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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48173
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I own a 4 year old Landrover Discovery which has recently had

Resolved Question:

I own a 4 year old Landrover Discovery which has recently had to have the lower arm suspension bushes replaced on the front. As the car is only 4 years old, has below average mileage 47,000 and has never been off road I feel that this part should not have needed to be replaced. The garage where I had the work done agree that it is very unusual and unreasonable for this part to be replaced on my car. I contacted Landrover customer services asking for their opinion but they have constantly insisted that I should have used their technical dept and as a result they are not even prepared to examine the parts. I told them that I had already ordered the parts and arranged for the work to be done but they are still insisting that they would only consider the issue if they had been able to examine the parts on the vehicle and not now they have been removed. They are also stating that the part is liable to wear & tear but they will not comment on whether it is unusual or unreasonable with the age and mileage of my car to expect this part to have to be replaced. I feel that it is not a matter of cost but a matter of principle and they should be prepared to accept the other garage's assessment and or examine the parts which are available. We feel strongly that a quality vehicle like our Discovery, designed to withstand off roading conditions should not have had such extreme wear & tear on the suspension so soon. This is our 5th Landrover and we have never had a problem like this before or needed to make a complaint. Could you please let me know whether I should pursue this further?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you buy it from new from the dealer?
Customer: replied 2 years ago.
No. I bought it from a Landrover main dealer when the car was 18 months old and had done 17000 miles. I was told it was originally owned by Landrover when I bought it.
Expert:  Ben Jones replied 2 years ago.
The first thing to note is that you have no rights against manufacturer in this case. They were not party to the contract when the car was purchased and unless you took over a manufacturer’s warranty at the time, which is still valid, you have no legal relationship with them and cannot pursue them for any of this. Your rights will only be against the seller of the car as that is where your purchase contract would originate and where your contractual and statutory rights will apply. Your rights under law will come under the Sale of Goods Act 1979, which states that the goods must be of satisfactory quality, as described and fit for purpose. There is however no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so you would be too late to pursue that option. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. So after all this time, it is now for you to prove that this was a faulty part which was faulty at the time of sale and it does not meet the statutory criteria set out above. You will have to do this by getting an expert report from a qualified mechanic who can verify that what you are claiming is indeed the case. It is for you to prove that these issues were not due to simple wear and tear or something which has happened since the vehicle was purchased. As you can imagine that may not necessarily be easy so bear that in mind. So as you are too late to reject the vehicle, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. Asserting such pressure may assist in them changing their mind but if they do not, then all you can do is take this to court to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Unfortunately you have not answered the problem we face. The car was out of warranty by 1 year, however we did purchase from Landrover. We took the car to an independent 4x4 garage with a vast experience of Landrovers, they diagnosed the problem which was excessive wear, they were surprised this had happened on such a young car with below av mileage.
This is why we took our concern to Landrover customer service. They have dismissed the issue as we did not use the dealer we bought it from, despite having the worn parts to show them, they have refused to examine them or to consider the report from the garage. Can you tell if Landrover is being unreasonable and whether we have a case? Despite being out of warranty we believe this car was not fit for purpose after 4 years of motoring, can you advise
Expert:  Ben Jones replied 2 years ago.
You could have taken the car anywhere for an examination to diagnose the problem, but that does not mean that LR now have to deal with it or resolve it. They may be being unreasonable from a moral perspective but not necessarily a legal one. As mentioned at this stage, they can refuse to repair it unless you can prove that the issues were due due to a defect present at the time of purchase. You are outside of the initial 6 months after purchase and as mentioned it is now down to you to prove that this was the case. LR are not legally obliged to repair it unless you can show that and even then they could refuse and it is for you to take the matter further such as to court. Hope this clarifies?
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