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sv1rk



Member Since: 18 Aug 2018
Location: sutton london
Posts: 23

United Kingdom 

ilard the warranty is all in house and is done through prestige cars Kent they are a very big dealer selling many cars well over the price of £200,000 lots of Lamborghinis and Ferrari’s in there forecourt when I went to pick up my car the full terms and conditions are the exact ones I attached and mentions nothing about where the car can and cannot breakdown

Post #563593 Mon Aug 20 2018 4:00pm
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james5599



Member Since: 14 Jun 2009
Location: london
Posts: 325

United Kingdom 

Go legal. Immediately.

Present the facts to a decent brief take the advice and go after them. 2019 Svr and 2019 R35 GTR

Post #563595 Mon Aug 20 2018 4:03pm
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geoffsnook



Member Since: 19 Nov 2016
Location: cardiff
Posts: 1699

Wales 2005 Range Rover Sport Supercharged HSE Java Black

Straight to the solicitors and let them sort it Thumbs Up

Post #563596 Mon Aug 20 2018 4:05pm
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sv1rk



Member Since: 18 Aug 2018
Location: sutton london
Posts: 23

United Kingdom 

my only concern is if I go legal it will be a lengthy process and will cost a lot and this exact moment of time I'm thinking I might repair the car myself because don't have enough money to do both and need my car

Post #563597 Mon Aug 20 2018 4:06pm
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Stevepd



Member Since: 22 May 2017
Location: Wiltshire
Posts: 1231

United Kingdom 2006 Range Rover Sport TDV6 HSE Cairns Blue

[quote="sv1rk" mentions nothing about where the car can and cannot breakdown[/quote]

Surely if it doesn't mention boundaries or refer to them then they cannot apply restrictions that are not in the small print, that's the point it works both ways. 2006 2.7 TDV6 HSE in Cairns Blue.

Post #563598 Mon Aug 20 2018 4:06pm
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sv1rk



Member Since: 18 Aug 2018
Location: sutton london
Posts: 23

United Kingdom 

that's exactly what I was thinking I even went and spoke to the service manager today and had a chat with him he mentioned that he also agrees with me, however, there is nothing he can do because he can not make decisions and warranty department keeps rejecting the claims

the worst thing about this all is when I went there today he also told me yesterday a truck had accidentally reversed into the back of my car and caused damage I asked to view the car and he said I cannot and after nearly 45mins of arguing and speaking to the director I was finally allowed to see my car and the Bonet, Bumper Headlight and grill was damaged but they kept ensuring me they will fix it for free . but from my perspective, that means that even more time without my car I have taken pictures and will upload very soon Censored Big Cry

Post #563599 Mon Aug 20 2018 4:14pm
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RRSTDV8



Member Since: 12 Aug 2011
Location: Northamptonshire
Posts: 8800

United Kingdom 2012 Range Rover Sport SDV6 HSE Orkney Grey

Hmmm. A warranty company will want to inspect the vehicle to ensure that the engine is seized and there is no "get out of it" issues e.g. unauthorised modifications. I wonder if the warranty company hasn't been informed yet because of the damage to the vehicle. 2012 SDV6 - it's missing a couple of cylinders
2008 TDV8 - it was a labour of love and is much missed

Post #563600 Mon Aug 20 2018 4:21pm
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PIG88



Member Since: 23 May 2018
Location: North of Watford
Posts: 194

United Kingdom 

These seem to be the specific words that sv1rk is referring to in the warranty document (clause 12). It doesn’t say anything about where the breakdown occurs - only that the claim must be made in the UK, which is what sv1rk is doing:




It seems to me that the dealer does not have a strong legal defence at all (but I’m not a lawyer).

