dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
  
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Winger wrote:Bon chance.
The weakness in your position, as relates to the Sale of Goods Act, is that you have continued to have use of, and make use of, the vehicle for an extended period of time.
For that reason, even if you succeeded in bringing an action against the dealer, you would not be awarded a full refund.
I'd give some serious further thought to what you plan to send and what you aim to achieve if I was you.
I would have expected the use to be an issue, however without professional consultation the use of the product whilst awaiting and following their defined attempts to resolve the problems should not effect my rights. In addition they have claimed repeatedly to have fixed issues or have fixes on order, and in this situation I have to drive the car to prove if the fix has worked.
As for difference in value... well my time and all the inconvenience etc. can be claimed for which I expect will come to far more than the cost differential. e.g. 33Kmiles @15% mpg underperformance = £1k, 15 trips to and from dealers = 3000 miles = £600 plus my time ruined weekend away etc. etc. will easily cover £8K. + say £32K for the car and I will happily take the refund and go to another dealer and buy a new one. 
I really want them to admit I have been extremely patient, that the issues have been ongoing since purchase and bite the bullet and replace it. Im not willing to continue the 'we think we may have a way of fixing it this time' route any longer.
My final option will be publicity for which I may call on a certain contact in a certain mainstream TV carshow to help out if I have to but really dont want to go that far if it can be helped.
I will try and get some advice on my letter as a whole. but ive tried to keep the detail of the issues seperate from the body of the letter (theres 4 pages of them with history.)
thanks for the advice. 2004 TDV6 HSE Auto Zambezi Silver
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 5th Sep 2006 10:43 pm |
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caverD3
Member Since: 03 Jul 2006
Location: Oberon, NSW
Posts: 6922
  
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Don't know enough about consumer law in UK but a consultation with asolicitor would give you some ammunition in dealing with LR. Just saying you have spoken to your solicitor will help.
A letter of demand would be the next step from the solicitor, shouldn't cost too much, but get a price first.
I managed to get VW here to replace a Golf 2.0 TDI, they replaced the day after I gave instructions to my solicitor to send a letter if demand.
A small legal bill is nothing compared to obtaining a replacement vehicle.
Good luck.  “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely gamesâ€
Ernest Hemmingway
D4 3.0 Active Diff, Adaptive Lights, High Beam Assist, Surround Cameras, Privacy Glass.
D3 2.7:Adaptive Headlights,Electronic Rear Diff,ARB Bar,Blaupunkt Speakers,JVC Powered Subwoofer,Removable Snorkel,Mitch Hitch,Pioneer After Market Head Unit,Steering Wheel Control Adaptor,Remote Adjustable Supension Rod System, Taxside Dual Battery System.
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| 5th Sep 2006 10:50 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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thanks that was exactly what I was planning after this letter. 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 10:53 pm |
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Glymmer_Man
Member Since: 08 Mar 2006
Location: Sunny Downtown Sydney. I wish it were raining.
Posts: 319
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Content Deleted Dave
Disco Dreaming
Last edited by Glymmer_Man on 31st Oct 2006 1:04 am. Edited 1 time in total
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| 5th Sep 2006 10:56 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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But, as far as UK law is concerned, make sure you send the letter to the right party.
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| 5th Sep 2006 11:02 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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yes understood. will ammend and send to both dealer and LR as opposed to cc dealer. 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 11:04 pm |
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Winger
Site Moderator
Member Since: 15 Feb 2005
Location: UK
Posts: 3428
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No, send it to the Dealer Principal and copy it to Land Rover (I'd suggest the CEO), and if you are planning on using "rejection" wording, then it would do no harm to consult your solicitor to ensure that your letter is watertight.
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| 5th Sep 2006 11:06 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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oh god  LR are the only ones taking this seriously at the moment.  was hoping they would broker a resolution and give dealer relavent slap for not performing. the rejection route is my only way of getting any significant change to the current perpetual loop of unfixable issues. 
I will have to discuss with solicitor then and maybe soften words to effect that I know my rights and will formally reject the vehicle if an acceptable alternative is not offered within x days. 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 11:15 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50953
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| Re: Wish me luck.... once more into battle |
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dylansdad wrote:perhaps having a hse with all the gadgets some will say you should expect more problems than those with a simple S spec, but I cannot accept that a higher spec and cost vehicle should be expctd to experience the level of failures .
I'm sorry ...but this statement really tells me a lot about what you know about D3's
...how much difference do you think that there actually is technically between the S and HSE
....and how many of the differences have proven to be faulty. 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
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| 5th Sep 2006 11:25 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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dear mr DG......... that comment was merely statements made by others on this site and not my opinion. however given that the wiring loom is specific to the options you order .e.g. Phone integration and cant be retrofitted, or 3rd row aircon has extra wiring and pipes and condensors etc.etc.etc it follows the higher spec'd vehicle the more there is to go wrong. So I can understand why people think like that.
critisising me personally about my knowledge or lack of of the D3 is plain stupid. I dont WANT to know how the D3 works..I just want it to. 
I am extremely gratefull to those on this site that have offered advice and support. Helping me build an understanding that what I am experiencing is not normal has helped me to stop the dealer pulling the wool over my eyes. and fingers crossed get some closure to this nightmare. 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 11:33 pm |
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simon
Member Since: 11 Jan 2005
Location: Shropshire
Posts: 18296
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Most of the wiring is built into each vehicle on the assembly line. there will be only minor differences. Cost effective way to build as well as offering the ability to change spec if needed while a build is in progress.
Option is enabled with sw if fitted.
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| 5th Sep 2006 11:49 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50953
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...I just thought it strange how the 'simple S' was raised again tonight I don't want to appear to be criticising anyone.....but i don't hear anyone saying it except you  ....the truth is that the fundamental technical differences between the S and HSE are few...actually the fundamental differnces between the base 7 and the HSE are few....
If you understand that ....great....start telling the peeps who keep telling you otherwise then we'll all be happy 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
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| 5th Sep 2006 11:53 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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not what dealer has told me. e.g. full phone kit is based on a fibreoptic wiring loom thats not fitted as standard. therefor meaning carkit cannot be fitted unless specified at build 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 11:54 pm |
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dylansdad
Member Since: 04 Apr 2006
Location: Solihull
Posts: 745
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DG... peope on here have replied with it to me... I believe it should all work. but if you dont have the options on the vehicle I can see why others dont experience as many problems 2004 TDV6 HSE Auto Zambezi Silver
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| 5th Sep 2006 11:56 pm |
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simon
Member Since: 11 Jan 2005
Location: Shropshire
Posts: 18296
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parts of the bus on the D3 are fibre... especially the media entertainment systems... which factory the phone kit will integrate with.
If you have an after market or dealer installed LR kit fitted they have A to D convertors I believe. TFC knows all the clever CANBUS stuff but essentially the main systems, bus, loom are identical.
I think the dealer is trying to get factory fit options sold as they make more margin. Integration is better with head unit of course... and thats essentially where the fibre links lie.
Someone more technical will be along soon I'm sure to explain
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| 5th Sep 2006 11:58 pm |
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