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+--- Thread: legally speaking, where do I stand? (/Thread-legally-speaking-where-do-I-stand)
RE: legally speaking, where do I stand? - Donny Dog - 15-04-2012 05:27pm
(15-04-2012 04:24pm)dandavis1 Wrote: When purchasing goods, if they are defective you have the right to return them for a refund - does this also apply to cars?
The Sale of Goods Act applies, and the goods have to be of 'merchantable quality' and 'fit for purpose'. If you are talking about rattles, the argument would turn on whether that impaired their fitness for purpose. It would also depend on when the problems arose, and when you raised the it with the dealer, as the matter my fall under warranty terms after you have accepted the goods and had them for a reasonable period.
RE: legally speaking, where do I stand? - XFullFatTim - 15-04-2012 05:31pm
IIRC you also have to give the dealer a "reasonable" number of attempts to fix each defect, I'm not sure but it could be 3 attempts for each item. Maybe What Car? can help?
RE: legally speaking, where do I stand? - xxxx5 - 15-04-2012 06:10pm
(15-04-2012 05:25pm)dandavis1 Wrote: How long have you had your car?
I forgot to mention, mine is an Si4 dynamic coupe
picked it up 20th Jan. Mine is a 5dr Pure.
RE: legally speaking, where do I stand? - mark_n - 15-04-2012 08:24pm
It's unfortunate for DD1 that his car is causing so many problems because mine, same configuration, is completely rattle free. None.
Your contract is with the dealer and the first thing to do is to escalate within the dealership to the Dealer Principal. Put together a detailed record of their attempts to resolve your issues and a list of current issues, including any new faults introduced. Tell them/him that you are now minded to reject the car as not being of merchandable quality and require a replacement. Tell him he has (say) 14 days to respond to your grievance after which the matter will be put in the hands of your solicitor... and so on.
I'm not sure whether being in Scotland if, at least until the supposedly hoped for independence, you have the same rights as an English consumer. Either way, you've given them the chance to fix it, they have not so far succeeded and you need to move on from the Service Manager Flunky who knows little and, in spite of his job security depending on there being Happy Customers, cares less.
RE: legally speaking, where do I stand? - tetstb - 15-04-2012 09:38pm
Mine is an SD4 Dynamic and the rattles are mostly from the rear and it all started off 2 days after I collected it and has been going on ever since. Their last attempt to fix it has now caused issues with my rear drivers door which has a rattle something like the glass rattling inside the door frame.
I don't care if they say its not a huge issue, it is to me having spend £40K+ and expected a premium car, its obvious that they have had to make economies to produce the new car but quality should be a given.
RE: legally speaking, where do I stand? - mark_n - 15-04-2012 09:58pm
I certainly agree with you. LR need to have the car back to see where their much trumpeted QA system has gone wrong.
RE: legally speaking, where do I stand? - dandavis1 - 15-04-2012 10:11pm
(15-04-2012 09:38pm)tetstb Wrote: Mine is an SD4 Dynamic and the rattles are mostly from the rear and it all started off 2 days after I collected it and has been going on ever since. Their last attempt to fix it has now caused issues with my rear drivers door which has a rattle something like the glass rattling inside the door frame.
I don't care if they say its not a huge issue, it is to me having spend £40K+ and expected a premium car, its obvious that they have had to make economies to produce the new car but quality should be a given.
So what is your plan? At what point will enough be enough?
RE: legally speaking, where do I stand? - benzina - 16-04-2012 02:35am
(15-04-2012 11:19am)dandavis1 Wrote: To cut a long story short, I collected my evoque in September and it has had rattles even since. It's been back to the dealers 3 times and needs to go in again (more rattles and a previous repair means the drivers window gets smeared in grease every time its wound down.
I've given them plenty of occasions and about 6 months to rectify the rattles but they aren't managing to do so. The car is miserable to drive. What are my options? Should I insist LR HQ look at the car? Somehow 'reject' the car?
Any advice appreciated.
dandavis1....just for some clarification, are the said rattles, actually rattles, or are they friction like sounds?
Eg - Friction like sounds that are from interior trim panels rubbing at the joins, or seals in the doors etc.
RE: legally speaking, where do I stand? - dandavis1 - 16-04-2012 08:08am
(16-04-2012 02:35am)benzina Wrote: dandavis1....just for some clarification, are the said rattles, actually rattles, or are they friction like sounds?
Eg - Friction like sounds that are from interior trim panels rubbing at the joins, or seals in the doors etc.
I had one friction noise (the creak I mentioned) but the rest are rattles that resonate with the engine/stereo or rattle with each tiny bump.
RE: legally speaking, where do I stand? - tetstb - 16-04-2012 09:56am
I think after 5 attempts they have had their last go. They asked for the car back this time because they said they were going to have a LR technician
look at the car, all of which was crap of course.