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One Year Old Car Not Reliable - Contract Hire

Shrubbery
Shrubbery Posts: 9 Forumite
edited 5 March 2016 at 3:09PM in Motoring
Hi

I am one year into a 5 year contract hire deal for a Land Rover Defender. Since taking delivery last March, the car has been in the dealers for repairs for a grand total of roughly three month. Most of the work has been standard faults that developed in due course. In September 2015 the car stopped altogether and had to be recovered to the dealer, whereupon it was discover that the whole fuel system had been contaminated with God knows what. It was a pretty horrific scene. That ended up in a £12,000 engine replacement job which was thankfully covered by my insurance.

Since then the car has developed even more problems including replacement turbo, oil leaks, etc etc. and was returned three time last week alone for work to be done. The service history is now about eight pages long.

I rely heavily on having a fully operational vehicle for my daily job and cannot afford to spend all this time running back and forward to Land Rover for what seems like it will be an ongoing situation. I have already spoken to the sales team to see if they can suggest how I can get out of this contract and into a more reliable vehicle. They aren't hopeful. With it being contract hire, there is currently a bill for £8,000 plus VAT to terminate the contract now.

My question is - do I have any form of comeback, given the long list of faults and repairs that have occurred within one year from the commencement of the contract, that will enable me to hand back the car without penalty?

Thank you in advance.
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Comments

  • neilmcl
    neilmcl Posts: 19,460
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    Speak to the lease company.
  • AdrianC
    AdrianC Posts: 42,189
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    Forumite
    Fuel system contamination? The most likely cause is petrol. And the most likely cause of that is user error.
  • Shrubbery
    Shrubbery Posts: 9 Forumite
    Hi Adrian

    It wasn't user error. It was contaminated diesel. It's been tested and we know pretty much what it consisted of. Best guess is that someone was filling their supply tanks with hooky fuel. I have no idea where either. I travel all over the country and could have picked it up anywhere.

    Are you au fait with contract hire agreements though, as that is the subject of discussion here?

    Thanks
  • AdrianC
    AdrianC Posts: 42,189
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    Shrubbery wrote: »
    It wasn't user error.
    Best guess is that someone was filling their supply tanks with hooky fuel. I have no idea where either.

    I think you're missing my point.

    It's quite simply not grounds for rejection, because it's not the fault of the car or the car manufacturer. Whether it's a problem at a filling station or user error doesn't really make much difference here - unless you could prove which filling station caused it, you have no comeback against anybody, and certainly not the manufacturer.

    Problems arising AFTER that work, and related to that work, may be down to shoddy workmanship at the dealer who did the work - but, again, they're not grounds for rejection of the vehicle, because they're not inherent problems with the vehicle - they're problems arising after work that you've had done on your tab.

    If that dealer was the supplier of the vehicle to you, and the finance was arranged through them, then you may be able to leverage that as part of your negotiations. Otherwise? Very unlikely.

    If it were me, I'd be starting by finding somebody competent to sort the problems...
  • Perhaps I did Adrian. However short replies always tend to leave a bit of room for interpretation :)

    I agree and don't think rejection is the answer here. So far the only option open to me (and it is a very slim one) is that the dealer MAY take the car as they are desperate for Defenders, given their current sales value. I am keen to stay in Land Rover although definitely not a Defender, so they should keep me as a customer.

    Despite that though, the ongoing repairs and faults make my car unusable as a daily mode of transport on which I rely. I need to be able to get out of this car. That's the problem that I'm trying to work out.
  • rs65
    rs65 Posts: 5,682
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    Shrubbery wrote: »
    I am one year into a 5 year contract hire deal for a Land Rover Defender


    ........


    within one year of purchase

    Is it hire or purchase?


    I am not au fait with contract hire but at the early stages of considering it for myself. What does your contract say? Presumably Landrover have an obligation to provide you with a functioning vehicle for 5 years?
  • AdrianC
    AdrianC Posts: 42,189
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    rs65 wrote: »
    Presumably Landrover have an obligation to provide you with a functioning vehicle for 5 years?
    No, they have an obligation to provide him with that vehicle for five years.

    There may be a provision in the paperwork to allow the vehicle to be changed and the finance transferred or restarted, rather than cancelling/closing it, but I can't read the OP's contract from here.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    There's a VERY old saying..........

    "Never drive a Land Rover Defender further than your willing to walk"

    I don't know if the totally new model has been released yet, but the original shape vehicle was really one for enthusiasts or those with at least some mechanical knowledge.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

    <><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/
  • neilmcl
    neilmcl Posts: 19,460
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    rs65 wrote: »
    Is it hire or purchase?


    I am not au fait with contract hire but at the early stages of considering it for myself. What does your contract say? Presumably Landrover have an obligation to provide you with a functioning vehicle for 5 years?
    As the name suggests Contract Hire = Hire/Lease
  • rs65
    rs65 Posts: 5,682
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    neilmcl wrote: »
    As the name suggests Contract Hire = Hire/Lease
    Hence my query as the OP also refers to purchase.
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