2007 Freelander 2 - engine blown up!

[nelliewops]

Hi everyone,

Well it didn't exactly blow up, but -

We bought a used 07 plate Freelander 2 from a reputable used car dealer in November 2008 (paid just under £16,000 as it was a high spec model). At that time it was approx 18 months old and had done between 30,000 and 40,000 miles - sorry OH knows but he's not here at the mo..........

Everything was fine - it had it's first MOT in March 2010 and has been serviced regularly. It has only been used for commuting to work and not for any rough stuff, off-roading etc, but due to OH's long commute it has now done a total of 75,000 miles.

On Saturday evening as OH approached a roundabout on his way home there was a low thud and the engine gave out. He managed to pull over to the hard shoulder before it stopped completely. On getting out of the car he discovered a huge pool of oil in the road.

Having been towed to an independent Landrover garage close to his place of work he had to abandon it there and get a friend to rescue him - I don't drive.

The garage have now had a chance to inspect the damage - OH was present and photos have been taken. Apparently a piston sheared off and split the engine apart (or something similar - sorry I'm not too good with cars!). The gearbox and turbo charger are also ruined. I have seen the photos and it's in pieces...............a terrible state!

As Landrover have not yet released parts onto the open market for the Freelander 2, the only place to get spares is a breakers yard or LR themselves. We have found a couple of engines on internet auction sites for £2000 - £2500 and have established the whole job with labour costs will be around £4000 minimum.

Today the garage have wriiten a report which OH has emailed with the photos to Landrover. The mechanic believes it is a manufacturing defect which caused the problem.

Landrover have asked for further info before they respond fully.

We understand it will probably be necessary to have an independent inspection done - can anyone recommend someone for a reasonable sum - the AA charge £156 - £246 depending on whether a basic or comprehensive inspection I believe.............is this price ok?

We haven't contacted the seller as it is around 20 months since we purchased the car so I guess the Sale of Goods Act wouldn't cover it?

Surely a car of under 3 and a half years old with 75,000 miles on the clock that has been well looked after should not have had this problem?

We really don't know what to do other than to await Landrover's response - although we have been warned that often when dealing with a car purchased second hand they will not be too keen to assist.

I would really appreciate some advice whether there is anything we can do please

Many thanks in advance,

Nellie x

[Guest]

Re: 2007 Freelander 2 - engine blown up!

You need to contact the seller. The Sale of Goods Act 1979 does cover it and gives you statutory rights for up to six years from the date of purchase.

Be aware that should you continue to pursue Land Rover, you may lose your rights under the above Act. See posts #4 & 11 here Nintendo DS Lite Broken Hinge Warranty - Legal Beagles Consumer Forum

For more reading, look here Sale of goods act. - Legal Beagles Consumer Forum and here Legal Beagles Consumer Forum

[nelliewops]

Re: 2007 Freelander 2 - engine blown up!

Hi Cetelco,

Thank you very much for your most informative post!

I hadn't realised that the Sale of Goods Act covered you for a period of 6 years. OH has got out the info from the dealer we purchased the car from and he will be contacting him tomorrow. In the light of your comment, do you consider any harm has been done by his initial approach to Land Rover?

I've had a read of the posts you linked which are very useful, thank you - my only query at the moment is that in the last thread you linked you made a reference to older/used cars -

'As buyers, we can take action under the Sale of Goods Act for up to six years (five years in Scotland) after the date of the contract, but it is of course unrealistic to consider legal action for defects on used cars - especially older vehicles - once we have had them in use for a reasonable length of time'

As the car was 18 months old when we purchased it and we have had it for a further 20 months does that count as being unrealistic do you think?

Also do you have any advice regarding having a further independent inspection carried out? OH has the report from his mechanic as well as the photos of the damage, but I wasn't sure if this would suffice?

Many thanks in advance for your continued assistance and guidance with this issue!

Nellie x

[Guest]

Re: 2007 Freelander 2 - engine blown up!

You will not have caused any harm to any claim you may have against the original supplying dealer by making an approach to Land Rover.

As for your second question, an 18 month old car that you paid £16,000 for would not be considered old at 38 months. Remember also, it is only 20 months "old" to you, which is also the beginning of the six years according to the Sale of Goods Act.

Land Rover products are supposed to be durable (although this is debatable) and apparently Land Rover once advertised that three quarters of all vehicles ever built are still in use, although they did not state how many were "in use" as chicken sheds.

It would not be unreasonable for you to expect that the product you paid £16,000 for would last longer than 20 months. Finally, regarding the inspection, once you make an approach to the original dealer, you will find out what they intend to do and only then will you know if you are going to need further, perhaps more detailed inspections carrying out. I would be inclined to wait until then, before spending any more money.

[nelliewops]

Re: 2007 Freelander 2 - engine blown up!

Hi Cetelco,

Many thanks for answering my queries!

As yet we haven't approached the dealer who sold us the car - I am currently in the process of putting something together to email to him and have been researching the Sale of Goods Act further.

Do you advise we don't mention the Sale of Goods Act at this stage as it may scare him off or should we assert our rights from the outset?

Would you recommend that we send him the photographs of the damage or await his inital response?

We have heard nothing further from Land Rover since OH's first contact with them a couple of days ago.

Kind regards,

Nellie x

[Guest]

Re: 2007 Freelander 2 - engine blown up!

I would suggest that you make your intention clear from the outset. The dealer has a statutory obligation to you, under the Act and he needs to take that seriously. If you can show that you have followed the manufacturer's recommended service schedule, have not abused the vehicle and have operated it and used it in the manner for which it was purchased i.e. you have not been hill-climbing in it at weekends, then it is reasonable for you to assert that the failure of the engine was down to a manufacturing defect. Since the dealer sold you the vehicle, he is liable under the Act.

Send him what you have, state what you want him to do in order to rectify it and await his response.