it lasted 2 days.

[ScottTDI]

1 4x4, 1 transit, 1 car trasporter trailer, 2 5 series, 3 AA flat beds, 7 tows, 21 hours and many other things and factors.

i can't be assed to type out all the event and every thing that happened so this is going to be a short version and it might have some holes in it, if there is i'm sorry and i'm nakered. lol

friday, bought a land rover discovery off a forcourt, girl friend drove it to bristol and on the way the cluch pedal went to the floor, she had to pull it back up and all was fine.
untill the next day when it did went again in tescos car park as we was reversion out of a parking bay.
we noticed it was out of clutch fluid, filled it back up and after 15mins the pedal came back. we limpped it to my dads house where we noticed it was leaking from the a pipe or slave cylinder.
we towed it to a local garage that my dad knows and the mech took a look and said it was the pipe to the the slave cylinder and the slave it self.
since the local 4x4 place is closed till monday we left the car at the garage till.
bare in mind that me and sarah is ment to be on holiday from saturday.

we picked up the parts on monday and gave them to the garage, who got the car working.
3 days late and £100 out of pocket we was back on the road heading for home to collect the dogs and our stuff.

400 odd miles and 4 days later we arive at the holiday home.
when we was pulling on to the drive the car started making a metal grinding noise then we hurd a nice metal grunch/bang and lost all drive.

Phoned the AA, who came out and took alook. he said we got drive going from the transfer box to the front diff but nothing going to the back and the steering wont do a complete lock to lock with out hitting on something and stopping.
a AA flat bed came out picked the car up and struggled to get it on because of what ever went pop is now stopping the car from moving.
finaly got it on with a big of banging, clunking and not very movement from the car.

AA towed it to a local garage who looked at it the next day and said its the gearbox/transfer box and they think this went be cause the front diff went bang. this might also explain the problems with steering and shuddering when moving it.
its now stuck in a garage in cornwall. me, the misses and the 2 dogs is stuck in a little village in cornwall.
the car is sat in a garage and i'm unable to use the AA again (single tow policy) so i started phoning some mates up for help.

Got hold of gav who sorted out a towing car and trailer. all this was done on thursday.
Friday morning bright and early (8am), gav turns up with a very nice black E39 528.
Off we go to turo to pick up this trailer ready for 9am, 2 hours later they open up.
we pick up the trailer, go about 20miles down the road to st austell and pick my disco up and then travel all the way to bristol where a mate said i can store it at his place.

About 4 hours later we arive in bristol. the 5 has done blinding job towing 2tons of 4x4 to bristol from st austell.
we unloaded the disco, drove the 5 and trailer about 300 yards up the road, then the cluch goes on the 5.
crap!
the same mate who said i can keep the disco at his place has also lent me his E34 525 touring till i get the disco sorted out. very nice of him :)

now, we have a E39 with no clutch, a E34 with no tow bar and trailer with no towing vehicle.
the E39 needs to go to plymouth, the E34 needs to go to probus and the trailer needs to go to turo.
what do we do?
put the E34 on the trailer and put the trailer on the E39 and phone the AA to tow all 3 to plymouth.

so thats what we did.
AA came out, drove us to exeter. got there at 12am, bout 01:30 the 2nd flat bed turned up to take us to plymouth.
ended up in plymouth bout 2-3am. unloaded the car and trailer.
Gav some how got hold of a transit with tow bar.
we hooked up the trailer with the E34 on to the transit and towed to the probus.
there was no point taking the trailer back to turo as the place is shut, so we had to leave it with me and the car and get the trailer company to pick it up.
the car and trailer was dropped off at probus at about 5am saturday morning. we satarted our trip at 8am friday morning.

apart from me trying to have a holiday, organise transportation for the car, i was also on the phone to trading standards about the garage where i bought the car.
i have owned the car for just over a week, done about 400 miles and driven it for a total of 1 day.
the guy at the garage is a trader, the car was sold on his forcourt but hes adiment he sold it as a private sale.
going by trading standards he's not aloud to do that and i'm also with in my rights to have a refund or get the car repaird.
i spoke to the bloke who sold me the car and is refushing to do any thing about it. hes sticking to his guns that it was a private sale and sold as seen.
i got a nice little letter here that i'm going to send to him on monday.

wish me luck.

