - http://www.disco3.co.uk/forum/viewtopic.php?t=727 ).
Is the car running the latest software version do you know? This has cleared a lot of faults on members' vehicles previously, and might be worth checking/doing anyway if the dealer insist on keeping the car off the road.
The sooner LR hurry up and get the 'new' compressor out, the better 
Martin
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| 19th Jul 2005 4:49 pm |
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Martin
Site Admin and Owner
Member Since: 06 Nov 2004
Location: Hook Norton
Posts: 18452
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Martin wrote:The sooner LR hurry up and get the 'new' compressor out, the better
Obviously they should also ensure that it's up to scratch as well, not rush out a replacement 
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| 19th Jul 2005 5:06 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
 
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A secondhand vehicle must match its description, be fit for its purpose and be of satisfactory quality. However, the standard for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand. A secondhand vehicle should be in reasonable condition and work properly. When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it.
If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if not perfect.
If you have a complaint about the vehicle, it will have to be established that the defects were present when you bought it. Whether it is your responsibility to show this, or the dealer's, will depend on the individual circumstances. However, if it is your responsibility, the general rule is that the longer you have owned and driven the vehicle before complaining, the harder it will be to prove that it was sold with the defects, although your use of the vehicle since you bought it will also be taken into account.
There are two circumstances in which you may not have any rights under consumer law. These are where:-
1. The vehicle’s defects were specifically drawn to your attention by the dealer. You may still be able to make a complaint if, for example, the dealer said the clutch was stiff when in fact it was worn through. If the dealer did not point out the full extent of the defects they are still liable for those they missed. However, the dealer does not have to say anything about the vehicle’s condition at all
2. You inspected the vehicle before you bought it and should have noticed the defects. However, if you try to deny liability because you examined the vehicle and did not notice the defects, you could try arguing that you examined the vehicle as a layperson and could only be expected to gain the most general impression of the vehicle, not to spot mechanical or structural defects.
As you have now returned it to the dealer, the assumption is that you want them to fix it, not give you your money back. As the vehicle is under warranty, that seems reasonable to me - from the dealer's perspective. It would be down to you to agree with the dealer whether some form of compensation was in order (a loan car, for example).
Sounds as though Martin is right, and that it maybe a software update will resolve the problem - though there are other causes for the failures you mention.
The rear door locking may be an electric failure, or a settings issue - one button vs. two button unlocking.
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| 19th Jul 2005 5:21 pm |
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ian franklin
Member Since: 19 Jul 2005
Location: essex
Posts: 52
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thanks your responces, yes do need new compressor, but am worried when it will arrive. 2. the rear hatch actuator has broken, and park brake problem unknown....not bad for a car I have driven for 2 hours...The dealer is being very good, but ......in view this cr has laess than 5,000 miles, should I refuse it or what should I expect from the dealer as a sorry.
Overwise I think it is a great car so far, but who knows what the next two hours driving will bring ?
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| 19th Jul 2005 7:57 pm |
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Dom Harvey
Lord of the Four Fingers
Member Since: 15 Apr 2005
Location: Dorset
Posts: 7454
 
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Aaaaah the joys of owning a Disco3. 2004 Discovery 3 - gone
2006 Discovery 3 - gone
2008 Discovery 3 GS - gone
2011 Freelander LE Special Edition - gone
2007 Discovery 3 XS - gone
2012 Discovery 4 GS - current
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| 19th Jul 2005 8:26 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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You've got two options: let the dealer fix the car, or ask for your money back. IN the case of the latter, I suspect that the dealer will want to show that they can put the faults right. I imagine that you bought the car because it is what you wanted, and was a good dea; repairing it is not going to cost you anything.
I'd give the dealer a reasonable chance to sort it out, though it will be interesting to see how long it takes them to get a compressor. You might want, though, to make it clear that you are far from impressed, that consumer law is on your side and that it would be perfectly reasonable to ask for your money back, and what are they proposing to do to compensate you for the inconvenience.....they should be suitably .
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| 19th Jul 2005 10:08 pm |
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ian franklin
Member Since: 19 Jul 2005
Location: essex
Posts: 52
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HAve been told today, cant get compressor for love nor money.....Dealer said will take one off a new car they have in stock.... I hope it will be back today
thanks
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| 20th Jul 2005 2:49 pm |
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BN
Member Since: 18 Mar 2005
Location: Here
Posts: 6463
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Compressors are going to be even harder to get I am told in about 2 weeks time when the factory holidays start.
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| 20th Jul 2005 3:08 pm |
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ian franklin
Member Since: 19 Jul 2005
Location: essex
Posts: 52
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It now gets better, after beeing told the tailgate was fixed, all of a sudden they now are awaiting a part............god help the service counter when I do getthe call to pick it up, any tips of compensation would be nice (already have a free service)
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| 20th Jul 2005 4:36 pm |
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BN
Member Since: 18 Mar 2005
Location: Here
Posts: 6463
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Ian, I sympathise, because getting a new vehicle and not being able to use it is not only frustrating, but sole destroying. I have had many vehicles in my years and there are three that I desperately wanted there and then.
Two of them I had to wait for and had problems. One was OK and I must say, I lost interest in that one quicker than the others. Spares for LR I must say are proving to be a bit of a problem.
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| 20th Jul 2005 5:42 pm |
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ian franklin
Member Since: 19 Jul 2005
Location: essex
Posts: 52
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Picked up my fixed D3, but 3 miles down the road, park brake light on again..............The dealer received a call, and I have demanded another car. Whilst i am awaiting them to resolve situation, they have given me another loan D3, and guess what, 15 miutes latter another park brake warning light........In total i have driven 50 miles in 3 D3, andhad a total of 5 faults......God help Landrover tommoow !!
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| 21st Jul 2005 5:10 pm |
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BN
Member Since: 18 Mar 2005
Location: Here
Posts: 6463
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ian franklin wrote:Picked up my fixed D3, but 3 miles down the road, park brake light on again..............The dealer received a call, and I have demanded another car. Whilst i am awaiting them to resolve situation, they have given me another loan D3, and guess what, 15 miutes latter another park brake warning light........In total i have driven 50 miles in 3 D3, andhad a total of 5 faults......God help Landrover tommoow !!
The park brake situation, I have a theory, but need to know what is happening. Can you pm me as to how you operate it and anything you do, before starting, when running and when stopped please.
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| 21st Jul 2005 5:23 pm |
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simon
Member Since: 11 Jan 2005
Location: Shropshire
Posts: 18296
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The park brake issue was...
The car tries to apply the park brake while driving in 4th gear and senses the cars moving too fast so displays an error. Clears at next restart.
This was fixed in version 9 of the software. I had this issue (as have many) and it has never occurred again.
Maybe the software is not up to date ?
-s
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| 21st Jul 2005 5:28 pm |
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BN
Member Since: 18 Mar 2005
Location: Here
Posts: 6463
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Simon, I think because the car is an ex demo it is certainly going to be one of the earlier ones with the old software. It may not have had any service either as a demo car and being below the 15000 miles.
I also think that some of the original cars had a setting via the park brake hence the problem and LR decided, wisely to alter it in supsequent software.
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| 21st Jul 2005 5:34 pm |
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