Post #563601 Mon Aug 20 2018 4:23pm
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geoffsnook



Member Since: 19 Nov 2016
Location: cardiff
Posts: 1699

Wales 2005 Range Rover Sport Supercharged HSE Java Black

You certainly need to get a legal prospective on it and usually a strongly correctly worded letter from a solicitor is enough to get things moving Thumbs Up

Post #563602 Mon Aug 20 2018 4:26pm
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sv1rk



Member Since: 18 Aug 2018
Location: sutton london
Posts: 23

United Kingdom 

That’s exactly what I pointed out to them and I wish I had some sort of phone call recorder on my phone because I clearly remember them saying to me over the phone the first time I called them from Germany that the car has to be brought to us in order for us to make the claim and that’s exactly what I did I paid €3200 for the car to be towed back to the uk from my own expense

Post #563603 Mon Aug 20 2018 4:26pm
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ilard



Member Since: 20 Aug 2010
Location: London
Posts: 972

United Kingdom 

I am certain the warranty company is liable for this claim that has now been made in the UK. Your responsibility was to inform the dealership within 14 days of the engine failing and to bring the car back to the UK to make a claim. Aside from that the claim is a no-brainer in my opinion. The fact the car has now been damaged whilst in the dealer's care just adds to the debacle.

1. I would pay a solicitor to write a letter to the dealership that you intend to file a claim under the consumer rights act for goods of unsatisfactory quality; you want a refund to cover the cost of repairs and a refund of the warranty cost because the warranty is not fit for purpose if its terms mean you cannot use the car in the European Union.
2. I would pay a solicitor to write a letter to the warranty company for breach of contract. Include details you were on holiday or whatever temporarily in Germany, that you informed your dealer within 14 days and that you have attempted to claim in the UK.
(get both letters as PDFs or whatever so you can email them rather than wait for snail mail)
3. Get a newspaper consumer column to take on your case, e.g. The Telegraph or perhaps Auto Express or something.
4. Go back to the dealer. Show them both PDFs. Tell them this problem is not going away, unfortunately, and they either help you to get the warranty company to discharge is contractural duty or it's going to get messy in the courts and in the press. L405 P400e Autobiography (MY2020)... Silicon Silver / Espresso
RRS TDV6 HSE Lux (MY2011)... Nara Bronze / Arabica - now gone!

Post #563608 Mon Aug 20 2018 5:47pm
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Tim in Scotland



Member Since: 30 May 2005
Location: Driving along in my automobile
Posts: 17476

2013 Range Rover Sport SDV6 HSE Stornoway Grey

Sending soft copies can only be a back up to an original signed letter sent by recorded delivery - emails rarely have any way to indicate to the sender that they have been received or even opened - at least sending a letter by “Signed for” delivery somebody in the companies has to put their name on the delivery record. By all means keep the signed document as a scanned pdf but it should be sent in original signature letter form too. Also if there is even a small amount of finance outstanding involve the finance company. 2020 Pangea Green 1st Edition D240 New Defender 110 is here and loving it
2018 Melting Silver Mini Countryman PHEV - soon to be replaced
2015MY Corris Grey SDv6 HSE Dynamic, the best car I have ever owned, totally reliable only a cou0le of rattles in 3 years, now no longer in my care
Also in my garage is a 1996 TDi300 Defender 90 County HT made into a fake CSW

Post #563610 Mon Aug 20 2018 6:01pm
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ilard



Member Since: 20 Aug 2010
Location: London
Posts: 972

United Kingdom 

Totally, agree, they must be posted as Royal Mail signed for as a minimum. L405 P400e Autobiography (MY2020)... Silicon Silver / Espresso
RRS TDV6 HSE Lux (MY2011)... Nara Bronze / Arabica - now gone!

Post #563617 Mon Aug 20 2018 6:41pm
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sv1rk



Member Since: 18 Aug 2018
Location: sutton london
Posts: 23

United Kingdom 

I have got my Solicter to write a pre action protocol letter and am still waiting on a reply I thought maybe just a stern letter will be enough to get them to agree they will have 14 days to give a reply after that I will be forced to contact the press and other websites and proceed in courts but I’m still unsure if I should spend my money in repairing the car myself or proceeding to court Question don’t have enough for both

Post #563629 Mon Aug 20 2018 8:14pm
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geoffsnook



Member Since: 19 Nov 2016
Location: cardiff
Posts: 1699

Wales 2005 Range Rover Sport Supercharged HSE Java Black

I think i would go legal route as don't think they have a leg to stand on but your legal guy should be able to advise you before you go to far Thumbs Up

Post #563631 Mon Aug 20 2018 8:20pm
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