[thebiglad]

1 4x4, 1 transit, 1 car trasporter trailer, 2 5 series, 3 AA flat beds, 7 tows, 21 hours and many other things and factors.

i can't be assed to type out all the event and every thing that happened so this is going to be a short version and it might have some holes in it, if there is i'm sorry and i'm nakered. lol

i have owned the car for just over a week, done about 400 miles and driven it for a total of 1 day.
the guy at the garage is a trader, the car was sold on his forcourt but hes adiment he sold it as a private sale.
going by trading standards he's not aloud to do that and i'm also with in my rights to have a refund or get the car repaird.
i spoke to the bloke who sold me the car and is refushing to do any thing about it. hes sticking to his guns that it was a private sale and sold as seen.
i got a nice little letter here that i'm going to send to him on monday.

wish me luck.

What an absolute nightmare !!! :eek:I wish you the VERY BEST of luck.


One day in the future, you'll laugh at this - just not today eh? :o:(

Cheers and really good luck, you've earned some,

Dave

[cliffTD5]

Had ours a month now and as per my other post it will only do about a mile and a half at a time before it cuts out and requires about 3 mins and loads of cranking.
In the garage now with lots of head scratching going on.

Hope you get some joy, good luck!

[bilge rat]

bad luck , what a nightmare .. hope you get it all sorted out and the garage play ball...

[kevinrbeech]

They're not all bad!!!!

Bought mine in 2002 with 141,000 on the clock, now done 220,000.

[ComicalEngineer]

I'd be heading for the pub as fast as my legs would carry me!

Trading standards are dead right. Traders can't make private sales and unless he has a bit of paper saying "sold as seen" and "private sale" with your signature on it then he hasn't a leg to stand on.

As I understand it, the goods have to be "of merchantable quality" when sold (unless specifically sold as otherwise) and meet the seller's description.

If he doesn't play ball then Trading Standards follows by small claims court. A real PITA any road.

We bought our old heap last year and have done about 5000 miles including taking it on holiday to Wales a couple of weeks ago where the only thing that went wrong was a non-terminal hole in the exhaust. That said, it's N reg with 136k on the clock. I've also done a few jobs like replacing the starter motor, brake discs and pads and sorting the dreaded spider out. Touch wood it's not actually broken down on me yet!

Hopefully you'll get sorted soon!

[ScottTDI]

I'd be heading for the pub as fast as my legs would carry me!

Trading standards are dead right. Traders can't make private sales and unless he has a bit of paper saying "sold as seen" and "private sale" with your signature on it then he hasn't a leg to stand on.

thats the bit where it gets a bit tricky.

we have a a deposit receipt saying trade sale and a final receipt saying private sold as seen.

trading standerds said he can't sell privalty cause he is a trader and having a bit of paper saying private sale on it wont work.
also, the fact that the car was advatised on his forecourt and the V5 is in his company name, all that should make it in our favour.

i'll keep you all posted if you want.

[kevinrbeech]

i'll keep you all posted if you want.

Yeah, that'd be good.

Just write to him in brief, saying that;
following the discussion you've already had, you feel that you have no choice than to take the matter further and that you will be making a claim for £???? in the small claims court.
Assuming you win, you'll get back all the costs.

If this doesn't work then you'll have to go through the process in the court. You could also enlist the help, possibly, of the CAB, I found them extremely helpful.
Kevin

[TEMPL4R]

If it's lost drive and has problems steering, I'd say you have a CV joint collapsed.

If he is a Trader, he can't sell it as a private sale, he can sell it at a reduced price as a Trade sale or sold as seen, BUT it must be on the invoice as such. Usually adding "No warranty implied or expressed."

If it was advertised at, say £3000 and you agreed a price of £2500 cash, then I doubt it would be a retail sale. If it was close to the windscreen price or you traded another vehicle in, then he would be hard pressed to say it was anything other than a retail sale.

