Head gasket gone... compensation?

Iamthesmartestmanalive

You never paid for the engine though so it wont be covered under the SOGA.

You also never purchased from Landrover

The SOGA covers consumers from the retailer

The use of the intermediary throws that out the window

Also the SOGA would cover the vehicle, not the replacement engine (unless a fee was paid)

Id imagine they would argue that 9 years old is a reasonable time for a user to become liable for a head gasket and win easily

flang

nej wrote: »

Land Rover dealer (where it is now), as their labour charge is probably triple-digits per hour, but he wanted to take it there.

Seems crazy!
Take it to a small independent garage!
They will probably do a better job .
People always assume Vauxhall/Landrover/BMW garages are going to do a good job yet from my experience it can sometimes be worse!

nej

Iamthesmartestmanalive wrote: »

You never paid for the engine though so it wont be covered under the SOGA.

You also never purchased from Landrover

The SOGA covers consumers from the retailer

The use of the intermediary throws that out the window

Also the SOGA would cover the vehicle, not the replacement engine (unless a fee was paid)

Id imagine they would argue that 9 years old is a reasonable time for a user to become liable for a head gasket and win easily

For the smartestmanalive, you certainly missed a couple of points:

1 - He did pay for the replacement engine. At a later date, he received some compensation from Land Rover. This does not mean he didn't pay for the engine.

2 - I think the engine was purchased from a Land Rover dealer in the end. I'm not 100% sure on this, but if that is the case then the retailer is liable. If he paid Land Rover directly, then they are liable. Either way, he purchased an engine in that transaction, not a vehicle

3 - The vehicle may be 9 years old, but the engine (which we are talking about) is only 3.5. The age of the chassis, bodywork and seats is irrelevant.

I've done some digging and it appears that Land Rover are very inconsistent with their payouts on this. The best I think he can do is just to keep at them and see if he gets anywhere.

nej

flang wrote: »

Seems crazy!
Take it to a small independent garage!
They will probably do a better job .
People always assume Vauxhall/Landrover/BMW garages are going to do a good job yet from my experience it can sometimes be worse!

I know, I know... I don't know why he took it there. I guess it's the "experience" of the people there, and because they fitted the engine last time.

goldspanners

the retailer is not liable for anything.
you have a car that is 9 years old,well out of warranty,the parts replaced would only carry a year warranty as anything does when you buy it.
even if the parts were replaced under warranty conditions,then the vehicle goes out side its warranty period but within the year of part being replaced the dealer is not required to cover the work or the parts.
i know it isnt what you want to hear but you wont get anywhere fighting for some compensation other than looking stupid.
get the car repaired by a local independant garage,then sell it.

nej

Still not convinced by your argument. As I said, the engine is not 9 years old. I don't think you can describe an entire engine as a "part" - we're not talking about just an oil filter here. And even so, it should last a reasonable amount of time (as described - but not exactly specified - by the Sale Of Goods Act). 3.5 years/30,000 miles is not reasonable for a well maintained engine.
If it were a one-off then I wouldn't consider complaining too much, but as it's a well-documented design flaw I feel it's a bit different.

The way I see it is there's nothing to lose by pursuing it, but it's up to him. If it were me I would, but then he's a lot more easy going than I am!

LandyAndy

I see you are in Surrey. There are a number of Land Rover specialists in that area, all of whom will be much cheaper than your main dealer. Try googling 'land rover specialist surrey' . The obvious one to approach first is Dunsfold as they are highly regarded in Land Rover circles and will give you free advice if you call them. http://www.dunsfold.com/.

goldspanners

nej wrote: »

Still not convinced by your argument.
I don't think you can describe an entire engine as a "part" - we're not talking about just an oil filter here.
And even so, it should last a reasonable amount of time (as described - but not exactly specified - by the Sale Of Goods Act). 3.5 years/30,000 miles is not reasonable for a well maintained engine.
If it were a one-off then I wouldn't consider complaining too much, but as it's a well-documented design flaw I feel it's a bit different.

The way I see it is there's nothing to lose by pursuing it, but it's up to him. If it were me I would, but then he's a lot more easy going than I am!

1.im not arguing.
2.check your land rover parts manual,you will find a part number for a complete engine,therefore one part. you say it was replaced as 1 part previously.
3.what is a reasonable amount of time? and who decides this?

seriously you will not get anywhere with this,you are asking for warranty on a 9 year old vehicle.it isnt the other parts that have been replaced you get a warranty on.you dont get a warranty on warranty work,this is where the reasonable time comes into it,if the engine was replaced and then broke again next week,that is reasonable time.
have you read the receipt from the last time it was replaced?
does it say if this doesnt last a resonable amount of time bring it back and we will repair it again for free? i doubt it.
dont waste your time trying to pursue this.
and why come on here asking for the other side of the coin,then when you get it be not convinced.i am speaking from experience in this type of thing every day.no company in thier right mind would warranty this kind of claim not even the nice generous bunch at land rover.