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RealBeale



Member Since: 13 Jun 2016
Location: Birmingham Great Barr
Posts: 881

United Kingdom 2007 Freelander 2 i6 HSE Auto Sumatra Black
Sister's Evoque and Land Rover

My sister has had her Evoque for around 12 months now. However, it's spent most of that time with Land Rover for numerous problems.
My sister is a nurse and needs the car to be reliable - so far it's been anything but.
She has had LR Assist out several times for a sensor. They clear the fault, only for it to return within minutes of their departure.
It's been in and had the sensor replaced - again for the fault to re-occur. LR told her to keep on driving it even though the engine management light was on. It's been in and out over this sensor several times.
There was a problem with the phone system cutting out and wiping contacts, that's not been solved.
However the vehicle went in to have something else sorted. Sister was given a courtesy Evoque. She kept calling to find out what the situation was only to be told someone would get back to her. After 8 weeks of fobbing off, the manager at the garage finally admitted that he didn't even know they had her car. It was in the corner of the yard and was dirty. Manager said they'd get right on to it.
Sister said enough was enough and wanted a new car. LR state she would have to pay extra towards this due to the "wear and tear" she put on her car !!
They've had it 3 months now in total since it last went in. They've called my sister demanding her to drop off the courtesy car as they say they have sold it. When she stated she had no way of getting home, and LR should come and pick it up, LR responded by telling her that her car was now miraculously ready.
Sister understandably is at her wits end and wants to reject the car that has in total spent more time with LR than she's used it, or has been on her drive having mysterious faults "cleared".
LR tell her she cannot reject the car.
It'll be interesting to see what happens when it returns later today.

Post #329349 17th Aug 2017 12:08 pm
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RogB



Member Since: 16 Dec 2014
Location: Mansfield
Posts: 3867

England 2013 Freelander 2 SD4 HSE Lux Auto Santorini Black

have she/you been in contact with LR Customer Svcs via this forum, I found them to be very helpful in putting pressure on the dealer.

Sounds like a disgraceful nightmare, but unfortunately as I found out, you can only come to a deal to replace it with the supplying dealer/franchise chain, as they are effectively a separate company to LR or any other dealer.

Post #329350 17th Aug 2017 12:15 pm
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Yorky Bob



Member Since: 28 Apr 2015
Location: Yorkshire
Posts: 4561

United Kingdom 2013 Freelander 2 TD4 GS Manual Firenze Red

Find the Honest john (HJ) website and fully read the consumer section and how to reject your car, I would further suggest the above is sent direct to HJ by email.

If you fail to fine him via his web pages and the net I do have it as we have corresponded several times ) but will only PM it. FL2 MY10 TD4 GS traded in at 2 years
FL2 MY13 TD4 GS Current

Post #329358 17th Aug 2017 1:40 pm
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dennij



Member Since: 17 Oct 2016
Location: Up North
Posts: 261

United Kingdom 2007 Freelander 2 TD4 HSE Auto Zermatt Silver

Not sure if this will help but this is part of the consumer rights act regarding new cars

The right to a repair or replacement: if you find a problem after the first 30 days are up and within the first six months, the retailer is given one chance to take remedial action – either by repairing it or replacing the car; they get to choose which, though, and most will opt for the cheaper option of repair.

If a repair would take an unreasonably long time or cause significant inconvenience, you’re within your rights to ask for a replacement car. Note ‘unreasonably’ and ‘significant’ are subjective terms, and your definition may not match the dealer’s.

Do make sure you’re 100% happy with any remedial work before you sign anything, as it’s hard to reject a car once you’ve officially accepted a repair. If the repair is unsuccessful, it’s up to you if you want to reject the car, demand a replacement or give the dealer a second chance at fixing it.

Once you’ve had the car for six months, the onus falls on you to prove any fault was there from the date of purchase. While the Consumer Rights Act offers less protection after six months, your new car will still be protected by its manufacturer guarantee

Post #329359 17th Aug 2017 2:07 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

I'll pop back later with my full opinion but I am curious where dennij lifted that information from as it's not directly from the Act. I just disagree with the final paragraph because the protection is the same it's just that the burden of proof shifts.