If you have paperwork that says it is a "trade sale" or "sold as seen", you have to prove he misled you. If you are not a Trader in vehicles, you can't have a Trade sale. He will play on the Sold as Seen, that is a fairly common get out for a cash sale so they can "lose" a bit of cash. Whatever you paid him, it will be a few hundred short in the accounts.

Chris

[ScottTDI]

i've had a chat to a solicitor in work (the joys of working for a law firm :D) and read my 2page letter that i'm sending him.
he said its fine, added a couple of extra bits to it and said that if the guy does not reply with in 7 days he will write him a letter on company headed paper.

that should put the fear in him.

He also said that i can try and claim for any expenses incured due to the vehicle failing.
the towing, storage and like.

Temp:=- i paid screen price. the guy would not drop below that as he had all ready nocked 700 off the price.
the final invoice states sold as seen, price and no warrenty but cause he's a trader and selling a product he falls under the sale of goods act.
in short, he dont have a leg to stand on.
so i'm told.

the letter will be sent tomorrow and i can't wait to see what reply i get.

Thanks again to all. :)

[oxtonvillage]

thats the bit where it gets a bit tricky.

we have a a deposit receipt saying trade sale and a final receipt saying private sold as seen.

trading standerds said he can't sell privalty cause he is a trader and having a bit of paper saying private sale on it wont work.
also, the fact that the car was advatised on his forecourt and the V5 is in his company name, all that should make it in our favour.

i'll keep you all posted if you want.

Yes please!

You have to keep your nerve here - you are in the right and you have Trading Standards on your side.

Have you asked Trading Standards to contact the garage?

Best of Luck!

[TEMPL4R]

Knowing a lot of Traders, I wouldn't hold out for an easy settlement, they know how to get round rules and drag things out. If they trade from a small pitch with a portacabin or shed, quite a few disappear overnight and start up elsewhere.

Keep us informed though, we might be able to give you a few ideas that a Solictor can't.

I'd start by looking at the CV joints while you are waiting for a reply.

We get loads of cars traded in because they have faults, the Salesmen just look at the mileage and condition, they are supposed to test drive everything but don't. As we don't know the history of most cars, it's a risk the boss has to take. If they come to us and we can spot a problem, they can adjust the price to cover the fault, like £400 less as the head gasket has gone, £1000 less as the IRD has failed, things like that.

It sounds like he is a rouge trader, did you pay cash or cheque? If he is genuine, he will take cheques, they have to go through the books, cash disappears easily.

Chris

[ScottTDI]

oxtonvillage (http://forum.landrovernet.com/member.php?u=30056):=- not yet. they asked me to send a letter. so thats what i'm doing.
i'll give them a update tomorrow when it is sent.

Temp:=- the car is over 130 miles away from me, so might have problems checking them :D
He runs from a old petrol station. he also has over £40k worth of 2nd hand range rovers. lol

i'll dig a pic out.

[ScottTDI]

http://img.photobucket.com/albums/v70/Axios/Disco/Caronforecourt.jpg

http://img.photobucket.com/albums/v70/Axios/Disco/Caronforecourt2.jpg

[ScottTDI]

letter sent.
he has 7 days to reply :)

[TEMPL4R]

If you PM me a copy of the letter, I'll let the Boss look at it ( he's had a few over the years) If he is impressed by it, then you have a real chance of getting something done.

He might point out what to do if it isn't quite there.

Chris

[ScottTDI]

bit of a update people.
the guy sent a letter back.
a rather nice one, not getting ****ting.
trying to make out that we used the disco to off road and thats what caused it because the inlaw is kitting his landy up to off road.
also, we should have spotted a leaking clutch pipe cause i'm a BMW mech and the inlaw likes the land rovers and a small puddle on the drive way where we parked it should have shown that.
he got a letter from the old owner saying the car was in good working order when she part-exd it and it worked fine for him when he was using it (never knew that).
some other bits and bobs but i think thats the jist of it.
i could scan it in if any one is really intrested lol.

not sure how to procced now but i'll ask the lawyer and see what he says.
good job he's free :D

[TEMPL4R]

The letter from the previous owner isn't worth squat. People trade in for 2 reasons, they want a newer car or the old one has problems.

