Land Rover Aus loses in court





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  1. #1
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    Default Land Rover Aus loses in court

    Not sure if this has been posted. Aussie case.

    Article speaks for itself and makes for interesting reading. Found it in another forum where the guys were moaning about cracked pistons on Prado 150s. Suppose all manufactures can learn from this.

    https://m.facebook.com/consumerlawsa...22622744527041

    https://www.dailytelegraph.com.au/mo...042b3c3784dea1
    Last edited by Reece; 2019/07/01 at 08:00 AM.

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  3. #2
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    Default Re: Land Rover Aus loses in court

    Seems like one needs to subscribe to the Daily Telegraph in order to read the article...?
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by HugoNotte View Post
    Seems like one needs to subscribe to the Daily Telegraph in order to read the article...?
    yes, so we don't what this is about, may as well delete the thread
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by jelo View Post
    yes, so we don't what this is about, may as well delete the thread
    Jeez dude, just click a bit.

    Two links, one via facebook for none subscribers and the DT one.


    This couple’s successful battle for justice over their dud car is changing the way automakers treat customers.

    Jaguar Land Rover Australia (JLRA) has not only had to refund Sally and James Morphy the $280,000 they paid for the top of the line Range Rover Autobiography, it has been made to cover the Geelong couple’s legal expenses of $140,000 following a lengthy consumer tribunal battle.
    JLRA has also been forced to pay the dealer’s litigation costs of $150,000.
    Then there’s the estimated $100,000 outlaid for its own failed defence.
    All up that’s a $670,000 bill for this lemon, which an expert’s report said risked “sudden and catastrophic engine failure” because 10 litres of coolant had leaked into the oil.


    James and Sally Morphy of Barrabool in Victoria with the 2016 Range Rover they purchased for $260,000 and which has had serious mechanical problems. Picture: Andrew HenshawThe Victorian Civil and Administrative Tribunal (VCAT) found the vehicle unfit for even the most basic functions, let alone towing a horse float, which was what it was bought for.
    The Geelong couple’s case is now being used by other car manufacturers as an example of how not to treat owners.
    It recently featured in a presentation to 800 Volkswagen executives and dealers at a “customer experience” conference in Brisbane.
    VW marketing director Jason Bradshaw said the case was “cited to reinforce the importance of getting it right (because) there are real examples of dealerships and brands getting it wrong.”
    Consumer law expert Gene Schirripa of Snedden Hall & Gallop in Canberra said car companies could not afford to ignore the ruling.
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    The Morphy case referenced at the Volkswagen Customer Experience conference in Brisbane in February 2019. Picture: Supplied“Because this was such a landmark decision in terms of the Australian Consumer Law as it applies to motor vehicles and because JLRA is a major player I think you will see behavioural shift in terms of the other manufacturers,” Mr Schirripa said.
    The firm Mills Oakley, which represented the dealer in the Morphy case, has since been contacted by at least three consumers alleging “major failures” and seeking to rely on the ruling to receive a full refund from the manufacturer, not the dealership.
    “If this pattern reflects a broader trend, it certainly suggests that manufacturers may be more likely to engage with consumers who make the allegation of ‘major failure’ with their vehicles so as to avoid the risk that the vehicle can be rejected and then the manufacturer being held liable for the costs of a replacement vehicle and legal costs,” said partner James Tobin.
    In October last year VCAT member Blair Ussher found that “repetitive and undiagnosed failures made the car unreliable … and the prospect of the defect leading to a sudden and catastrophic engine failure rendered the motor car unfit for its basic purpose”.

    James and Sally Morphy are calling for a strengthening of the consumer protection law. Picture: Andrew HenshawThen in a separate costs ruling in January this year he again ruled for the couple, mainly because in the original case they had “won entirely” and JLRA had “lost entirely”.
    “I consider that this disparity is sufficient to support a costs award in (the Morphys’) favour,” Mr Ussher said.
    In a rewrite of history, a JLRA spokesman said it had provided the refund “without challenge”, demonstrating the company’s “desire to comply at all times with Australian consumer law and operate at the highest standards morally and ethically”.
    Following a 2017 investigation, the Australian Competition and Consumer Commission (ACCC) described the new car retailing industry’s attitude to its obligations under consumer law as “deeply concerning”.
    The Morphys are now driving a Porsche Cayenne.
    LAND ROVER OWNER: ‘I’M NOT SIGNING A GAG ORDER’

    A Land Rover owner has refused to sign a “gag order” the automaker attempted to impose after it finally agreed to a $70,000 refund.
    The ACCC has repeatedly said nondisclosure agreements are not on, but that hasn’t stopped recalcitrants within the industry from trying to silence unhappy customers such as Dee Caldicott.
    The engine of his Discovery Sport had to be removed after doing just 18,000km.
    An expert’s report found “very high” amounts of metal in the oil, indicating “severe” engine wear.
    Despite requesting a no-cost replacement or full refund, at one point the Mackay man faced having to fork out $30,000 towards another vehicle.
    He refused and eventually won a full refund from Jaguar Land Rover Australia (JLRA) after mediation at the NSW Civil and Administrative Tribunal.
    “Then they tried to impose a gag order,” Mr Caldicott said.
    “I said ‘I’m not doing it’.

