It's been alleged on another forum that LR are trying to impose gaging orders on customers who exercise their legal right to reject a car.
https://www.discosportforums.co.uk/viewtopic.php?f=8&t=5958
Any thoughts Doctor? Ex AA Series III LWB Safari - Gone
300TDi Disco (bought new - terrible car) sent back after 18 months
Freelander 1 Estate - leased, given back at end of lease
200TDi Disco (bought from a mate with 100,000 on the clock) - Gone
Disco 2 TD5 - sold and exported to France
FR2 TD4 GS - Gone
FR2 SD4 HSE - Now changed for a DS
New model ex-demo Evoque S 180 in white
Unable to order a new DS, so gave up. Now have a Volvo S90 Recharge.

Having rejected recently - that is incorrect 2011 XS,Sumatra Black, GONE MARCH 2014- RR Evoque Prestige 5 door ,MY 2014,Loire Blue, Silver Roof, Panoramic roof.
MY 2016 Disco Sport HSE Auto Scotia Grey,REJECTED
Mercedes E220D AMG line with air suspension(Gone)
DS 200 SE Dynamic my 21 (Gone)
DS 200 SE Dynamic my 22 (Gone)
Audi Q5 40TDI S line (gone)
Discovery Sport D200 S 2024 MY

I don't believe the forum member on D5 has had to sign one. 21MY Defender 90 S 3.0 D200

Under what used to be the Unfair Contract Terms Act 1977 (now amalgamated into the Consumer Rights Act 2015), any contract term that excludes or restricts statutory rights is not enforceable.

My personal approach would be to agree to their demands for a smooth refund then breach it by blabbing to all and sundry then tell them good luck pursuing me over it  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

S.31 of the 2015 Act:

(1)A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions—
(a)section 9 (goods to be of satisfactory quality);
(b)section 10 (goods to be fit for particular purpose);
(c)section 11 (goods to be as described);
(d)section 12 (other pre-contract information included in contract);
(e)section 13 (goods to match a sample);
(f)section 14 (goods to match a model seen or examined);

(2)That also means that a term of a contract to supply goods is not binding on the consumer to the extent that it would—
(a)exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
(b)make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c)allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy

**Any members on here who use that forum or others where this has cropped up, please feel free to quote me on this and copy and paste** LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Oh and let's not forget the crap that JLR dealers could land themselves in with trading standards for breaching the Consumer Protection from Unfair Trading Regulations 2008:

Aggressive commercial practices

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—
(a)it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.
(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—
(a)its timing, location, nature or persistence;
(b)the use of threatening or abusive language or behaviour;
(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;
(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and
(e)any threat to take any action which cannot legally be taken.
(3) In this regulation—
(a)“coercion” includes the use of physical force; and
(b)“undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision

Penalty for offences

13. A person guilty of an offence under regulation 8, 9, 10, 11 or 12 shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

j77 wrote:

I don't believe the forum member on D5 has had to sign one.

No he never would either  MY14 Kahn Converted Dynamic - Fuji White Ebony/Pimento Interior
MY15 Xenon Headlight Conversion

MY17 RRS SVR - Estoril Blue Cirrus/Ebony 🪣💺’s

Great answer doc. Since you're happy for me to repost, I'll do so (via a link to this page). Ex AA Series III LWB Safari - Gone
300TDi Disco (bought new - terrible car) sent back after 18 months
Freelander 1 Estate - leased, given back at end of lease
200TDi Disco (bought from a mate with 100,000 on the clock) - Gone
Disco 2 TD5 - sold and exported to France
FR2 TD4 GS - Gone
FR2 SD4 HSE - Now changed for a DS
New model ex-demo Evoque S 180 in white
Unable to order a new DS, so gave up. Now have a Volvo S90 Recharge.

If the other forum members know for certain which dealer has imposed such a gagging order, I'd recommend an anonymous tip off to the local trading standards  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Looking through the posts on the other forum, maybe a good tactic for Mrrena31 would be to play dumb with the dealer and ask to see their proposed order in writing. If it says something along the lines of I agree to this order in order to obtain a refund/replacement etc, then you have got them well and truly and a copy can be sent to trading standards.

I am actually quite curious now as to how they implement the gagging order. I suspect they would do it in such a way as to not show a connection between the refund/replacement and the order. So if you were to claim they had demanded you agree to their order so you could get your refund/replacement, they would just say prove it then! Our order is purely a voluntary one that you agreed to.

See what I mean? Ensure you get something in writing to show the link and you have peace of mind and great evidence  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Comments copied across Doc. I've suggested that if people are interested they keep an eye on or join this forum.
Obviously with the DS on sale new (and with some of them apparently a bit dodgy), there are more prospective rejections on that forum than on this one. Ex AA Series III LWB Safari - Gone
300TDi Disco (bought new - terrible car) sent back after 18 months
Freelander 1 Estate - leased, given back at end of lease
200TDi Disco (bought from a mate with 100,000 on the clock) - Gone
Disco 2 TD5 - sold and exported to France
FR2 TD4 GS - Gone
FR2 SD4 HSE - Now changed for a DS
New model ex-demo Evoque S 180 in white
Unable to order a new DS, so gave up. Now have a Volvo S90 Recharge.

What is the common faults with the DS causing them to be rejected??

Freelander 2 can't recall of any being rejected after being purchased new.

Still beggars believe that Land Rover killed off the most reliable LR ever made.

"most reliable LR ever made" is JLR own words. MY14 Kahn Converted Dynamic - Fuji White Ebony/Pimento Interior
MY15 Xenon Headlight Conversion

MY17 RRS SVR - Estoril Blue Cirrus/Ebony 🪣💺’s

Most common seems to be a ticking noise from the B pillar. If you have a look at the other forum you'll find some clues. In fact I think it's a small number of people making a lot of noise, plus the fact that it is quite an expensive car and people coming from other makes expect perfection. I think most of us are pretty happy with the car though - it's a lovely car (my only gripes: the stupid lack of a spare wheel and the fact that it's a bit down on power compared with my SD4). Ex AA Series III LWB Safari - Gone
300TDi Disco (bought new - terrible car) sent back after 18 months
Freelander 1 Estate - leased, given back at end of lease
200TDi Disco (bought from a mate with 100,000 on the clock) - Gone
Disco 2 TD5 - sold and exported to France
FR2 TD4 GS - Gone
FR2 SD4 HSE - Now changed for a DS
New model ex-demo Evoque S 180 in white
Unable to order a new DS, so gave up. Now have a Volvo S90 Recharge.

Can't fault "The Highlander's" thinking on the other forum re getting more opinions from solicitors or citizens advice. Always worth taking on board different views because even if the overall opinion is the same, there will probably be different views on how best to approach matters.

I have helped members on here and other forums where I can. Some really good outcomes and I don't mind giving up a bit of time to help the underdog, especially if it saves them a shed load of cash on legal advice fees. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Last edited by The Doctor on 18th Jun 2017 9:03 am. Edited 1 time in total

For anyone on the other forum looking for advice from a solicitor or citizens advice in addition to my pointers on here, I used these several years ago and received preliminary advice which was enough and I didn't need to pay for further services.

https://www.slatergordon.co.uk/consumer-law/

I'd love to see a copy of their documentation. If it applies solely in relation to goodwill payments then it may be different but it is most certainly not acceptable if they are indeed trying to restrict the legal entitlement to a refund/replacement under the 2015 Act. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey