UPDATE 03/10/14
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For those that remember this, I ended up taking legal action via the ombudsman and the adjudicator has today issued their verdict.
Just to sum up, within days, weeks the TDV8 I purchased suffered one issue after the other. In the end, I ended carrying out the following at my own expense:

new air compressor
new rear arc bar (knocking)
new front arc bar (knocking)
new front lower arms
repair handbrake parts (issue squealing)
steering flush
replace rear parking sensors
replace SRS squid (airbag related)
Rear disc and pads (brembo)

Those in the know will be able to estimate the extent of the bills this brought me. I did not spare any penny and was fully aware of the risk that when I claim for reimbursement, I may lose.

I'm pleased to say the adjudicator ruled in favour of me All costs + some compensation is now due with the exception of:

The rear brakes. Ruled as reasonable wear and tear.
The cost of diagnostics when I seeked independent 2nd opinion.
The front arc bar as the knocking for that surfaced just outside the first six months.
so I've swallowed the cost for the above. Fair enough.

The ordeal lasted 18 months, in that time, I made a record of every call and what was discussed followed by written email confirmation, names were jotted down, emails printed, receipts, invoices kept, every trip to the mechanic was reported to the supplying dealer, photographs were taken at key points, I kept a dated timeline of all events etc... In the endm I took the plunge and filed my claim in what amounted to a 30 page dossier!! in the end it all paid off.

My baby is driving like it should and has recently come out of the main dealer with its full service and MOT. Life is good AND I have the BAS map

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ORIGINAL POST:

some of you may have come across my posts recently, mainly complaining about mechanical or electrical failures. I have owned the car 2 weeks, having purchased it from an independent dealer with 12 months warranty.

Since then the car has had £1100+ worth of repairs. Namely:

1. New Parking sensor
2. New SRS Spiral Squib Cassette
3. Shut off coil valve
4. Rear pads and disc (found to be the cause of EPB issues and squealing noise)

I've had to fork out almost half of it out of my own pocket, the rest was covered by the warranty. The costs I've had to pay (mainly due to objection from both the dealer and the warranty company while the car was stripped out, on ramp):

1. rear pads and discs
2. excess (or first £x towards the cost of a warranty claim)
3. labour rate difference between the garage's rate and the warranty company's "max per hour rate" (this was the warranty company's own designated garage, a 4x4 specialist )
+VAT

the garage has also made advisory notes on further problems, namely knocking due to lower arm play and vibration due to wheel alignment. I'm pretty confident If I had the car in for a once over, there would be a myriad of other faults.

The car is a TDV8 with 60k on the clock, sold as pristine, with a new MOT and regular service history (40k of which serviced by main dealer).

The dealer's view wrt to the brakes is that it flew through an MOT and the brakes were functioning perfect. no advisory notes on the MOT. Further, the warranty company took the stance of no cover for wear and tear components. To give you an idea of how severe the pads were damaged, one of them was the thickness of a 2p coin. This is about 1000 miles after purchasing the car (I have kept the original parts as evidence)

I will offer the dealer an opportunity to do something about the advisory notes and claim all my cost back from them. Based on my recent communications, I expect strong objections so will start with a small claims action and possibly legal action unless they offer to settle in full privately.

My view is that regardless of the warranty, the onus is on the dealer to ensure they've sold me a car in a satisfactory condition. I don't consider a car having £1100+ worth of faults within 2 weeks of purchase, as a car in satisfactory condition.

Interested to hear from any members that have been in similar positions or just anyone with some helpful advice.

thank you. 07 TDV8 + BAS map

Last edited by jack.bauer on Sat Oct 04 2014 10:14am. Edited 2 times in total

Jack - I don't have any advise but wanted to say that I'm sorry to hear you're having issues.

From previous experience I know that it takes the pleasure out of the ownership and, no doubt, makes you weary of its future reliability.

Good luck with whichever path you travel.

