Business Contract Hire agreement – faulty Land Rover

[Ian]

Dear Stuart

I took delivery of a Land Rover Discovery Sport in September 2016 on a business contract hire agreement for 36 months.

In April 2017 the car developed a fault with the gearbox which after 2 attempts the dealer said was caused by a faulty wiring on a sensor. The car has been back to the dealer on a further 6 separate occasions with the same fault since April 2017 for varying periods of time ranging from a few days to 2 weeks, currently the dealer has had the car for 5 weeks and they have just advised me that the 2 different repairs they carried out last week have not resolved the problem.

Whilst being repaired I have had all manner of loan cars but have got absolutely frustrated and disillusioned with Land Rovers ability to ever repair the car satisfactorily. I have tried to negotiate with the broker and also the funder to get them to reject the car but they say that Land Rover have to have the opportunity to resolve the problem……I think they have had ample opportunity but do I have to continue to just deal with the broker and funder or can I take my complaint directly to Land Rover for a resolution and do you believe I am justified in requesting a cancellation of the contract?

Kind regards

Ian

[Stuart Masson]

Hi Ian. There’s a reason Land Rover is infamous for unreliability…

Business use vehicles are not covered by the Consumer Rights Act, so the rights of the dealer to have the opportunity to resolve the problem are irrelevant.

You’ve had the car a year now, so rejecting it will be difficult even though you have had ongoing problems with it. You can become the most annoying person in the world, spending all day chasing the dealer, the finance company, the manufacturer, Trading Standards, consumer affairs programmes, and bash out email after email until they eventually give in – or get a lawyer. Playing nicely is not likely to help you now.

[Author]

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