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Fri 11 Apr 2014 12:44

Jaguar XF 2009 - Jaguar Nightmare - rabbitsaddle

i recently stopped my car after seeing smoke billowing out of the back.

rang my local Jag dealer, had the car taken in, said it was an oil seal,mixing the diesel with the engine oil that had also soaked the catalytic converters, and sprayed all over the engine.

the work was carried out at an eye watering cost of £2,600. I had the car returned to me, after a week my wife could hear what seemed like a rattle coming from the engine, she also said it sounded a lot more noisy than before it had the work done.

I rang Jaguar again and asked was it safe to drive the car to them or would they need to pick it up, they said no problem to drive.

Received a phone call the next day he said "are you sitting down?" your car needs a new engine £6000, something wrong in cylinder 6.

i went in to see the service manager to say the car was fine before it went in the first time apart from the seal, they deny cusing any other problems, but then had the cheek to say, go onto the forecourt and choose a car and we will give you something for yours against it!!

I paid £15,000 for the car and now if i were to add the £2,600 and the £6,000 I am well out of pocket.

what i need to know is where do i go frome here, who takes responsibility?

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Fri 11 Apr 2014 13:17

Jaguar XF 2009 - Jaguar Nightmare - RobJP

You've already posted the problem in the Technical area, I'll quote what my view on it was ...

..........

Your best bet (but by no means guaranteed) would be to try to get the place you bought the car from to take at least some of the cost on board. As you can show that the car developed a major fault within 6 months of purchase, then they are very likely to be held liable if you did go down that route in the small claims court.

The matter is complicated by the fact that you didn't go back to them, but to a Jag main agent when the fault occurred, though.

One last point : do bear in mind that a Jag main agent is not interested in anything but fitting new parts - whether that be an engine, gearbox, mirror housing, etc. They don't want to fix, but replace. Another (independent) garage might have a much cheaper solution.

.......

I'll modify that viewpoint a little bit. The original garage MIGHT be held liable if you went to small claims court. (rather than very likely).

Thing is though, you've stated in the other post that you'd had the car for a few months. Did you ever check the oil level in that time ? (I'm assuming not, as the fault was diagnosed as being caused by high oil level).

Did you take out a warranty when you bought the car ? I'm assuming not, as they would (or should) have been your first point of call.

At the end of the day, you are responsible for checking oil and other fluid levels on your car. If you have not done so for a few months, then the garage has at least a partial get-out-of-jail-free card. You might be able to get them to accept some responsibility, but they might not without going to court. Fortunately for you, your claim would be under the limit in the small claims court, so your legal expenses won't be through the roof.

Edited by RobJP on 11/04/2014 at 13:18

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Fri 11 Apr 2014 17:50

Jaguar XF 2009 - Jaguar Nightmare - pd

I would have though that if you tried to claim off the selling garage they could simply argue that (a) you should have taken it to them beforehand and/or (b) the engine damage is a consequence of either the other garage's misdiagnosis or workmanship or your negligance at checking the oil

Also bear in mind Small Claims court charges are doubling at the end of this month and even the simplest cases are taking 7-8 months before a 1st hearing so you'll need to be (a) sure you've got a good case and (b) very patient.

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Fri 11 Apr 2014 18:41

Jaguar XF 2009 - Jaguar Nightmare - tony g

( I would have though that if you tried to claim off the selling garage they could simply argue that (a) you should have taken it to them beforehand. )

It's not that simple ,I remember a case that was discussed on the forum a couple of years ago .

The case involved a land rover discovery that had been purchased used from a used car dealer .The gearbox failed on the car about 6 months after purchase .

The buyer had the gearbox replaced without contacting the selling dealer ,but sent the dealer the bill . The dealer refused to pay but lost his case in the SCC

.The judge ruled that it was unrealistic to expect a private buyer to know that it was unreasonable to have a car repaired and expect the dealer to pay ,without first contacting the dealer .!!

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Fri 11 Apr 2014 18:59

Jaguar XF 2009 - Jaguar Nightmare - RobJP

I recall that case too. However, as it was in the SCC, it does not form 'case law' and as such does not set a precedent. It should only be viewed as a one-off.

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Fri 11 Apr 2014 19:42

Jaguar XF 2009 - Jaguar Nightmare - pd

It isn't clear if that Land Rover case ever actually happened or if it happened quite the way stated.

Some places (including here) picked up on it but turned out the original press release was written by a company which sold legal advice and pro-forma terms and conditions to car dealers.

No one has ever found the exact case of where it happened and the detail behind it so I'd take it with a pinch of salt.

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Fri 11 Apr 2014 20:46

Jaguar XF 2009 - Jaguar Nightmare - nortones2

As PD states. Cases in the lower courts are not reported. As in the law reports such as All England Law Reports, where there are standards which apply. Therefore the finer details are not known.

Edited by nortones2 on 11/04/2014 at 20:47

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