    The lemon Land Rover Discovery Sport owned by Dee Caldicott of Mackay. Picture: Supplied“I told them I’d take them to the District Court if they didn’t pay on time.”
    Payment was made two hours before the deadline.
    A JLRA spokesman said it couldn’t be “drawn to comment on the specifics … other than to say a refund is at times accompanied with an agreement that slanderous and defamatory commentary cease now that an amicable agreement has been reached. This is not a gag order.”
    During mediation Mr Caldicott presented a document he had found on an internet forum that purported to be a memo by a top executive of the parent company Jaguar Land Rover about a “balancer shaft whine” affecting hundreds of thousands of vehicles and requiring “remedial action with the least amount of delay”.
    The JLRA spokesman confirmed the authenticity of the memo but said it referred to a “customer comfort improvement on a limited number of vehicles.
    “There are no consequences should the improved parts not be installed other than the possibility that a customer may perceive a whining sound from the engine under particular loads and conditions,” the spokesman said.
    “There have been no product failures reported in conjunction with the replacement or recommended replacement of this part.”
    Last edited by Reece; 2019/07/01 at 12:58 PM.

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  7. #5
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    Default Re: Land Rover Aus loses in court

    This is really annoying and totally indefensible.

    LR really need a shakeup in their quality department starting in the design and engineering areas

    Good job LR doesnt produce aircraft.
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Estee View Post
    This is really annoying and totally indefensible.

    LR really need a shakeup in their quality department starting in the design and engineering areas

    Good job LR doesnt produce aircraft.
    tick tock, tick tock..........just waiting for the usual apologists to emerge
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    Default Re: Land Rover Aus loses in court

    A JLRA spokesman said it couldn’t be “drawn to comment on the specifics … other than to say a refund is at times accompanied with an agreement that slanderous and defamatory commentary cease now that an amicable agreement has been reached. This is not a gag order.”

    Uhum.........yes, it is. Theres nothing "slanderous and dafamatory" here - just Truths.
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    Default Re: Land Rover Aus loses in court

    I LOVE LR but would never want to fly one.....
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Disco-Deon View Post
    I LOVE LR but would never want to fly one.....
    maybe some of the LR engineers moved to Boeing?
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by jelo View Post
    maybe some of the LR engineers moved to Boeing?
    And started writing code...

    https://www.bloomberg.com/news/artic...hour-engineers
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by SpiderGear View Post
    well, where is the Tata head office?
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by SpiderGear View Post
    If you think its expensive to hire a professional, try hiring an amateur...
    Every dog has its day, and those with broken tails have their weak-ends...

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    Default Re: Land Rover Aus loses in court

    Yes, but all car brands sometimes have lemons.

    I once had a new MB C280 for three months, complete lemon, but MB bought it back from me for more than I paid for it because there had been an interim general price increase for all manufacturers. I walked out and bought a BMW 330D which I still have to this day.

    I didn't kick up a fuss about it, because MB had treated me fairly. Although I will never buy a MB again.

    The problem in the Australian cases is not so much that something went wrong with the vehicles, but rather the way that the owners were treated.

    If the owners had been sorted efficiently, there would have been no bad publicity.

    And that is what VW Australia are trying to convey to their dealers.
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Jola View Post
    Yes, but all car brands sometimes have lemons.
    Perhaps, one can understand getting a lemon in your bag of oranges, but this is a truck full of lemons sold as oranges
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Estee View Post
    Perhaps, one can understand getting a lemon in your bag of oranges, but this is a truck full of lemons sold as oranges
    Two ?

    I have quoted an example of one MB lemon, I am sure that someone can come up with another.

    Same with the other brands.

    The issue is how the dealers resolve the problems.
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Jola View Post
    Two ?

    I have quoted an example of one MB lemon, I am sure that someone can come up with another.

    Same with the other brands.

    The issue is how the dealers resolve the problems.
    I had an Audi and BMW lemon, both were locally built at the time, but yes it happens.

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    Default Re: Land Rover Aus loses in court

    Quality and reliability issues have also hit JLR hard in China
    "Do not try to win over the idiots - you are not the Jerk Whisperer.."

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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by Jola View Post
    Two ?

    I have quoted an example of one MB lemon, I am sure that someone can come up with another.

    Same with the other brands.

    The issue is how the dealers resolve the problems.
    Not arguing the number of lemons that turn up across the board, but LR seem to have more than others and the dealer/manufacturer appear to be less than sympathetic. I have attached a couple of MSG 3 Maintenance Decision Trees, a number of these paths end in Redesign in the full decision trees.

    There can be only two issues here; 1) LR dont use this type of tool or; 2) they do but sweep the result under the table, possibly for economic reasons, which the owner will carry so why bother.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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    Last edited by Estee; 2019/07/02 at 12:24 PM.
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    Default Re: Land Rover Aus loses in court

    Quote Originally Posted by jelo View Post
    tick tock, tick tock..........just waiting for the usual apologists to emerge
    why? because the usual foe(s) has(have) already emerged?

    As already said, this was an exercise in dealing with customers correctly, nothing to do with the product failing as that happens to many other items.
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    Default Re: Land Rover Aus loses in court

    Everything coming from JLR is not all bad.

    Recently a friend with a RRS 4.4TDv8's car developed a water leak in the EGR system.He was not aware of the problem but the dealer picked it up on the 40000km service.JLR decided to replaced the complete engine with a new unit!!

    The dealer thought they could just replace the offending part but JLR insisted that the engine be replaced!!January 2019

    The other side of the coin
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