Richard. 2013 (13.5MY) RRS HSE Black | Causeway Grey | Privacy | Ivory & Ebony | Grand Black Lacquer | Style 7 Alloys | AWESOME

The first thing I would do is get Vosa involved. Sounds like the car never went near an mot bay if the pads and bottom arms are stuffed and there were no advisories.
Mine needed rear discs and pads at 45000 and cost less than £100 to do. But dealer should have done it. PDC go down as a regular pastime but again should have been done if faulty at purchase.
I can't understand a warrenty company sending you to a garage then asking you to too up the labour rate especially when I expect they will have insisted that the car had full dealer history before inception. That needs looked at by trading standards.
A strongly worded letter from a solicitor will get you a better result than talking directly to dealer at this point, if they sold a car with these issues they aren't going to be bothered by a call from you.
Lastly, make sure you have all the replaced parts, as the wear and tear argument won't hold water after two weeks especially when the car has spent your ownership in a garage
The other thing is if you have car on finance, talk to the funder and see what their view is on returning the vehicle if that is what you want to do. 2x TDV6. SE and HSE. Both returned to sender with issues👀
TDV8 Sport HSE...... Gone. Loved it but it didn't love me!!
Now rolling in MY10 Fullfat TDV8 Vogue. Slammed it to go round corners🙈
Cruising daily #56 mph in a Volvo V8. 😱
Lots of other toys in the cupboard...😜

Last edited by simple1 on Fri Apr 12 2013 7:40am. Edited 2 times in total

By law you have a six month warranty from a trader under the sale of goods act (iirc)

Because your faults have started so soon after purchase, the trader should be putting these problems right out of his own pocket and I think a court would find this a bit of an open & shut case.

Sorry to hear of your problems, things like this can really take the shine off your purchase. Good luck.

I cant really add anything - except Brake Pads and Disks are 90% of the time a service item and i could see why that would be a chargeable repair - however, if they were MOT'd (which is only a basic check at that moment in time) you could reasonably expect them to be OK if the MOT was current (eg done a few days prior to the wear being identified.

As for replacing them, i could see a charge of being £200-300...im not saying i would want to pay that! Mike

2014 Facelift Discovery

Thanks guys.
Simple1, reason I was going to approach myself first is ti try and sort amicably if possible otherwise it may strain our relationship and affect future issues. Interesting point about vosa. The lead mechanic at the garage did say he was baffled how the dealer would give it a new mot and put it for sale in this condition. I am also considering returning the vehicle.

It's a real shame as rwash, it does make you weary of its reliability which is unfair on the brand as this particular example just doesn't look like it's been looked after.

In hindsight a lot about this sale seems quite shady.
It was advertised as having two keys yet when it was handed over the vehicle post sale The second key was suddenly missing.
Throughout the viewing of the car and indeed when doing the paperwork I was lead to believe there were two keys (2 keys were on our desk next to the paperwork when the salesperson was going through them with me). Since then he has been tracking down the previous owner to try and locate it. It smelt like bs then and i now see why. Was planning on getting second made then claim the cost back but I still don't have my V5. 07 TDV8 + BAS map

where did u purchase the car from out of interest? not in the leeds area was it? this sounds very similar to my situation and i am currently going through the same procedure! the dealer i bought from had several sports

however i did eventually get the second key!

As previous posters have mentioned this is a problem for the Seller as the faults obviously existed prior to sale. You should not be out of pocket at all. It has nothing to do with whether you have a 3rd party warranty and what they say.

You can use a the Small Claims Court for amounts below about £15,000 ( I think) - it can be done online and is very easy.

Its worth try to talk the Seller into acting sensibly but I'd say your going to the SCC if they don't play ball. If you make a claim via the SCC I'd add in any incidental costs you have also incurred as the aim is to put you back (financially) where you were had the faults not occurred.