No one says, "It's a bag of ****e, I haven't serviced it since I've had it and there is something drastically wrong with it, that's why I'm trying to get rid of it." That is why we test drive all vehicles IF the salesman bothers to bring it to us, things cost so much to repair now. An EML can cost from £200 upwards, God forbid there is an ABS light on.

You need to get your Solictor employer to contact him, the arguement is over the sale. If he misled you into the belief that he sold it you as is, you believed it was a retail sale with some kind of warranty. He could suggest that Customs and Excise should inspect his accounts to see what the sale was recorded as.

Maybe you are a BMW mechanic, that is nothing to do with it, you are not a Land Rover trained specialist. I work on pretty much every make of car, doesn't mean I know everything about them.

If he says you took it off road, let him prove it, "by association" isn't a valid reason.

But it is an off road vehicle, so he has shot himself in the foot there, you can expect it to be able to go off road as it was designed to. If not, it's not fit for its designed use. Let the Solicitor work on that.

Chris

[wozza35]

That garage is not in Highbridge somerset is it?

[oxtonvillage]

The letter from the previous owner isn't worth squat. People trade in for 2 reasons, they want a newer car or the old one has problems.

No one says, "It's a bag of ****e, I haven't serviced it since I've had it and there is something drastically wrong with it, that's why I'm trying to get rid of it." That is why we test drive all vehicles IF the salesman bothers to bring it to us, things cost so much to repair now. An EML can cost from £200 upwards, God forbid there is an ABS light on.

You need to get your Solictor employer to contact him, the arguement is over the sale. If he misled you into the belief that he sold it you as is, you believed it was a retail sale with some kind of warranty. He could suggest that Customs and Excise should inspect his accounts to see what the sale was recorded as.

Maybe you are a BMW mechanic, that is nothing to do with it, you are not a Land Rover trained specialist. I work on pretty much every make of car, doesn't mean I know everything about them.

If he says you took it off road, let him prove it, "by association" isn't a valid reason.

But it is an off road vehicle, so he has shot himself in the foot there, you can expect it to be able to go off road as it was designed to. If not, it's not fit for its designed use. Let the Solicitor work on that.

Chris

I have to agree with Chris here. The trader has to sell goods of merchantable quality (definition) (http://www.encyclo.co.uk/define/Merchantable%20quality). The burden of proof will be on the trader to show that the vehicle was damaged whilst being driven off road after you bought it.

As a consumer, there is no obligation on you to check the vehicle before purchase - whether or not you are competent to do so.

I'd go back to Trading Standards and ask them to contact the garage.

[ScottTDI]

thanks for all the info and help lads.

i need to wring trading standards tonight and give them a update.
Had a chat with the solicter in work and hes going to write him a very stern letter.

hopefully this will be done soon and end with out having to go to court.

More updates as and when.

thanks again.

[ScottTDI]

got off the phone to trading standard and they are paying the garage visit to day.
they also said i should carry on with my claim.
sending a new letter today, hopefully i should get a better responce.

[oxtonvillage]

got off the phone to trading standard and they are paying the garage visit to day.
they also said i should carry on with my claim.
sending a new letter today, hopefully i should get a better responce.

Best of luck - keep us all informed!

[FATARSE]

Any updates on this?

Just browsed past and remembered I wanted to hear the outcome of this.

Hope all is well!

[ScottTDI]

sent the letter from solicitor and had a reply. still trying to blame us for off roading in it but hes changed the tone of the letter.
he now wants the disco inspected and is offering to do it for us.
I'm trying to see if a couple of mates can do it for me.
2 of them are mechanics and 1 is a bit of a landy nerd.

also got my mate to put the diff lock on and see if he can move and it moved.
so it might just be the front diff/axel thats gone not the gear box.