Clearly the older goods get, the lesser the expectation of quality but the paragraph makes out like its oh well, best turn to your warranty Rolling Eyes rant over Laughing LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #329372 17th Aug 2017 7:28 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

Ok, the biggest stumbling block of all is the value if trying to reject. It'll be more than £10k which exceeds the small claims court and therefore leaves you open to costs and fees if you lose. Dealers know this and of course they have shed loads of cash behind them so point and laugh at anyone who tries to take them on outside of the small claims court arena.

The right to rejection and a full refund for breaching the implied terms of quality etc is 30 days from purchase so LR are at face value correct to say that she cannot reject the car. The 30 day clock does stop running however, should the consumer request or agree to repairs or replacement.

The waiting period—

(a) begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b) ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

Even with a grand total of time taken on repairs carried out on this Evoque and associated waiting time, it isn't likely to bring it within 30 days from purchase if you follow me.

There is light at the end of the tunnel though...

S.24 Right to price reduction or final right to reject

The right to a price reduction is the right—

(a) to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b) to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a) after one repair or one replacement, the goods do not conform to the contract;

(b) because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

AHA!! Laughing (c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).


Here it is in simple terms: http://www.legislation.gov.uk/ukpga/2015/1.../3/1/3/4/6 LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #329376 17th Aug 2017 8:26 pm
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j77



Member Since: 26 Nov 2008
Location: Fife
Posts: 2909

Scotland 

3 months is 2 months longer than I would've gave it. 21MY Defender 90 S 3.0 D200

Post #329378 17th Aug 2017 8:53 pm
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RealBeale



Member Since: 13 Jun 2016
Location: Birmingham Great Barr
Posts: 881

United Kingdom 2007 Freelander 2 i6 HSE Auto Sumatra Black

Cheers Doc. I'll pass this information on to my sister.

Post #329382 17th Aug 2017 10:36 pm
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Lightwater



Member Since: 21 Aug 2014
Location: Sydney Northern Beaches
Posts: 4704

Ukraine 2013 Freelander 2 2.0T SE Auto Fuji White

She must have been unlucky. My Sister's Evoque is 5 years old & has been her most reliable car. I hope she can get it sorted out. Procrastination, mankind's greatest labour saving device!

Acoustic insulation ARB TPMS 3xARB air compressors After cooler Air tank On-board OCD pressure air/water cleaning Additional 50L fuel Carpet in doors ABE 2x1kg Waeco 28L modified fridge Battery 4x26ah Solar 120w Victron MPPT 100/20 DC-DC 18amps 175amp jumper plug Awning 6x255/60R18

Post #329386 18th Aug 2017 3:31 am
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dennij



Member Since: 17 Oct 2016
Location: Up North
Posts: 261

United Kingdom 2007 Freelander 2 TD4 HSE Auto Zermatt Silver

Hi Doctor,

Information came from the carbuyer website regarding the act and new cars, it was always only meant as a guide and not a definitive answer.

RealBeale : The Doctor is the one I would take most notice on where the consumer law is concerned there are lots of variants of it out there so I would stick with the advise that he gives. I hope your sister can get this sorted soon.

Post #329398 18th Aug 2017 6:42 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

No problem, it wasn't a reflection on your input at all and any pointers are valid, I just wondered what the source was out of curiosity.

Cheers Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #329415 18th Aug 2017 9:46 am
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RealBeale



Member Since: 13 Jun 2016
Location: Birmingham Great Barr
Posts: 881

United Kingdom 2007 Freelander 2 i6 HSE Auto Sumatra Black

Well Doc, thanks again.
Sister has reported that the dealer has asked her to come in to discuss exactly what she wants to do next on the strength of the above. We'll see.
Sister says she is happy they are finally giving her the opportunity to find a resolution.

Post #329515 19th Aug 2017 10:41 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4612

United Kingdom 

No problem Thumbs Up Hope she gets a good outcome LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #329532 19th Aug 2017 2:44 pm
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