Warranty company not paying out for faulty car

MoMissouri

Hi everyone. I brought a Range Rover evoque from Jaguar Landrover 9 months ago. The manufacturing warranty has expired but I have an extended warranty. Roughly about 3 weeks into having the car various issues started to crop up. These were; the rubber around my windscreen had come loose and was flapping around (quite dangerous when driving at faster speeds on the motorway), the passenger airbag had become disabled, there were loads of scratches under each door handle which I didn't notice when i first took the car home, the gearbox kept switching from automatic to manual independently, the USB port wasn't working efficiently, the wing mirrors kept moving, The dashboard was saying saying I had low pressure in the two front tyres despite the tyres having the right amount of air in them. I registered all these complaints with dealership and they fixed all the faults. 

The car was driving ok for about 6 months and then all of a sudden I broke down on the way to work. The car was recovered to the dealership and then after an investigation they had determined that my gearbox had failed due to an oil leak. About a week prior to this the car had a service from the dealership and in this service they determined that there was an oil leak. As a result of this I booked the car in with a local mechanic to resolve this but due to them being busy i had to wait for a week for my appointment. It was during waiting time that the car broke down. The warranty company are now saying because I was told that I had an oil leak they arent responsible to pay for the damage. The dealership are quoting me £6500 to replace the gearbox. I was told by the citizens advice bureau that the finance company I used to buy the car would be responsible as they have potentially sold me car that had existing problems. I then went to the finance company and told them this. They came back to me and said because i reported the faults to the dealership and not the finance company they werent liable. I am now going through the process of complaining to the financial ombudsman.

Can anyone please offer some advice on my rights and what i should do as this all seems to be very unfair. ((

k3lvc

Immediate thought is why, if you'd bought from a JLR dealer, and therefore presumably had an extended warranty/breakdown cover from them, did you take it to an independent dealer for repair ?

AdrianC

You bought a car that was at least three years old nine months ago.
Some issues that arose in the first few weeks were fixed under warranty.

About seven months after purchase, you took the car to the dealer for a service, and were told it had an oil leak.
You booked it in elsewhere, and continued to drive it in the interim.
While you were waiting for the leak to be addressed, the transmission ran out of fluid because of that leak, and now needs replacing.
The warranty does not cover that.

Correct?

MoMissouri

k3lvc said:

Immediate thought is why, if you'd bought from a JLR dealer, and therefore presumably had an extended warranty/breakdown cover from them, did you take it to an independent dealer for repair ?

The dealership didnt have any appointments available for 2 weeks plus. 

MoMissouri

AdrianC said:

You bought a car that was at least three years old nine months ago.
Some issues that arose in the first few weeks were fixed under warranty.

About seven months after purchase, you took the car to the dealer for a service, and were told it had an oil leak.
You booked it in elsewhere, and continued to drive it in the interim.
While you were waiting for the leak to be addressed, the transmission ran out of fluid because of that leak, and now needs replacing.
The warranty does not cover that.

Correct?

This is correct. Also there was no warning light on the dashboard for the leak.

AdrianC

MoMissouri said:

About seven months after purchase, you took the car to the dealer for a service, and were told it had an oil leak.

You booked it in elsewhere, and continued to drive it in the interim.
While you were waiting for the leak to be addressed, the transmission ran out of fluid because of that leak, and now needs replacing.
The warranty does not cover that.

Correct?

This is correct.

Then you are out of luck.

You are asking them to cover damage arising from continuing to use the vehicle with a known fault.

The leak may have been covered under warranty - the damage arising will not be.

k3lvc

MoMissouri said:

k3lvc said:

Immediate thought is why, if you'd bought from a JLR dealer, and therefore presumably had an extended warranty/breakdown cover from them, did you take it to an independent dealer for repair ?

The dealership didnt have any appointments available for 2 weeks plus. 

And unless they gave you approval to have work carried out elsewhere this will negate your warranty. The time to raise/escalate the issue was there and then with the supplying dealer and give them the opportunity to underwrite and issues due to the delay or provide you with a replacement car in the meantime

TonyMMM

MoMissouri said:
This is correct. Also there was no warning light on the dashboard for the leak.

Is there a warning light for the transmission oil level ?

You are really going to struggle with this one - you knew there was a leak but carried on using the car, giving them a simple get-out.

What exactly did the dealer say/do when they told you there was a leak - did you ask them to top up the transmission oil or check the level to see how bad the leak was ?

If you had booked it in with the dealer for repair, and they had said "we can't look at it for a couple of weeks , but it will be fine to drive in the meantime"  you might have had a case against them. 

burlingtonfl6

Your fault, end of story

MoMissouri

TonyMMM said:

MoMissouri said:
This is correct. Also there was no warning light on the dashboard for the leak.

Is there a warning light for the transmission oil level ?

You are really going to struggle with this one - you knew there was a leak but carried on using the car, giving them a simple get-out.

What exactly did the dealer say/do when they told you there was a leak - did you ask them to top up the transmission oil or check the level to see how bad the leak was ?

If you had booked it in with the dealer for repair, and they had said "we can't look at it for a couple of weeks , but it will be fine to drive in the meantime"  you might have had a case against them. 

No there no warning light for anything.

BOWFER

MoMissouri said:

No there no warning light for anything.

I think you're missing what was meant.
We were asking if there even is a warning light for the gearbox oil level.
You may have been expecting a warning light that simply doesn't exist.
With regard to having to pay for the repair yourself, you'll get the work done cheaper than the main dealer £6500.00
A used gearbox won't be that expensive and any decent garage should be able to so it.
Looking on ebay, breakers are asking around £400 to £700 for a used box, depending on year/mileage.
A 'good' thing about the Evoque being popular is there's loads get crashed and spares are plentiful.