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Land Rover Freelander Head Gasket Failure

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Land Rover Freelander Head Gasket Failure
9 July 2005, 9:53 AM
Jon
Joined 6 May 2005
387 posts

Please e-mail me direct e-mail JS Home Office [Log in to view email]

Land Rover Freelander Head Gasket Failure
10 July 2005, 1:17 AM
Jon
Joined 6 May 2005
387 posts

Hi all

I've set up a new e-mail address specificaly for this subject: Action Commitee which is as [Log in to view email]


Land Rover Freelander Head Gasket Failure
10 July 2005, 4:28 PM
Jon
Joined 6 May 2005
387 posts

Please respond with your details to me at [Log in to view email]

Land Rover Freelander Head Gasket Failure
11 July 2005, 1:32 AM
-  Edited by Jon 11 July 2005, 1:44 AM
Jon
Joined 6 May 2005
387 posts

Hi Mike

if you want to join with other owners answer response 146


Land Rover Freelander Head Gasket Failure
11 July 2005, 1:34 AM
-  Edited by Jon 11 July 2005, 1:42 AM
Jon
Joined 6 May 2005
387 posts

if you want to join with other owners answer response 146


Land Rover Freelander Head Gasket Failure
11 July 2005, 1:36 AM
-  Edited by Jon 11 July 2005, 1:42 AM
Jon
Joined 6 May 2005
387 posts

Hi

If you want to join other owners go to response no.146


Land Rover Freelander Head Gasket Failure
11 July 2005, 2:47 PM
Gavin
Joined 11 Jul 2005
38 posts

I would be interested to find out how your case progresses. I have been in touch with a local solicitor who tells me I would be wasting my time trying to use the sale of goods act. The twist is that he himself had sold his Freelander on the recommendation of his mechanic. The poor buyer suffered a head gasket failure just after! This particular solicitors response was buyer beware!!!

I purchased my Freelander from new, and have had three failures. So far it has had a complete new engine and then two more cylinder heads. These were fitted at three different dealers (I did this just to prove that the components are at fault).

I believe that the sale of goods act should protect purchasers in this case - however as you must know you can only use it against the retailer (your dealership), not the manufacturer. It seems that you will need to risk more money than the car is worth to bring a case at all. Seems like a toothless law then (nothing new there!).

I have created a website to highlight this issue. You might like to visit it at http://www.pagetraining.com/landrover_freel......sket_engine.htm

or search google for 'freelander head gasket'


Land Rover Freelander Head Gasket Failure
11 July 2005, 10:48 PM
-  Edited by Mike 11 July 2005, 10:57 PM
Mike
Joined 5 Jul 2005
7 posts

Message for Gavin (and others)

I think it depends on how much you are claiming for. If it is less than £5000 then you have nothing to lose as there are no costs implications. I have a barrister contact who specialises in product liability claims and I have tried to speak to him today but with no joy. Will try again tomorrow. I found your site separately. Very useful it is too!

As I see it we can pursue LR in negligence but we would have to prove that the defect arose as a result of their negligence. That might prove difficult as we would need engineering evidence. However, it occurred to me that those of us who have had problems since the watchdog report might well argue that LR should have done a product recall at the very least after that time and were negligent in not doing so. I appreciate that a lot of the info indicates that the work they do on these engines never actually solves the problem but at least it is a start in a negligence claim. Has anyone seen the Watchdog report because I have tried to search for it to no avail and could really do with seeing a copy?

As far as my personal situation is concerned, our car is on the LR main dealers premises stripped down and ready for repair. I have not spoken to the dealer yet as I want to speak to my friendly barrister first. We need the car back and if the dealer wont waive labour charges we will need to pay them first and pursue them afterwards as they wont let us have the car back otherwise and we need it back!

Cris, I am happy to join an action committee.


Land Rover Freelander Head Gasket Failure
12 July 2005, 1:01 AM
junklander
Joined 1 Jul 2005
32 posts

Hi all,

In a letter of demand to LR Australia, amongst other issues, I have pointed out that the sale of replacement engines for Freelanders built before 2001 may contrevene the Trade Practices Act. It goes like this:

"I am also concerned that when I purchased the replacement engine from Land Rover I was openly told by LR Customer Care that this new engine is exactly the same as was fitted at time of vehicle manufacture. This is clearly dishonest trading in light of the clear and mounting evidence regarding these engines.
I would assume sellers trading products with known faults (as identified in Land Rover’s own Technical Advices 0026 and 0036 distributed to its dealers worldwide), would be outside the guidelines of The Trade Practices Act. I have referred this as a separate matter to the ACCC for investigation".

Terry.


Land Rover Freelander Head Gasket Failure
12 July 2005, 1:15 PM
Gavin
Joined 11 Jul 2005
38 posts

Thanks for your reply Mike. I am looking for more than the £5000 limit on small claims. I believe that if the letter of the sale of goods act is followed then the Freelander is an item that has been sold that is 'not fit for purpose'. I think that a vehicle that has an engine that fails consistently (and in so many reported cases) defines an 'unfit item' quite well. I have demanded a refund less wear and tear for the vehicle and a refund of labour charges. Needless to say the dealer has stuck up more fingers than I care to count.

