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Chris B



Member Since: 23 Jul 2008
Location: North Yorkshire
Posts: 440

United Kingdom 

Oldgeezer - I agree with previous posts that this is a clear case for your to go back to the seller (or perhaps you could have gone sooner?). They have to be able to sort it or replace it.
I have just got to 60000 miles in my 08 XS and I've had the slipping clutch (DMF changed at the same time even though I had no issues with it) and, more recently, whining diff pinion (nose) bearing resulting in changed diff. All fixed under warranty.
Other than that, 3 new tyres to go with the unused spare to give new rubber allround, replaced rear wiper blade, routine dealer servicing, first MOT, lots of wax! Average over lifetime is 38.6 MPG (fill to fill; trip computer is optimistic by about 1 - 1.5 MPG). It's got enough oomph to be fun to drive, I've never missed an hour of work over the bad winters, regularly driven offroad for orienteering and mountain biking - FL2 is a good car, you have just got a bad one.
Even 6 Sigma quality that we all strive for in the auto industry is 3.4 failures per million so with production of FL2 reaching 250,000 by March 2011 - I think you got the 1 that is predictable! Gone... 2013 XS TD4 Manual Firenze Red
Gone... 2008 (09MY) XS Td4 Manual Stornaway Grey
Prior... 2003 G4 Discovery 2, 1998 Disco 1 and 1997 Disco 1 Company car before that
Also gone in Nov'13, after 7.5 yrs, to new owners with time for more TLC - 1980 Series III 88
Current 2015 Discovery Sport HSE 2.0

Post #108270 21st Jul 2011 9:20 am
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iain cooper



Member Since: 27 Aug 2007
Location: north of Glasgow
Posts: 1989

Scotland 2009 Freelander 2 TD4_e HSE Manual Lago Grey

if you've had it for three years from new and it still has problems, it is a lemon and it will never be sorted.

lucky you have warranty, as without it you would be broke !!

personally I would not have the patience or the time to put up with this nonsense and would have got rid before now.

Iain

Post #108274 21st Jul 2011 9:31 am
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Ghyllie



Member Since: 19 Jul 2011
Location: Over looking Loch Ness with Nessie by my side
Posts: 159

Scotland 2008 Freelander 2 TD4 XS Auto Santorini Black

alex_pescaru wrote:
simont wrote:
What do you mean, Alex?

You know that he already installed an additional earth strap to his car and mentioned this a couple of times on various threads/posts.
But I apologize if my remark seemed out of line... Sorry. Embarassed

No apology needed, didn't know earth strap had been fitted but i assume that it was an engine earth strap? as the problems oldgeezer listed at the start are more to do with the information centre i would be looking there or rather his dealer should be looking there! but they will only replace what the computer says is at fault but thier computer is getting its info from the on board computer which is also sending info to the information centre (drivers visual) so if it is not operating properly you have a vicious circle! I dont know if its possible with the FL2 but if the garage replaces your management unit for a one that is known to work it could help. just a thought.

Post #108276 21st Jul 2011 12:19 pm
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freedieselauto



Member Since: 24 Feb 2011
Location: West Sussex
Posts: 284

United Kingdom 2007 Freelander 2 TD4 XS Auto Rimini Red

Oldgeezer,

Sorry to hear of your continuing troubles. Are you still getting 42mpg as you did on the trip to Sussex when you kindly stopped off with your surplus tow electrics? By the way, the electrics work perfectly having been enabled by LR for free when in for auto recall. - 2007(57) XS Auto, Rimini Red, Alpaca Leather.
- GCS Hawke - Sports, BRG, Vulcan 2.1 inj'. My toy - built it myself in 2001.

Post #108278 21st Jul 2011 12:40 pm
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Mav71



Member Since: 15 Nov 2008
Location: Leicester
Posts: 2575

United Kingdom 2007 Freelander 2 TD4 HSE Manual Stornoway Grey

It is incredible that you have had such problems. I know when we discussed this in Cirencester I couldnt beleive the issues you have been having, expecially in contrast to mine which has been pretty much faultless.

But stick with it, i am sure it will be sorted. Or see if it can be rejected. Freelander 2 HSE Lux 2013MY - Barolo Black with Ivory Leather. Alpine DVD - Privacy -Evoque 20" Dynamic Wheels and more to come.........

