Sorry, another car post but I am flipin annoyed!

[StephenSails]

Slightly off topic but I need to vent my annoyance. I bought a second hand land rover discovery 6 months ago from a well known dealer in West Sussex, he told me it came with a 6 month parts and labour warranty. When I bought it he said he would send the warranty policy and it never arrived despite a few reminders by phone, almost as soon as I took delivery of the disco I found that the gearbox had a problem with establishing second gear so I took it back to him for repair, he took it and said he fixed and then about twenty miles down the road the problem reoccurred so I took it back to him and he said he would have another look. I spoke to him last week and he said they where having to strip a part down and get a few spares and it would not be ready till today. So I called this morning and to my despair he tells me that he did not submit a warranty application and that I was not covered, despite the fact he admitted this, he has continued to request that I make a payment of £375 towards the work carried out and as soon as I protest he say that he is legally entitled to hold on to the car until I pay, secondly he has made threats to keep me a bay that he would be within his rights to hold the car unless I pay the full repair bill of £1500!! I am faced with £375 which I will pay as I need the car otherwise I cannot work and I pretty broke as it is but it seems like blackmail to me. Does anyone have any thoughts or suggestions? Trading Standards have not really helped by saying it is his word against mine despite the fact he admits responsibility for not submitting the warranty.

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[Shakey]

As this isn't a criminal case I think you can name the well known car dealer in Sussex.

You'd have difficulty demonstrating there was a verbal contract so give 'em as much bad publicity as possible I say.

<hr width=100% size=1>It could have been worse - it could have been me.

 

[Keith]

Post it on landrovernet.com in the forums section, go for the throat!!!!.......keith

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[Joe_Cole]

I don't know if it will help but it may be worth paying by Credit Card. There may be some comeback through the Credit card company. I stress "MAY", but it won't do any harm to try.

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[Colin_S]

Have a look here for some tips <A target="_blank" HREF=http://www.dti.gov.uk/ccp/topics1/facts/cars.htm>http://www.dti.gov.uk/ccp/topics1/facts/cars.htm</A>

I'm pretty sure you are legaly entitled to some kind of warranty period on a used car but not what that period is.

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[StephenSails]

He said he will only take cash, I wish I could afford it, ho hum.

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[StephenSails]

He still has my car so I wont mouth off here, plus I think Kim will pull the thread if there is a chance it heads for slander etc

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[StephenSails]

This will be used after I get the car back in to my custody, many thanks for the tip.

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[StephenSails]

Colin,
Thanks fo this, looking at the page with bleary eyes it would seem that he is breaking/flouting many of the guidelines/laws so perhaps there is a way forward, can anyone recomend a cheap soliciter?

Cheers Colin.

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[BrendanS]

Re: Sorry, another car post but I am flipin annoye

Probably worth getting some peeps here with legal knowledge to take a quick look first and give you an opinion. Start a new thread with legal help required as a heading and wait for a day or two to give them a chance to see it.

<hr width=100% size=1>Me transmitte sursum, caledoni

 

[plombier]

One asks why he will only take cash - I smell a rodent in the offing.

As they are a main dealer suggest you try and talk to the MD and ask to politely discuss the Sale of Goods (Amended) Act.

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[Colin_S]

Have you checked the original order form for any warranty details?
What about ads in paper and on forecourt? Do they openly offer warranty on used cars. If they do then, unless your order form / invoice specifically states warranty is excluded then you should have a very strong case.

One thing that confuses me is the timeframe in your original post. I read it as you took car back almost immediately and again after another 20 miles but we're now 6 months down the road. Can you clarify?

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[StephenSails]

He is not a main Land Rover dealer which is hardly surprising but he has been or his family have been doing it for years.

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[Its_Only_Money]

Re: Sorry, another car post but I am flipin annoye

Assuming your sales invoice doesn't mention the warranty, and as all your follow-up chasing about the warranty was verbal over the phone (hence no record of the fact that a warranty was included in the sale), then I'd be inclined to pay the £375 and vow never to pay for unreceipted goods again (ie the warranty).

If you really want the aggravation or are desperate for the £375 then I'd suggest a letter accompanies the cash to the effect that you are paying the £375 without predjudice, under duress and solely for the purpose of regaining access to the vehicle. The trick will be giving him the cash and letter, and receiving the keys and vehicle in such a sequence that you actually do leave his premises with the vehicle.

Once you have posessionI'd suggest you fit the car with a new, physical security device of some sort to prevent him retaking posession of the car. Once you have done this you can persue him through the small claims court for the £375. If you go this route it would be worth getting the repair checked if possible (you don't really think he'll have done a top-notch job under cost pressure do you????), but you may see this just adding to the risk you take with legal action.

<hr width=100% size=1>Rgds

Simon
Its Only Money
Fairline Sprint
Solent-based

 

[TheBoatman]

Try CAB and see if they can help. Any info they give you put in writting send it to him recorded delivery and on the bottom of the letter write COPY TO: BBC Watchdog.
See what happens!

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[jimi]

First mistake was to buy a disco, I had one and flogged it when the gearbox started to creak .. its a known weakness. Would'nt touch one with a bargepole .. electrics can also be suspect as can power steering seals.

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[paulrossall]

To be turned over like this is very annoying but I would pay the money and write it off to experience. You can waste days of your life dealing with a problem like this and give yourself a heart attack in the process. I would then get shut of the Discovery ASAP and buy a Nissan, Mitsubishi or Toyota or similar if you really do need a 4 wheel drive vehicle. Unfortunately you did make a mistake not getting the warranty in writing, bet you will not do that again.Paul

<hr width=100% size=1>" there is nothing-absolutely nothing-half so much worth doing as simply messing about in boats".

 

[A_7]

It is well known how unreliable Discoverys are. I was even told this by the dealer!

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[AlexL]

wether or not you have a paper document with a warranty all used cars sold by dealers have a de facto 3 month waranty. The local trading standards people should be quite helpful in dealing with this.

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[Evadne]

Re: Sorry, another car post but I am flipin annoye

I'm afraid I have to agree, sometimes you get stung and it is a matter of weighing up the cheapest way to a satisfactory solution. I got my motorbike back this autumn after the "dealer" vanished. His company went into liquidation and he kept moving, taking my bike with him. There were lots of stories about why and wherefore but the bottom line was that when I finally tracked him down he wanted just under 300 quid cash for a job that should have cost 75, so I paid and got the bike back. No receipt, no warranty, no change. Legal expenses tend to come at that sort of cost per hour, so it was that or walk away.
Yours sounds worse, you will probably pay £375 and it won't be fixed, but if the vehicle is worth more than that, and you have the cash, it may be the best way to get it fixed by someone more reputable.
Good luck.

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