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Land Rover Freelander Head Gasket Failure
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Land Rover Freelander Head Gasket Failure
2 June 2005, 9:21 PM
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Matt
Joined 17 May 2005
13 posts
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Have spoken to Land Rover regarding my claim rejection and apparently it was due to the fact that I was not the owner while the vehicle was covered under warranty. What bearing this has I don't know and they wouldn't give a straight answer. Apparently they have a matrix where they decide which cars are covered under their 'good will' bannner!! I'd like to know why local dealers are not aware of this as it would have saved me best part of £100.
I'll write a letter of complaint and see what happens!
Regards
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Land Rover Freelander Head Gasket Failure
2 June 2005, 9:23 PM
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lewis
Joined 1 Jun 2005
16 posts
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Thankyou Graham for updating on your proceedings, we have had to make a decision today to scrap the car with a £4500 loss, we were concerned that spending £2000 plus or £3800 quoted by landrover was no gaurantee you would sell it after all would you buy a car that had had four engines I would not and am not sure I could pass it on in a decent way, after all the history of it is on Landrovers computer, we could end up being sued ourselves. Please keep the site posted of your progress and I wish you lots of luck. If watchdog researchers get back to me I would not hesitate in giving them the whole sorry tale. Incidently we had a private plate on the car and we have sent that to the breakers as its a constant reminder of the experience. with bestwishes karen.
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Land Rover Freelander Head Gasket Failure
3 June 2005, 9:37 AM
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Graham
Joined 1 Jun 2005
16 posts
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I am issuing the legal proceedings on Tuesday and serving next week. Will keep you posted. Bad luck on scraping the car Karen but at least you are now rid of it! Graham
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Land Rover Freelander Head Gasket Failure
3 June 2005, 9:51 PM
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Lee
Joined 3 Jun 2005
3 posts
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My wife has a Freelander from new (July 2001), FSH with 28K on the clock. 14th May was in the car when it started to shake badly and then just stopped. Called the AA out who advised it was the head gasket (absolutely no warning signs). Phoned my dealer who could only get the car in to look at on the 2nd June and didn't have any courtesty cars until 8th June so didn't take one, and have had a rental car since 14th (costs accumulating). Anyway, i've been told today that the engine has gone and will need a reconditioned engine approx £2,500 plus & labour £1,000. Car is out of warranty and am waiting on a reply from Landrover on what they will do, hopefully Monday. My dealer has been very supportive and assessed that the car with a FSH and low mileage should not have this problem. Hopefully will get 100% parts and labour plus I intend to claim the rental costs? Just test drove the Disco 3 last week but that order will never take place unless Landrover meet their obligations for their faulty engine! Will let you know the outcome
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Land Rover Freelander Head Gasket Failure
6 June 2005, 10:43 AM
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Graham
Joined 1 Jun 2005
16 posts
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Lee, you should certainly pressure them to pay your rental costs. Legally speaking though your claim would be against the dealer that sold you the car, not Land Rover so if they say no you'll have a struggle. If you get the full costs back you're doing better than others though! Good luck
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Land Rover Freelander Head Gasket Failure
6 June 2005, 12:15 PM
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James
Joined 6 Jun 2005
3 posts
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I've just read through the forum trail - I just wish I had before I bought my freelader 6 weeks ago. I appreciate some advice to the situation I am in.
I purchased a Year 2000 V Reg 1.8 Xei 5 door Freelander 8 weeks ago with 34700 miles on the clock from a approved RAC dealer with a so called 5 star Rac waranty. I have driven the car a total of 800 miles and on Wednesday I was on the motorway, doing 70 mph. I heard some knocking, so pulled over (no warning lights or temperature increases noted) and there was oil all down the side of the car - head gasket failure.
I took the car to an independant garage (one that has been used by the family for sometime so I trust the guy) and he said two options - 300 - 400 on a skim of the head and a replacement gasket - but that doesn't get to the bottom of the knocking probably the crank or 2500 for a new engine and the fitting. The waranty company said they will pay for 300 for a replacement head gasket but anything else was as a result of overheating and they will not pay for that (it is in the terms and conditions). The car was serviced at LR dealers but also independants before I bought it.
Can anyone recommend a course of action - I spend 8000 on the car so I don't really want to have to put another 2500 over the counter - I am tempted to get the head gasket replaced and sell it.
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Land Rover Freelander Head Gasket Failure
6 June 2005, 12:23 PM
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DavidBristol
Joined 16 Mar 2005
2 posts
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James.....get rid of it !
Best wishes to all on the site that are progressing with a 'claim' against Land Rover _ im afraid that after dealing with them for over 6 months, they are impossible to contact, have little or no integrity and (most importantly) cannot afford to admit defeat on this - It would cost them Millions.....!! I never did get the £200 they promised me for parts replacement....
I gave up, accepted my bad decision to purchase in first place and traded in - I now enjoy sleepless nights knowing that I have a car that is reliable and doesnt lurch from one design fault to the next....downside is that all traders know about the issues so dont expect a great deal.
All the best
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Land Rover Freelander Head Gasket Failure
6 June 2005, 5:46 PM
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lewis
Joined 1 Jun 2005
16 posts
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James get rid of it, as you will see from my previous posts you will see my tale, amongst the four engines mine had we had one skimmed and 4000 miles later needed a new engine. We bought the landrover from a landrover dealership when it was one year old and only had one service done elsewhere. The whole experience has been traumatic as we have spent many weeks without the car and we have lost a lot of money as we have now had to scrap it we got £500 for it. We have lost about £4000. It is not only the engine which is the problem, it has major driveshaft faults (that cost us £750) It also had a problem with the throttle cable overheating in traffic which they could not get to the bottom of , locked full on in the fast lane once. Good Luck.
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Land Rover Freelander Head Gasket Failure
6 June 2005, 6:00 PM
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lewis
Joined 1 Jun 2005
16 posts
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I agree with everything you say David, landrover are a disgrace to deal with, I feel a weight has been lifted now we have got rid of it but have kept all the receipts incase as I watch Grahams case progress I really hope he gets somewhere. I will also now enjoy a good nights sleep, but will still keep my eye on this sightas I really wish there could be some comeback on Landrover. Just as I thought thats that I received a courtesy call from my dealership today to ask how I was progressing with the freelander. so I telephoned them to say had they not noticed a scrap dealer had picked it up from them on saturday. oh sorry they said and I replied not half as sorry as me. Good luck to everyone.
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Land Rover Freelander Head Gasket Failure
6 June 2005, 8:58 PM
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James
Joined 6 Jun 2005
3 posts
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Many thanks for all the advice - it seems a pretty simple decision now - get it up and running as cheaply as possible and get shot of it. Its a shame really that this whole thing has trashed the name of land rover - I think I will go Japanese next time round as I still need something with ground clearance and 4X4.
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Land Rover Freelander Head Gasket Failure
7 June 2005, 10:24 AM
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Graham
Joined 1 Jun 2005
16 posts
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James I certainly agree with everyone regarding getting rid of the car. Legally though you may well have a good breach of contract claim against the dealership that sold you the car. Basically you should write to them setting out the chronology of events and state that:
(1) you purchased the car from them under a contract of sale dated [date]
(2) that contract had certain terms implied into it under the Sale of Goods Act, namely that it would be of satisfactory quality and be fit for its purpose
(3) under the Unfair Contract Terms Act the dealership is not entitled to contract out of the implied terms, nor use any other term of contract (including any terms of the warranty) to prejudice those terms against you
(4) in selling you a car with the head gasket problem they clearly breached the above terms of the contract
(5) you have suffered loss and damage as a result
(6) they are obliged to compensate you in damages for the loss you have suffered.
If it were me I would make perfectly clear that I am prepared to instruct a solicitor to issue a claim for breach of contract - even if you aren't it's worth souding serious.
In terms of how much you can claim you need to do all you can to mitigate your loss, i.e. be sensible and get the best quote from a reputable garage to sort the problem out. If the engine can reasonably be repaired (rather than being replaced) then you can only claim the cost of that. You can also claim reasonable costs which are caused by the failure - e.g. hire cars, taxis etc.
The only downside is timing - tactically it is probably better to wait to get it fixed (but get all the quotes) until the dealership have replied (and you have pushed them as far as you want to). This is because the easy solution for them is to fix the car for you (rather than pay the cost of someone else doing it) - i.e. it makes it more likely they will back down if they don't have to actually spend money.
I would also involve the RAC. They will be sensitive about the brand.