Post #108303 21st Jul 2011 6:49 pm
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oldgeezer



Member Since: 09 Apr 2011
Location: Wiltshire
Posts: 1302

United Kingdom 2013 Freelander 2 TD4 GS Manual Baltic Blue

Yeah i should of rejected the dam thing when new If i had known how it would turn out !
The latest 3 problems are new and not experinced before ! ( which makes a change ) but just goes to show it just will not manage a good run without something going wrong !
Fuel consumption when solo in France was returning 39 ish which for an auto was brill. 23-24 towing.
The faults that have occured are new and recorded in the ECU as well. It was getting very jerky on light throttle in towns and power was varied and smoky and that relates to the EGR fault thats recorded !
I checked every module for faults before i left and there were none in any modules after the dealer spent 3 days putting everything right ! even including crash sensors that had never been configured which would explain the air bag light that was never fixed from new iether !
The car failed to start and wouldnt turn over and the faults recored as signal from colomb missing and at one stage the display said the steering colomb was locked whilst driving on the autoroute which caused a panic but that is also recorded as a fault and i belive has been common !
If I ever bought another one and thats a big IF ! should it start to play up i wouldnt hesitate to reject it !
At least the new tow bar no longer knocks and bangs away ! so i suppose thats the best bit on the car now ! Rolling Eyes

Post #108340 22nd Jul 2011 12:46 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

Even though you have had it for a while oldgeezer, it doesn't mean you can't reject the car. Of course the dealership will say no and taking them on is pointless because they are big and powerful and you are a weak customer etc etc. The case I cited earlier proves that the big companies don't always win. I have emailed my law lecturer for his opinion too. In the meantime contact a solicitor who specialises in consumer law. You can usually get 15mins free advice so go for it and mention that case I posted about. If he or she advised that you had a strong case its worth remembering that if you win in court, they pay all the costs. Definitely worth advice at the very least, you have nothing to lose. Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #108376 22nd Jul 2011 9:42 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

I should add that further research seems to reveal that 6 months is the limit for rejection for a full refund but part refunds taking into account mileage covered etc can be claimed outside that period. The dealer also has to be given 3 chances to fix the problem. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #108378 22nd Jul 2011 9:50 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 
The Case Law

Copied this from an email from my law lecturer. Hope it helps.


SoGA Sec14(2) implies a condition that where goods are sold in the course of a business, the goods supplied will be of satisfactory quality.
  
SoGA Sec. 14(2A) creates an objective standard of satisfactory quality taking into account the description of the goods, the price and any other relevant factors.
Bartlett v Sidney Marcus Ltd (1965) 2 All ER 753
 
SoGA Sec. 14 2(B) creates a checklist relevant to the quality of the goods:
Fitness for all purposes for which the goods are commonly supplied.
 
Minor defects:
 
For you friend:
Rogers v Parish Ltd (1987) 2 All ER 232
Held, that where goods as delivered are defective, they are not of merchantable quality and do not become so simply because they are capable of being used in some way. So they can be rejected.
 
Against your friend rejecting but suppports compensation claim:
Bernstein v Pamson Motors (1987) 2 All ER 220
Held, that B was not entitled to rescind, but could claim damages limited to his cost in getting home after the breakdown, the loss of a full tank of petrol, compensation for his ruined day out, and for his loss of use while the car was being repaired (five days).  
 
You could also argue in along the lines of durability and safety:
Durability requires that at the time risk is transferred the goods should not deteriorate more rapidly than can reasonably be expected. Safety requires goods of satisfactory quality to be safe for use.
 
Thain v Anniesland Trade Centre (1997) SLT 102
Held, refusing the appeal, that the failure which overtook the car could have occurred at any time in such a vehicle, and T had accepted the risks associated with a car of that age and mileage when she purchased it. So this person lost because it was a second-hand car; your friend purchased new so the reverse should apply.
 
Of course these are just academic cases which I use and you might be able to find more up to date cases - use westlaw with these and it might update you with overules. That said, the principles remain basically the same.
 
But it worries me he has had 20k out of it; so long as he brought the faults to the attention of the seller right from the beginning and they have tried to repair but to no avail, rejection might work. If it is littered with different faults then it also looks favourable because it would suggest it is a bad one all around.
 
Of course, Im not offering professional advice to be relied on by your friend in court. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #108397 23rd Jul 2011 12:41 pm
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oldgeezer



Member Since: 09 Apr 2011
Location: Wiltshire
Posts: 1302

United Kingdom 2013 Freelander 2 TD4 GS Manual Baltic Blue

Thank you Doctor for all your input !
" But it worries me he has had 20k out of it; so long as he brought the faults to the attention of the seller right from the beginning and they have tried to repair but to no avail, rejection might work. If it is littered with different faults then it also looks favourable because it would suggest it is a bad one all around. "

Fortunatley I did report many faults from the start, and it has been in many times for repair ! icluding another dealer as well.

I must admit I'm really fed up with it now as I had expected after the earth strap I fitted in january actually overcame many many issues, and finally the dealer made great efforts to put the outstanding issues right a week before I went on holiday so was looking forward to being able to use it for the first time in 3 years all fully working ! but obviously thats not the case with more issues arising !
I have read the extended warranty and no mention of cover for ither the EGR valve or steering colomb assembley but as its only 3 weeks out of a 3 year warranty I will talk to my dealer on Monday.
I will take your advice and now take some legal advice as this is untolerable and I should of rejected from the start !
Once again many thanks for your help.
I have written a history of faults and visits and it takes up 2 full pages of A4 !

Post #108398 23rd Jul 2011 12:55 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

No problem oldgeezer. It will be worth doing some digging first to make sure the solicitor you speak to specialises in consumer law. Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #108406 23rd Jul 2011 2:47 pm
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Wintermute



Member Since: 30 Dec 2009
Location: Izmir
Posts: 225

Turkey 2011 Freelander 2 TD4 XS Auto Stornoway Grey

Oldgeezer

I sent you a pm about the subject. 2010 Freelander 2 Select TD4 auto....gone
2011 Freelander 2 TD4 auto ...current

Post #108419 23rd Jul 2011 9:27 pm
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oldgeezer



Member Since: 09 Apr 2011
Location: Wiltshire
Posts: 1302

United Kingdom 2013 Freelander 2 TD4 GS Manual Baltic Blue

infact it turns out with the current problems its a full 4 A4 pages ! makes horrendous reading. You couldnt write a book that bad without the imagination running away !
I have made contact today and forwarded the history for someone to consider as to what steps to take next ! under rejection.
Why me, i cannot belive it. Pampered from new and i even took it out to run it in for 1000 miles over 4 nights driving carefully and all mixed motorway and country routes to give it the best possible chance ! and all for nought !
One of my family who was a fleet manager warned me never buy a Landrover and oh boy were they right. Wouldnt of been so bad if the dealer had been attentive from the start but when you have to fight and argue with a dealership and landrover customer services it leaves a real bitter taste !
I'm waiting now to find out if i have to pay for the EGR valve and coumn fault as they are not listed in the extended warranty ! aahhhhhh and its now 4 weeks out of warranty

Post #108512 25th Jul 2011 5:14 pm
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druand



Member Since: 07 Sep 2009
Location: south ayrshire
Posts: 825

Scotland 2013 Freelander 2 SD4 GS Auto Fuji White

oldgeezer,
Have you tried customer services?
I kept calling them after every unsucessfull repair attempt with vibration problem on 2010 MY and at the end of day they made a large contribution towards new 2011 SD. I had covered 12k miles.
Attitude changed immediately I offered a contribution towards new vehicle due to time and mileage. All FL2's (3) Gone
2011 Mercedes C180 CGI Gone
FL2 GS Auto SD with heated leather, factory tints, alloy spare and a few other bits.

Post #108532 25th Jul 2011 11:36 pm
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The Valeter



Member Since: 08 Jan 2010
Location: Medway Towns, Kent.
Posts: 1530

United Kingdom 2015 Freelander 2 SD4 Metropolis LE Auto Santorini Black

Mine sometimes says Steering Column Locked when I am driving!! Shocked No idea why.... (Past) Freelander 2 HSE 2010 MY In Rimini Red.
(Past) RR Evoque Dynamic Lux Si4 In Firenze Red.
(Past) RR Evouque Pure Tech in Barollo Black with bespoke Firenze Red colour coding.
(Present) Freelander Metropolis 2015 MY In Santorini Black with Ivory Premium Leather.

Post #108594 26th Jul 2011 10:21 pm
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