Rover 75 (1999 - 2005) - Legal advice please

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Sun 8 Mar 2009 22:08
Legal advice please - Lizzie
Please can someone help.

Early in February my son purchased a second hand Rover 75 from a used car dealership. It is an 03 reg and looked in excellent condition with only 56k on the clock.

After just 6 days the cylinder head went and it was returned via the AA to another garage as requested for repair. After a week he went to collect the car from a tyre bay about 5 miles away from the original garage as we had also noticed that the two back tyres were almost illegal.

Yesterday the AA were called out again to the vehicle and it seems the head gasket has gone yet again! Car is now back at the original garage and we have told them that as of today we wish to reject the vehicle under the Sale of Goods Act. The proprietor has refused our request for monies to be refunded in full saying he does not give refunds.

What are our rights please?

Edited by PoloGirl on 10/03/2009 at 10:51

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Sun 8 Mar 2009 22:46
Leagal Advice PLEASE!! - jbif
I don't think anyone will give out legal advice here.
Personal opinions maybe Yes, but legal advice - No.

Anyhow, read HJ's FAQ no. 5 [see FAQ tab at the top], and follow the suggestions given by HJ and/or contact the solicitors listed there for legal advice.

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Mon 9 Mar 2009 09:14
Leagal Advice PLEASE!! - Mr X
I would have thought there was nobody left on the planet who didn't know about the Rover 75's headgasket problem ( 1.8 K series as fitted to the Freelander and cursed with the same problem ).
They can be repaired with out further problems so long as a upgraded headgasket kit is used.
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Mon 9 Mar 2009 22:12
Leagal Advice PLEASE!! - Blue {P}
I think the problem that you have now is that the engine has been repaired by a different garage. If I were the supplying dealer I would say that you should have come to me first and now that you've had a bad repair done elsewhere it's not my problem.

I'm not saying that you've actually had a bad repair done (although the evidence suggests it probably wasn't done correctly or else it wouldn't have gone again!) but you can see what the trader will say?

I don't know what the legal position is in a case like this but my guess is that your position is substantially weaker since having had the car repaired yourselves.

Good luck getting it sorted and please let us know how it turns out!

Edited by Blue {P} on 09/03/2009 at 22:13

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Tue 10 Mar 2009 07:31
Leagal Advice PLEASE!! - Collos25
"They can be repaired with out further problems so long as a upgraded headgasket kit is used. "
There is a little more to it than that ie modded O rings,head bolts ,water pump etc.Once done correctly they will never go again.In Germany the Land Rover /Rover recomendation is that the head is planed also.
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Tue 10 Mar 2009 07:48
Leagal Advice PLEASE!! - jc2
When Ford owned LR they did a lot of work on this engine,coming up with both a revised gasket and cooling system in an effort to improve reliability.
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Tue 10 Mar 2009 08:42
Leagal Advice PLEASE!! - L'escargot
Google for "sale of goods act". Here are three links for a start. There are lots more to choose from.

www.berr.gov.uk/whatwedo/consumers/fact-sheets/pag...l
www.opsi.gov.uk/acts/acts1994/Ukpga_19940035_en_1....m
tinyurl.com/ba2or8
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Tue 10 Mar 2009 09:15
Leagal Advice PLEASE!! - pd
I think rejection will be impossible under law unless you can come to an agreement.

If a headgasked has been fixed then it is reasonable to expect it to last longer than what sounds like a few days so either it has not been done properly or there is something else causing it to go.

Take it back to whoever did the repair, whether it was the supplying dealer or a 3rd party, and insist it is done again.
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Tue 10 Mar 2009 12:32
Leagal Advice PLEASE!! - davidh
I thought that the K series had plastic dowels to locate the head to the block that allowed the head to "walk around" a little on the block. I'm sure I read somewhere that these need to be replaced with metal ones.
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Tue 10 Mar 2009 12:49
Leagal Advice PLEASE!! - yorkiebar
What these cars need (especaiily until you know them well) is very regular maintenance of the cooling system. Its basically too small and any leak causes problems quickly if not acted upon immediately.

Head gasket is the result (but there are usually prior signs).

Sounds like the dealer sold a bit of a dodgy motor; but proving it? But you missed worn tyres too on your inspection? Possibly you can blame him for that too, but equally its something easy to check?

Having had it repaired, muddies the issue. The actual claim, as I see it, is against the repair, not the seller.

So if the seller wants to dig his heels in it will be a fight.

Seek advice, but I dont see an easy win for you!

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Tue 10 Mar 2009 21:45
Leagal Advice PLEASE!! - injection doc
David h is right they have plastic dowls which wear due to vibration & errosion. They MUST be replaced with a moddified gasket & bolts & a head skin & water pump & vacum bled to ensure no airlocks & as Andy says they never go again unless the water level is allowed to drop.
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Tue 10 Mar 2009 23:38
Legal advice please - Boss Hog
No I think everyone may be missing the poit here.

When poster says other garage as requested she is saying that the seller asked them to take it to another garage that the seller may use for repair.

They did this and it broke down again some days later. Whats more than likely is that it was not repaired correctly just botched up because the seller doesn't want to pay if they can avoid it and so no adequate repair.

It's important for the buyer to find out who paid the bill and what was done to fix the problem. I suspect the repairer will not have a prpper invoice and since the buyer did not pay them for the repair they cannot insist it's fixed again.

I would think that they have to go back to where they bought and insist its fixed or a refund given. I would inform trading standards and take them to Small claims court if they refuse to do either.

Also I would have an independent garage assess the vehicle as evidence.

I think the backroomers have been little harsh on poster, you guys might know about the 1.8 head problem but the most of general public don't.
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Tue 10 Mar 2009 23:44
Legal advice please - Niallster
For he and indeed anyone who has bought a Rover 75 I suggest a psychiatrist.

Seriously LAWYER NOW. Reject the car and demand full refund. Likely the dealer will after initial huffing and puffing fold like wet cardboard.

Everyone knows these cars are poison.
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Tue 10 Mar 2009 23:58
Legal advice please - Blue {P}
Everyone knows these cars are poison.


What a load of rubbish. They have one particularly dodgy engine (the 1.8) but the rest of them are very sound cars designed under BMW's influence. However, opinions like that do keep them nice and cheap for anyone who wants one. I'd happily have a ZT version with the BMW diesel engine fitted.

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Wed 11 Mar 2009 10:24
Legal advice please - R75
>> Everyone knows these cars are poison.
What a load of rubbish. They have one particularly dodgy engine (the 1.8) but the
rest of them are very sound cars designed under BMW's influence. However opinions like that
do keep them nice and cheap for anyone who wants one. I'd happily have a
ZT version with the BMW diesel engine fitted.


I know where there is one going for £2800 with 148k on the clock - now if this had been a BMW it would be twice the price!!!!! Bargain motoring.
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