I think that you will find that dealerships are franchised private limited company's. Whilst JLR have an interest in the levels of service that these approved franchised operations provide, they cannot order them to do anything in regards to running their business as they see fit, unless it breaches the franchise agreement and brings their name into disrepute. Foraging near Gaydon....
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MY13 HSE Lux SD4, Baltic Blue - current, 30,000> miles without fault
MY12 HSE 2.2 SD4, Sumatra Black - gone after 10 months/43,000 fault-free miles

I'll leave it to the Doc to do the legal stuff, but it's not that simple. And if you go after LR when the liability lies with the dealer you're guaranteed to fail! I think you should look into this a bit more before doing anything involving the courts, etc, as legally LR and the dealer are not the same, and you may well be targeting the wrong one.

I see what you are saying, I have some news land rover are going to help pay for the new diff which is a good result however I will have to contribute 50% which is still a lot of money, mike has been very helpful and I can't fault him on service! When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

I think that's a good result on the LR front - well done Mike and Land Rover.

Now, if you can get the dealer to stump up the other half...

Certainly a prima facie case for satisfactory quality and safety here (not suggesting you are going down that road - I'm just mulling it over to satisfy my curiosity). The part that the dealer fitted, rendered the car unsafe and so was of unsatisfactory quality. Although the one fitted from new went bang first of course!

The other argument is that they were negligent by fitting it incorrectly but that is a can of worms that is much harder to prove and isn't suitable for small claims court. That is all about duty of care, duty breached and breach caused a loss. Sounds simple enough but it rarely is.

SOGA 1979 is all about the buyer and the seller. The buyer is you and the seller is the dealership. LR didn't sell you the car so you bring the action against the dealer. Another good card, should it be needed, is S.6 of the Unfair Contract Terms Act 1977 which, in simple terms, states that a seller cannot exclude or restrict the provisions of SOGA by putting it into smallprint. If they do and you sign to agree, it is meaningless.

Although you can represent yourself at the small claims court, given the seriousness here, I would recommend at least one visit to a solicitor who specialises in consumer law (many do free consultations now). My lecturer was once a criminal barrister but in recent years of lecturing, he obtained a masters degree in commercial and consumer law. Great teacher  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Ok here's the update mike at land helped with the cost of the new diff however I still had to pay 50% which was 611 pounds anyway mike did all he could so I was grateful. Drove the car down to London couple of days ago and noticed with I was turning at a junction it felt like the rear back wheel on the passenger side was locking up. Anyway today started the car up and it read out a fault"transmission fault' traction reduced:( when will this end arghhhhh!!! When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

this guy in the USA is having the same diff problem with his 2008 HSE :
http://landroverforums.com/forum/lr2-35/lr...les-61943/
he talks about his diff being replaced by a new design one (he has photos as well)

maybe its worth looking at ?

Hello. This is my first post here on this forum. I hava a Freelander 2 2009 TD4 manual gearbox. I have owned this LR since May and have already changed the differential pressure sensor (DPF), fixed the parking brake and now my rear diff is leaking oil. I will contact my local garage tomorrow. It sonds that this can be an expensive journey. You have to have lots of cash apparently when owing a Land Rover.

Forgot to say that I have no big noice from the rear. It sounds ok. Shall I ask the garage to check the ventilation tubes and valves?

Hi all hope everyone is keeping safe in these trying times, what was the final out come of this thread ? was it restarted in another thread, i know it's 7 years on just wondering if there were lots more rear diff lock ups.

Arctic wrote:

Hi all hope everyone is keeping safe in these trying times, what was the final out come of this thread ? was it restarted in another thread, i know it's 7 years on just wondering if there were lots more rear diff lock ups.

Mine Arctic!! This weekend, well it actually first caused an issue last week, but I, being nieve though it was the parking brake grabbing on.
However yesterday it repeated itself, leaving me to control a skidded vehicle.

I got off the road, then spent over 3 hours waiting for recovery.

The diff won't rotate, although the planet gears are, so when the vehicle tries to move, one wheel goes forward, while the other goes backwards.

Not great, when you're driving down the road. Hyundai Ioniq 5 Ultimate. The family car.
2009 Rimini Red SE TD4. Gone.
2006 Tonga Green i6 HSE. Gone.
Audi A5 convertible, my daily driver.
1972 Hillman Avenger GT, the project.