Good luck
Graham
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Land Rover Freelander Head Gasket Failure
7 June 2005, 10:52 AM
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James
Joined 6 Jun 2005
3 posts
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Graham - Thanks for that. It wasn't an LR dealer I got it from - but a regular car sales place which was RAC approved - hence the warantly. I was thinking that the warantly might be the place to get up to a grand back - but they are very knowledgable about the problems and will only pay for the head gasket unless I can prove that the crankshaft was damaged by something other than the overheating or loss of lubricant which in fairness is mentioned in the exceptions of the waranty - but just seems unfair to me - if the head gasket blows at 70mph and by the time you have slowed the car down there has been damaged that in their view is "driven to destruction" , I should have just piled it into the central reservation - that it seems would have been a better outcome - assuming the safety system isn't as unreliable as the the engine.
I really don't want to have to sell the car but I can't see any other sensible outcome - I need a car to do very low milage 1000- 2000 a year which needs the ground clearance and 4x4 for the fields and lanes of North Wales - part of my wants to stick with it but the sensible part says get rid - its just such a hastle selling a car privately.
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Land Rover Freelander Head Gasket Failure
7 June 2005, 11:13 AM
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Graham
Joined 1 Jun 2005
16 posts
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James it doesn't matter that it wasn't a LR dealer. Unless it's a two man operation with no money behind it it's probably still worth a go. Also the exceptions to the warranty etc are irrelevant. They are simply not entitled to escape liability for a dodgy engine, which is what they sold you. They may think they can rely on the warranty (which may mean you don't get anywhere without a lawyer's letter) however they just can't. You should have a go and make clear that any terms of the warranty, and indeed any other term of the contract, that reduces your rights under the Sale of Goods legislation are not enforceable.
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Land Rover Freelander Head Gasket Failure
7 June 2005, 11:46 AM
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Matt
Joined 17 May 2005
13 posts
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Message for Karen, did you get my emails? there's been a problem with our server so I'm not sure if they have been getting through.
I'm having problems finding a breakers engine, I believe you were aware of one? Hope you can help.
Thanks
Matt
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Land Rover Freelander Head Gasket Failure
7 June 2005, 6:34 PM
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lewis
Joined 1 Jun 2005
16 posts
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message for Matt, I only know it was a breakers in Chelmsford I do not know the name. Good luck Karen.
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Land Rover Freelander Head Gasket Failure
7 June 2005, 8:49 PM
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Lee
Joined 3 Jun 2005
3 posts
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There is hope especially if your dealer supports you. I 've just found out that Landrover are to pay 100% parts & labour, which seeing as the engine is blown comes to approx £4,000. It seems I am one of the fortunate ones and as i say was fully supported by my dealer.
Unfortunately, Landrover are not willing to pay my costs on the rental car, which I've now had for over 4 weeks and still rising. I'm currently waiting on when the engine will be delivered to my dealer to fit, but Landrover cannot provide a date as the engine is undergoing inspections and they can't provide a timeframe. It's a catch 22 situation.. i 've got Landrover to pay for the engine and labour but am now dependent on them getting their act together on delivery!
I'm not going to rock the boat too much at the moment as i just want the car fixed so that I can get rid of it after. I intend to use the rental costs and and loss of value (i.e sell on), due to the well documented flaw with the Freelander engine in my negoiations with Landrover to part exchange the Freedlander for a disco. If they don't come up with a suitable deal they can kiss my business goodbye for good.
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Land Rover Freelander Head Gasket Failure
8 June 2005, 9:40 AM
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Matt
Joined 17 May 2005
13 posts
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Message for Lee, did you own your car while it was still covered under warranty? and was it a LR service history?
Thanks
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Land Rover Freelander Head Gasket Failure
8 June 2005, 9:15 PM
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Lee
Joined 3 Jun 2005
3 posts
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Hi Matt,
The car was purchased new in JUl 01 and has been out of warranty for 1 year.
Cheers
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Land Rover Freelander Head Gasket Failure
9 June 2005, 8:45 AM
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duncanfitz
Joined 16 May 2005
9 posts
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Hi
Being out of warranty should make no difference at all.
Mr car was out of Warranty and they replaced the engine at my local dealer. LR paid 100% parts and labour.
I didn't even speak to LR my local dealer did it all by email with LR.
Don't pay, make them!!
Duncan
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Land Rover Freelander Head Gasket Failure
9 June 2005, 9:36 AM
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Matt
Joined 17 May 2005
13 posts
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You're absolutely right, but LR are saying that because I have never owned the vehicle at any point while still covered under their warranty I do not have any rights to claim for a replacement engine! But I can't see what difference this make to a common and known fault!
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