Land Rover Freelander Head Gasket Failure
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Yes, private sales are subject to the same law. However, you would have to prove that the seller was aware of the problem. This might prove difficult to establish. First, ensure that the vin is original. Also if you have the service history check with previous servicing dealers. Last but not least & the most important if you are successful, can the seller repay you. Good luck
yes clearly they aknowledged within 14 days. If you don't already know may I suggest that on the 28th day you check with the court by phone & if they miss the deadline apply immeadietly for summary judgment. Good luck
Cris, yes I have it in the diary to ring and then go for default judgment. They can defeat this if they can establish they need more time etc but in a simple claim about a failed engine it will be hard for them to do so. Graham
Yes even if you did obtain a judgment they could apply to have it set aside. However they would have to have a strong argument as to why the Court should grant such an application. After all the rules are there to be followed by all of the parties. Also they are a defendent with greater funds defending against an ordinay member of the public. If they should ARGUE for more time, going from the date of your letter of intent & not the summons, I would argue that they have had more than enough time to prepare & any delay would place a further & unjustified financial burden upon you. Again Good luck
Thanks for the reply. I dont think that anybody is aware of the impending failure of these engines, our car was in good order with a good service history, i had only checked the water/oil the day before and the car had only travelled a total of 16 miles on the day it gave up. I think that the only way anybody in my situation is likely to get any compensation for an engine that only survives for 40% of its expected life is that this whole situation is continually brougt up in the public eye as a mass action and Land Rover are forced to back down. It is not only the cost of replacement engines however but the rapid depreciation of the vehicle which will get a lot worse as the problem becomes more widely known. Clive
As in my case, I agree entirely with your comments. The cylinder head gasket can fail at any time and without warning on these engines. As I mentioned in an earlier thread, my depreciation on the vehicle was some £6500 over two years, and dealers are already aware of the potential problems with the model, most choosing not to retail them. I wouldnt wish a petrol Freelander on my worst enemy! Mark
Rover group is not Landrover they parted some time ago Landrover is owned by Ford & still very much in business
Yes I understand your point the problem is that a negligence claim will be very costly. The plan I am formulating at the moment is the possibility of a number of owners issuing proceedings in the county court against their supplier on the same day. I would expect the press to pick this up (they would certainly be made aware) & the ensuing publicity might be just what is needed. In addition, & notwithstanding the aforegoing, I also am at present taking Trading Standards to task. When I 1st spoke with them the adviser stated it was a civil matter however I suggested that LR continuing to sell a vehicle with a known serious defect might actually be a criminal act. I will be speaking to them again. I have pointed out that they exist to protect the consumer & rather than individuals taking costly action, they should be the organisation taking action against LR. I'll let you know the outcome Re: the private sale. There is case law, the 1st involved a house sale, placing a duty upon the seller to disclose such matters. Lets face it what buyer would ask "do the cylinder liners slip" Adverts Currently On Preloved - Place an ad here for free
As I am in Australia I guess I won't be participating in the county court proceedings, however I hope that a positive result will have a a flow on effect for owners outside the UK. On the matter of trading standards I think it is important to appreciate that when The Freelander first went to market with the k-series engine, no one, not even Land Rover was aware of the engine defect - so no breach of the trading standards there. On 18 June 04 Land Rover issued a Technical Bulletin identifying the fault. My argument is that if a trader, having established and documented a product defect, continues to trade that product, they would surely be in breach of the Trade Practices Act. I can understand that a manufacturer can produce a faulty product - that in itself is probably not an illegal act, however trading laws must surely be breached if that manufactuer fails to take action when a major fault is identified. Terry.
I'm not sure without checking but I think LR were well aware of the design fault well before the date you mention. Don't forget this engine had been around some time & was fiitted to many rover cars which I recall suffered simular problems.
I've also made the link to this easier, see:
Graham could you contact me at the Freelander Action Commitee direct e-mail [Log in to view email]
It seems that Cris might have got the attention of UK Trading Standards. It is important that everyone that can send details of their experience with Land Rover and their dealers. He also needs to get in touch with Graham urgently. Please take a look at: Thanks Gavin
I have been in touch with the SMMT Society for Motor Manufacturers and Traders regarding my case and they want to take it up. I'm currently just sending them my information so will let you know the outcome, but it may be worth us all contacting them so that they know that its not an isolated case and take it more seriously! Worth a go!!
Thanks also to Gavin...the web site is looking great. For the information of Freelander victims in Australia: the ACCC is now collecting data on this matter. They have already received several complaints and agree that a pattern is emerging. They have agreed to contact Land Rover. I strongly encourage you to put your story in writing to the ACCC office in your state. Addresses can be found at: Terry.
The problem with expecting the SMMT to act in your interests is a little misplaced. Of course I wish you the best & would be most pleased to hear you've been successful.
Whats the age of your Freelander? Did you purchase new? Please join the action commitee via Gavins web page, as linked to his posting on this site, & we wilI be able to offer confidential advice.
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Edited by Jon 13 July 2005, 8:46 PM
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