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pab



Member Since: 28 Aug 2012
Location: Now in Mid-Wales
Posts: 2007

United Kingdom 2009 Freelander 2 TD4 XS Manual Lago Grey

If out of warranty you're probably better taking it to a transmission specialist. They'll strip it down and re-build and, so long as it's not too badly damaged, the cost should be a lot lower than a replacement. They're also more likely to know what they're doing, being specialists.

Main dealers tend to replace rather than repair, and their mechanics are not necessarily skilled in jobs like re-building diffs.

Post #203507 17th Oct 2013 5:39 pm
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oldgeezer



Member Since: 09 Apr 2011
Location: Wiltshire
Posts: 1302

United Kingdom 2013 Freelander 2 TD4 GS Manual Baltic Blue

Chris
I feel for you buddy, not good at all. Have you contacted VOSA ? there are 3 known complete lock up failures just on this site !

I had trouble for 4 years with my Diff and it wasn't addressed when it was in or out of warranty !
If I did 470 miles without stopping it would suddenly start howling something chronic ! so loud the kids in the rear couldn't hear you speak in the front and you could play a tune on it with the throttle !
Strange thing was it was always 470 miles and then it would start so touring Europe was always a risk. Jaguar x-type sport gone
Jaguar x-type 2.2d sport one of my best cars ever sadly gone
Freelander 2 GS auto 2008 most unreliable ever ! gladly gone
Freelander 2 GS manual 2013 only time will tell !

Post #203515 17th Oct 2013 6:13 pm
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chrisdeeming



Member Since: 29 Dec 2011
Location: Sutton Coldfield
Posts: 828

2007 Freelander 2 TD4 SE Manual Santorini Black

That's a point I will talk to mike in the morning and see if he thinks I should contact vosa as it could of easily caused a fatal accident. Hopefully someone will take responsibility however 3 known cases hopefully the number won't rise. I now feel a duty of care to you my fellow forum members to escalate this matter as I don't want to see any of you get hurt or injured. When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

Post #203539 17th Oct 2013 8:27 pm
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npinks



Member Since: 28 Jun 2007
Location: Ls25
Posts: 20090

United Kingdom 

Don't think vosa would be interested, they weren't with the D3 EPC failures which locked wheels up iiirc Former Mod/Member, with the most post & Chicken George Arch nemesis

Post #203540 17th Oct 2013 8:32 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

I'm happy to provide initial legal thoughts if needed. Small claims can be done on your own (low cost) or you can instruct a solicitor.

I might not have all the answers but what I do have, are a very particular set of skills. Skills I have acquired over the course of my law degree. Skills that make me a nightmare for useless dealers Laughing Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #203546 17th Oct 2013 8:54 pm
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SakoQuad



Member Since: 15 Jun 2013
Location: Gloucester
Posts: 314

United Kingdom 2010 Freelander 2 TD4 XS Auto Santorini Black

I remember another forum user starting a Small Claims action which if memory is correct was against LR. The point of the claim being that because of some catastrophic failure it was evident that the car was not fit for purpose. All went well with LR not responding to any of the papers and a positive judgement being given. Then LR woke up to the threat at which point the Court ruling appeared to be withdrawn barristers, threats of full costs being sought etc were wheeled out and the prospect of losing his home gave the plaintiff cause to re-consider pursuing what most might say seemed a bullet proof case.

It is natural to think that the obvious shocking facts of the case will make a solid, winning legal argument but beware, justice, common decency and fairness are not the same as "the law". Negotiating with LR might be more productive than taking them on in a legal battle unless you have bottomless pockets, David and Goliath is not a good model to emulate!

Post #203551 17th Oct 2013 9:09 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

That post doesn't make much sense at all (no offence personally by the way - it just doesn't to me)

The argument would be satisfactory quality/durability/safety and in the small claims court, you just pay the costs of filing the claim and you represent yourself unless you want to pay a solicitor. If you lose, you don't pay any other costs. If you win, the defendant company has to pay your costs as well as being forced to repair/replace/refund.

