Landrover clutch....help

[rebel11]

Well Done Trev:-)

 

Update. Heard from dealer today, he asked us to take LR to him and he will do repair, even offered a courtesy car while its being done......Result.

[heliosuk]

Just goes to show that by taking the softly, softly approach as opposed to steaming in with SOGA gets just as good results without ruining relationships!

 

Let me know how you get on and if you or the dealer needs any technical help.

[heliosuk]

BTW, who marked it as resolved????????? Until the box is out, it's not known where the issue lies. Either way, it's down to the dealer but until it's out you don't know what they might find.

[sailor sam]

Obviously a dealer with a conscience... a very rare breed. Either that or he saw a potential claim against him. But what ever, a good result (so far anyway).

[trevor33]

Heres hoping that all goes well. Thanks all for your input. will let you know the outcome.

[trevor33]

Well........after many phone calls and texts my son has paid to replace the clutch himself at a cost of £850 (including DMF). Tried via the finance company but they took so long it was ridiculous. The dealer has denied liability and the warranty people do not want to know as it is not covered.

Hoping to get a statement from local LR dealer who checked clutch back in May and have print out of most texts sent to dealer. Will there be any point in taking dealer to court to to recover the costs?

Edited September 3, 2012 by trevor33
Title edit

[sailor sam]

So he had a change of mind after all. I would say that you still have a good case to get the repair cost recovered. Have you got all relevant paperwork and copies of any correspondence including emails?

[trevor33]

Been reading rebel11 post on the obligations of car dealers and it seems to me that the problem lies with the Finance Company to compensate for the repair (under soga) and NOT the dealer........is this correct.

[trevor33]

So he had a change of mind after all. I would say that you still have a good case to get the repair cost recovered. Have you got all relevant paperwork and copies of any correspondence including emails?

Thanks for reply. We have most copies of emails and texts. have a look at my other post about finance company, see what you think.

[sailor sam]

If it's an HP agreement then the finance co are jointly liable as it's their vehicle. I would send both simultaneously (indicating that you have written to both) a LBA (letter before action) enclosing a copy of the invoice for the repair.

[trevor33]

If it's an HP agreement then the finance co are jointly liable as it's their vehicle. I would send both simultaneously (indicating that you have written to both) a LBA (letter before action) enclosing a copy of the invoice for the repair.

Ok...if push comes to shove which do I take to court?

[sailor sam]

Ok...if push comes to shove which do I take to court?

 

Both, but lets see what response you get first.

[trevor33]

Thanks guys for the posts. This has been getting us down for some months now. Do you have a quick link to a LBA.

[sailor sam]

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

[trevor33]

LBA sent to both last week....now we wait and see.

[sailor sam]

Think that the admin should adjust the thread title accordingly.

[trevor33]

Think that the admin should adjust the thread title accordingly.

Yes.....not resolved as yet.....

Heard from finance co today...basically get lost.

They state that the dealer and a mechanic tested the car before delivery and found that there was no evidence whatsoever of a problem with the clutch and the problem must have developed after delivery. Given this evidence the company has no liability to this matter.

Hmmmm....what I thought.

[caro]

Thread title amended.

[trevor33]

Don't know where to go from here. It seems the finance company are digging their heels in and the dealer is adamant that there was nothing wrong at time of purchase. I know that a clutch is an unknown when it comes to liability.

The dealer has not yet responded to my LBA, does he have to?

[caro]

Did you give a time to respond in your LBA?

 

The dealer doesn't have to respond but if he doesn't then he should expect you to take the action you've referred to. You must be prepared to follow through with this or it will have been a waste of time sending it.

[trevor33]

Did you give a time to respond in your LBA?

 

The dealer doesn't have to respond but if he doesn't then he should expect you to take the action you've referred to. You must be prepared to follow through with this or it will have been a waste of time sending it.

I gave them 30 days to respond. I know this is a rather long time but I need to recover from the stress.

If the car is on HP, can I still take action against the dealer. Surely the car now belongs to the HP company.

[dw190]

I gave them 30 days to respond. I know this is a rather long time but I need to recover from the stress.

If the car is on HP, can I still take action against the dealer. Surely the car now belongs to the HP company.

 

The Finance Co. are Jointly liable with the Dealer. Any action should be taken against both.

 

 

75 Liability of creditor for breaches by supplier.

 

 

 

(1)If the debtor under a debtor-creditor-supplier agreement falling within

section 12(b) or © has, in relation to a transaction financed by the

agreement, any claim against the supplier in respect of a misrepresentation or

breach of contract, he shall have a like claim against the creditor, who, with

the supplier, shall accordingly be jointly and severally liable to the

debtor.

[trevor33]

Thanks for the reply dw. Is the quote from SOGA? Do I take action against both so that they pay half each?

[dw190]

Thanks for the reply dw. Is the quote from SOGA? Do I take action against both so that they pay half each?

 

The quote is from the Consumer Credit Act 1974.

 

You take action against both. It matters not who pays.