[oxtonvillage]

sent the letter from solicitor and had a reply. still trying to blame us for off roading in it but hes changed the tone of the letter.
he now wants the disco inspected and is offering to do it for us.
I'm trying to see if a couple of mates can do it for me.
2 of them are mechanics and 1 is a bit of a landy nerd.

also got my mate to put the diff lock on and see if he can move and it moved.
so it might just be the front diff/axel thats gone not the gear box.

The alternative is an independent AA or RAC - not cheap though. (https://www.aacheck.com/viproducts.asp?persist_SubscriberID=101342&AutoLocateID=BAC1CBD229E2C4AE61176205). If it is only the front diff, would the garage fix this for you at their own cost?

[ScottTDI]

The alternative is an independent AA or RAC - not cheap though. (https://www.aacheck.com/viproducts.asp?persist_SubscriberID=101342&AutoLocateID=BAC1CBD229E2C4AE61176205). If it is only the front diff, would the garage fix this for you at their own cost?


no, this is part of the battle, we would happly get it fixed and back on the road, could work out cheaper than a refund but still not having any of it.

need to get it inspected and then another letter sent off and see what he says.

AA owe me a free check when i took out my membership.

[JulesV8]

Best of luck with this case, I hope it goes in your favour - as it should.

If it all goes to rats urine, how many people fancy a trip down to this garage and have a winch challenge on his premises?

:D

[lukelr90]

now thats a GOOD idea !!!!!!!!!!!

[oxtonvillage]

Best of luck with this case, I hope it goes in your favour - as it should.

If it all goes to rats urine, how many people fancy a trip down to this garage and have a winch challenge on his premises?

:D

now thats a GOOD idea !!!!!!!!!!!

It's very tempting, I have to admit!

[ScottTDI]

if all goes tits up, we can see how many landys it takes to pull the new range in half :D


got two mechs going over this weekend to do two seperate reports on the landy.
i'll post up their findings.

[timbott]

still trying to blame us for off roading in it

Hang on, hang on. I ain't taking sides here but how the hell can you blame someone for taking a Land Rover off road:rolleyes:

cheers, Tim

[ScottTDI]

Hang on, hang on. I ain't taking sides here but how the hell can you blame someone for taking a Land Rover off road:rolleyes:

cheers, Tim

thats part of our argument.
it was built and designed to off road.

granted, we never had the chance to. i think the most off road action it seen what when i parked it on the drive. lol

[ScottTDI]

had a Land rover mech take a look at the disco today and he said its the CV joint thats gone, not the box or diff.
put it in diff lock and the disco moves, thats a good sign i guess.

need to the get reports back and send them off to the trader.

[ScottTDI]

Bit of a follow up from the above post about the report.
I've attached a copy of the report, sorry bout the dodgy editing of it. lol

Do CV joints just fail like this?
Is the CV joint a wear and tear part?

off to see the solicitor tomorrow and see what he says.
hopefully this will come to tan end before the tax runs out and some pumps the half tank of diesel out of it, they all ready had the window wipers. :(
On a good note, after about 2 months of doing nothing, it started 1st time when the mechs looked at it :D

[TEMPL4R]

Generally it's due to lack of lubrication on a car, the gaiter splits and loses the grease. If it relys on oil lubrication in a swivel, it needs to be kept at the right level, any leaks will make it fail a lot quicker.
In a straight line they are OK, it's when they turn and the components slide across the faces on the joint, that is when they wear.

Chris

[ScottTDI]

its been 5 months and countless letters but i get the disco back this weekend.
then i need to tax it but i got it back so i'm all happy.

Time to find some tracks on dartmoor and look for some tyres (i'll do a search for the tyres :D)

Thanks to all with theirs kinda words as well :)

[sparkyspice]

Did the dealer pay up and if so what for? Did you have to go to small calims court?

[ScottTDI]

The trader picked the disco up and replaced the CV joint.

[Swingletree]

Good result there then. Glad you got it sorted :)

[ScottTDI]

Its parked on my dads drive safe and sound with about 200 liters of bio fuel waiting. :)