I appreciate you wish to produce a working relationship but you need to be clear what direction your head is going before contacting the dealer. If you want your money back and return the car, get dealer to refund what you spent or just make them aware of the failures.
I would bet you a steak dinner that as the Dealer has already flouted the law, and worse, put you at risk by selling a defective car, that they are not going to be too concerned about a single punter with a gripe or two hence saying do it officially. It's your call how you tackle this but be clear what you want prior to doing anything. It might well be that now you have sorted issues, the car will be good reliable steed.  2x TDV6. SE and HSE. Both returned to sender with issues👀
TDV8 Sport HSE...... Gone. Loved it but it didn't love me!!
Now rolling in MY10 Fullfat TDV8 Vogue. Slammed it to go round corners🙈
Cruising daily #56 mph in a Volvo V8. 😱
Lots of other toys in the cupboard...😜

I think it will be the breakpads that will be the deal clincher, the garage wouldnt want VOSA sending a Test Car to them for a MOT.
Then again, and correct me if I am wrong, it will be the vehicle tester that will be taken to court, and not the garage, if a vehicle is granted a MOT when it shouldnt have got one. 07,TDV8,Black, Black Heated leather all round, Rear Entertainment with Headpones & Remote, TV, DVD, Pure Dab Digital Radio, Sidesteps, Adaptive Headlights, sunroof, now working fuel burning heater )))

Truth be told, the trader has probably had a bent MOT put on the vehicle and it's now come back to bite him on the arse.

rechecked the docs. wrt to the MOT - it was done at the beginning of Feb @ 54k. I was sold the car under two months later with 59.8k! so sounds like at the time it passed MOT fine. still means the pads were end of life at the point the car was sold to me. I am wondering if it's worth taking it for an MOT now and see how it fares just two months after they passed it.

simple1, I see your point. my only reservation with going to court direct is being on a backfoot for not letting the dealer rectify the problem. although having said that, if they do decide to repair the issues, it would be via the same garage they sent me to previously. so the other options is to get it repair from that same garage myself and claim back. again, Im reluctant to do that with the risk of putting myself in an unfavorable position for "taking action" rather than let dealer take a look.

I had the disc/pads replaced as without that the noise wouldn't go away and they had already refused to do something about it, so that's closed off.

now is the issue with the knocking sound from front axl (arm play) and vibrations (wheel alignment).
one other question I have to consider is, neither of these were apparent upto the point i delivered the car to the garage for the first repairs. both these issues surfaced after the car had been on a ramp.

how likely is it that the mechanic that carried out the repairs i mentioned above accidentally caused/aggravated these issues or even worse, deliberately caused them to generate business? sad thought, i know, but i need to be prepared as the dealer can very well say it's not a coincidence that neither issues were there when i dropped the car off and suddenly appear when i collect it. what's made me think like this is I'm still wondering why the discs had to be replaced as well as the pads to remediate the squealing noise.

** there's a new problem ive found, a "hissing" sound from the driver's side when going around a bend. 07 TDV8 + BAS map

Didn't say go to court, said get a solicitor to write to them. Most solicitors will see you for half hour for free and charge 30 quid to write a letter. All of which you can claim back along with your other costs.
Hissing could be lots of things but needs checking. If they have had suspension apart to do bottom arms, then really should have had four wheel alignment done after which might mean the hissing is actually the tyre scrubbing. Again needs checked. Always instruct guys doing work on suspension to check alignment after! 2x TDV6. SE and HSE. Both returned to sender with issues👀
TDV8 Sport HSE...... Gone. Loved it but it didn't love me!!
Now rolling in MY10 Fullfat TDV8 Vogue. Slammed it to go round corners🙈
Cruising daily #56 mph in a Volvo V8. 😱
Lots of other toys in the cupboard...😜

Ok Yeh with you now.
Would they need to have the suspension apart to replace the shut off coil valve?
Hissing sounds more like a compressor type noise than a tyre rubbing against something mind you 07 TDV8 + BAS map

Shut off valve??? I am guessing that will be something to do with turning the engine off. I have reread original post as thought you had ball joint and bushes done.
Sounds like air escaping then. Needs checked out in case it's a leg or supply pipe to it. 2x TDV6. SE and HSE. Both returned to sender with issues👀
TDV8 Sport HSE...... Gone. Loved it but it didn't love me!!
Now rolling in MY10 Fullfat TDV8 Vogue. Slammed it to go round corners🙈
Cruising daily #56 mph in a Volvo V8. 😱
Lots of other toys in the cupboard...😜