The defendant company must pay big lawyers fees too, so most (the 'mighty' currys being an example) crumble out of court. Also, it is very rare to see a judgment in the small claims court go to appeal. Only if there has been an error on a point of law would there be grounds to appeal in my opinion. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #203553 17th Oct 2013 9:29 pm
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EYorkshire



Member Since: 18 Nov 2010
Location: (!)
Posts: 4392

I remember that thread
http://www.freel2.com/forum/topic8909.html

Post #203563 17th Oct 2013 10:00 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

The mistake there was to drag LR into it as the contract is between the dealer itself and the consumer and as such, the dealer is responsible under SOGA.

As I posted above, in the small claims court, your costs cease after filing the claim (those costs vary but are predominately low). Even if you lost and the dealer or whoever laughed in your face, you don't pay their costs. Also, never rely on telephone conversations because they conveniently never happened. Use recorded post or emails and save every one. Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #203564 17th Oct 2013 10:15 pm
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SakoQuad



Member Since: 15 Jun 2013
Location: Gloucester
Posts: 314

United Kingdom 2010 Freelander 2 TD4 XS Auto Santorini Black

Doc I know what you mean. For what it's worth I have succesfully used County Court myself to obtain redress over some expensive furniture. It took to the point of a court date being set before the company caved but it did and I received full compensation, costs etc.

Had the company gone to court and defended and won I would have have lost £500 approx in court fees that I had to pay out at several stages of the process and had I employed an expert to support my case those costs would have been mine as well, as I remember it anyway.

It seems you are correct about flaws in process in the case I was talking about, see page 7 of the link provided by EYorkshire.

I still reckon though that negotiation is more likely to get a result. County Court is not free, on top of fees in this sort of case there would be the certainty of the cost of employing an expert to give evidence in support of the argument and it seems to me that this has to be balanced against any costs of getting the repair done.

LR has shown it will respond, as indeed it must, given the cost of losing a case like this because of the precedent that will be set so it wouldn't be an easy victory nor a cost free one unless the plaintiff won.

Post #203565 17th Oct 2013 10:27 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

Indeed and nice to hear you took on a retailer Thumbs Up

As our lecturer taught us: Failing to prepare is preparing to fail. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #203568 17th Oct 2013 10:36 pm
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chrisdeeming



Member Since: 29 Dec 2011
Location: Sutton Coldfield
Posts: 828

2007 Freelander 2 TD4 SE Manual Santorini Black

Thanks guys lets see what mike has to say, the way I see it is it's had complete lr service history all the work has been done by land rover and therefore in my opinion they should pay for their work that's gone wrong resulting in a catastrophic failure of a part which nearly made me crash at 70mph. When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

Post #203570 18th Oct 2013 3:06 am
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pab



Member Since: 28 Aug 2012
Location: Now in Mid-Wales
Posts: 2007

United Kingdom 2009 Freelander 2 TD4 XS Manual Lago Grey

I think you're confusing LR and the dealer. The work has been done by a dealer, not LR, and your relationship is with the dealer, not with LR itself. So whilst Mike/LR may be able to 'have a word' and help things along it's really the dealer you need to be looking to for repair/recompense. (See The Doc's comments above in the same vein.)

There seems to be a common thread in these catastrophic diff failures, and that's that previous repairs have been done to the diff. This suggests that the problem is with the quality of the previous repairs, not a fundamental flaw in the diffs, again putting the ball in the dealers court.

Post #203590 18th Oct 2013 9:29 am
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chrisdeeming



Member Since: 29 Dec 2011
Location: Sutton Coldfield
Posts: 828

2007 Freelander 2 TD4 SE Manual Santorini Black

I don't have anything to lose as I don't own anything but the car lol When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

Post #203594 18th Oct 2013 10:41 am
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chrisdeeming



Member Since: 29 Dec 2011
Location: Sutton Coldfield
Posts: 828

2007 Freelander 2 TD4 SE Manual Santorini Black

I understand what you are saying however the dealers are land rovers responsibility! They use the land rover name as they are one of the same. When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

Post #203616 18th Oct 2013 1:32 pm
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