SAD FART Rule

Wonka_2

Notsomortgageman said:

It’s a Ingenium 2L Diesel and the investigation work for the issue has all been carried out by Jaguar so I have it all in writing, they admit it’s a common issue with these engines. 

I would have thought regardless of age a vehicle that’s been regularly serviced by JLR and well looked after should last a reasonable length of time, not 60k miles. 

So you have it in writing that it's a common issue ? or you have the report in writing and a verbal response re common issue ?

Presumably if they've investigated then they know the cause - and therefore whether it's a manufacturing fault from new or premature wear based on a set of circumstances (oil starvation, stress from cold, DPF issue etc)

When was the last service ? Based on your comments it was Main Dealer ? And how many miles since then ?

macman

Regardless of what JLR may or may not have admitted in writing, the fact remains that they have no liability, as the vehicle is out of manufacturer's warranty, and you did not purchase it from them. Your only possibility of a claim is against the dealer. If the dealer will not engage with you then that is the point at which you must send an LBA and be prepared to sue them. As others have mentioned, the delay in taking action is not going to help your case.
A great shame that you didn't just put down a nominal £100.01 on a credit card, as this would have given you the chance of an S75 claim for the full £16k. Never pay cash only for such a big ticket item.
NB: the car was not serviced by JLR, but by a JLR dealer. Presumably the dealer you bought from is not a JLR dealer, but independent?

Notsomortgageman

Yes an independent dealer. I’m sure I did not pay the deposit by credit card but I’m definitely going to check. 

[Deleted User]

Notsomortgageman said:

There is a manufacturing flaw with these types of engines (so Jaguar themselves tell me) where the material used for the cylinder blocks wasn’t good enough and wear ver fast, there is also a lubrication issues known that doesn’t help. The proof of the existing fault was finally diagnosed after the 3 month’s warranty hence why I’m asking the questions. And I paid cash as don’t really use credit cards. 

If you reported the fault in the warranty period then the warranty still counts, even if it took longer to diagnose it.

You can also rely on the fact that products must last a "reasonable length of time". Clearly an expensive engine would reasonably be expected to last longer than this. 60k miles and 6 years would be a very poor showing for a cheap car, let alone an expensive one. For a diesel not to even break 100k is well beyond the realms of reasonable for needing an entire new one.

JLR make crap engines but that doesn't affect your rights.

born_again

macman said:

Regardless of what JLR may or may not have admitted in writing, the fact remains that they have no liability, as the vehicle is out of manufacturer's warranty, and you did not purchase it from them. Your only possibility of a claim is against the dealer. If the dealer will not engage with you then that is the point at which you must send an LBA and be prepared to sue them. As others have mentioned, the delay in taking action is not going to help your case.
A great shame that you didn't just put down a nominal £100.01 on a credit card, as this would have given you the chance of an S75 claim for the full £16k. Never pay cash only for such a big ticket item.
NB: the car was not serviced by JLR, but by a JLR dealer. Presumably the dealer you bought from is not a JLR dealer, but independent?

It only has to be a PENNY.
It is the item that has to be over £100 & under £30K

FleurP78

Notsomortgageman said:

This is in regards to a recent post on a well known social media site by Martin himself, explaining our legal rights (SAD FART), Satisfactory quality As Described (SAD) and Fit for purpose And last a Reasonable length of Time (FART).

my question is does this count when your talking about a car purchase, I purchased a 2017 Jaguar about a year ago, this was from a second hand car dealer and obviously the Jaguar warranty had ran out but I was given a 3 month one with the dealer, there was an issue found early on with the car that Jaguar tried to diagnose and the dealer paid for the parts to rectify, this went on for the 3 months warranty but sadly never got rectified, the issue and nearly a year later has turned into my car requiring a new engine (this problem with the particular engine is well known by Jaguar), when the issue was first identified the car had roughly 60k miles on the clock, Jaguar are refusing to help and I’ve not contacted the dealer as they are even worse. In my head though a car that’s really expensive and only lasts 60k miles before having to replace an engine at a cost of roughly £16k is not satisfactory and certainly not a reasonable length of time.

Could I legally challenge them, either Jaguar or the dealer? With this issue we’ll know by Jaguar and it happening to a lot of these particular vehicles, I’d of thought someone would of tried already but guessing they are too big and would not be financially beneficial.

many thanks in advance. 

struggling with this issue myself - really interested to find out whether you resolved this in the end? am wondering whether to keep fighting or end up paying a loan on a car and no car, we've sent the dealer with a Letter before action but today they've sent us a letter from a law firm telling us that they have no liability (car fatally broke down 9 months after purchase due to timing chain, warranty we were sold did not pay out under "wear and tear", and they have told us they will fight our claim as they believe the vehicle was fit for purpose at the time of claim and not some miles later.

cajef

I doubt you will get any answer the poster has not been active on these forums since February 2023.

Wonka_2

FleurP78 said:

Notsomortgageman said:

This is in regards to a recent post on a well known social media site by Martin himself, explaining our legal rights (SAD FART), Satisfactory quality As Described (SAD) and Fit for purpose And last a Reasonable length of Time (FART).

my question is does this count when your talking about a car purchase, I purchased a 2017 Jaguar about a year ago, this was from a second hand car dealer and obviously the Jaguar warranty had ran out but I was given a 3 month one with the dealer, there was an issue found early on with the car that Jaguar tried to diagnose and the dealer paid for the parts to rectify, this went on for the 3 months warranty but sadly never got rectified, the issue and nearly a year later has turned into my car requiring a new engine (this problem with the particular engine is well known by Jaguar), when the issue was first identified the car had roughly 60k miles on the clock, Jaguar are refusing to help and I’ve not contacted the dealer as they are even worse. In my head though a car that’s really expensive and only lasts 60k miles before having to replace an engine at a cost of roughly £16k is not satisfactory and certainly not a reasonable length of time.

Could I legally challenge them, either Jaguar or the dealer? With this issue we’ll know by Jaguar and it happening to a lot of these particular vehicles, I’d of thought someone would of tried already but guessing they are too big and would not be financially beneficial.

many thanks in advance. 

struggling with this issue myself - really interested to find out whether you resolved this in the end? am wondering whether to keep fighting or end up paying a loan on a car and no car, we've sent the dealer with a Letter before action but today they've sent us a letter from a law firm telling us that they have no liability (car fatally broke down 9 months after purchase due to timing chain, warranty we were sold did not pay out under "wear and tear", and they have told us they will fight our claim as they believe the vehicle was fit for purpose at the time of claim and not some miles later.

To be fair 9 months after purchase is probably pushing things but may depend on age/value of the car, mileage post-purchase, and from a warranty perspective whether it’s been serviced/chain replaced to schedule

Okell

cajef said:

I doubt you will get any answer the poster has not been active on these forums since February 2023.

When someone starts a thread like this and then disappears in the middle of it, I'm often tempted to believe that they've agreed a settlement that they're reasonably happy with, but which JLR won't let them talk about it...

FleurP78

Car 5.5 years old currently and it’s been off the road since nov 23 chain nowhere near end of life (72k miles on car) 12k miles put on it since purchase 9 months prior, car fully serviced and MOT both done 4 months prior.  Jag specialist it’s currently with confirms we would not have known the fault would occur we had no indication of anything being wrong with the car
I am at a loss as to whether to file a small claims towards the cost of repair and see where that takes me or give up 😔