I am in effect trying to get the dealer to buy back the shoddy goods (as they would do if it were a sticky 'non-stick' frying pan.) but it seems that because they took so much money off us in the first place then they are not obliged to follow the letter of consumer law.

As many others have said, they would not wish a Freelander on any prospective purchaser and I think this also proves the point that Land Rover should get their corporate heads out of the sand.

I am of the opinion that a mass group action is the way to go rather than letting Land Rover deal will individual cases - thus sweeping the issue under the carpet.

I have also been amazed at the blatant lies that come from dealers regarding this issue. One service manager at a dealer in Chester was honest though - he told me he did not want the work!

I had an email from Geoff in Australia last night. He has parked his oil dripping Freelander on the drive of Land Rover Australia. His engine has just gone for the seventh time! He is demanding a new car.

Maybe if the pile gets big enough....


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Land Rover Freelander Head Gasket Failure
12 July 2005, 1:39 PM
fraggle
Joined 9 Jun 2005
7 posts

Here's a thought. Why don't we (and all the other disgruntled car owners out there) start a petition to get some decent legislation in place that applies to cars and protects us the motorist.


Land Rover Freelander Head Gasket Failure
12 July 2005, 6:40 PM
Mike
Joined 5 Jul 2005
7 posts

I have spoken to my barrister contact and he has confirmed what I thought. We cannot use the Consumer Protection Act as that would only cover us for personal injury claims and damage to private property. The courts would be unlikely to entertain a claim in negligence where there is an alternative remedy in contract so the only real recourse is against the dealers under the terms of the Sale of Goods Act.

I pointed this all out to my dealer today but they didn't understand and instead spoke to LR again only to be told that the matrix dictates what they will pay out. They are now going to get LR to phone me tomorrow to discuss further. I don't hold out much hope of them changing their minds though.

Mike


Land Rover Freelander Head Gasket Failure
12 July 2005, 11:37 PM
junklander
Joined 1 Jul 2005
32 posts

I would encourage those forum participants that are no longer active, to contact Cris at [Log in to view email] to join the Action Committee against Land Rover. Like others that have since traded their Freelanders, I still have a vested interest in this subject. At the end of the day I am sure we all want to see Land Rover brought to account for creating such financial misery for so many.

Also keep an eye on Gavin's web site at http://www.pagetraining.com/landrover_freel......sket_engine.htm for more data on this issue.

Well done to Geoff for returning faulty goods to Land Rover....I hope he manages to get some media coverage as well, (before Land Rover parks it out the back so no one can see!!). Hopefully Geoff will join the forum soon.

Terry.


Land Rover Freelander Head Gasket Failure
13 July 2005, 10:05 AM
Graham
Joined 1 Jun 2005
16 posts

Message for Mike.

The dealership has given notice that it intends to defend the claim, which I expected. The defence is due this week, no doubt it will be based on lack of timely servicing etc, which we're ready to defeat. Will post updates. Even if I lose I'll feel better for taking it all the way.


Land Rover Freelander Head Gasket Failure
13 July 2005, 10:08 AM
Graham
Joined 1 Jun 2005
16 posts

Take the money from LR, tell them you are doing so only to mitigate your loss and that all your rights are reserved. Then sue the dealer you bought it from, or at least threaten to. You could sue LR but as you say little chance of success and you could have a costs risk if the court thinks you're bringing a hopeless claim.


Land Rover Freelander Head Gasket Failure
13 July 2005, 10:21 AM
Graham
Joined 1 Jun 2005
16 posts

Dear all, the main reason it is not advisable to sue LR is that the loss is probably "pure economic". English law basically states that you can't sue in negligence for pure economic loss. If you bought an iron and it blew up damaging some clothes you might be able to recover in negligence for the damaged clothes, but not for the iron itself. It follows that if an engine fails you probably cannot claim for the engine itself, at least not in negligence (it needs to be contract against the dealer). Graham

Land Rover Freelander Head Gasket Failure
13 July 2005, 11:05 AM
Jon
Joined 6 May 2005
387 posts

Hi Graham

Spot on, ive been posting this advice for ages


Land Rover Freelander Head Gasket Failure
13 July 2005, 11:27 AM
Jon
Joined 6 May 2005
387 posts

Graham the very best of luck!

You probably know this but they can't just spring there defence on you on the day. Have they put in a defence within the time limit? If so would you mind disclosing it via the e-mail address i've put on this board. Also please let me know if the dealer tries to bring LR on board as a co-defendant.


Land Rover Freelander Head Gasket Failure
13 July 2005, 12:21 PM
Graham
Joined 1 Jun 2005
16 posts

Yes. They have 28 days. I'll be surprised if they don't file a defence given previous correspondence. Graham

Land Rover Freelander Head Gasket Failure
13 July 2005, 3:08 PM
-  Edited by clive 13 July 2005, 3:10 PM
clive
Joined 5 Jul 2005
7 posts

Hi. all of these comments deal with sueing the dealer, i daresay there is no actual recourse thrugh the courts for an older vehicle purchased privately. The hope therefor would be a joint action to make Land Rover accept liability for the unfit product that they have produced.

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