My Range Rover is dead: How do I get a refund?

QUESTION

Hi John,

I currently own a Range Rover Velar 2019 300 HSE, my dream car which I worked really hard as a nurse to purchase. The car stopped working in May when I got in it to head to a shift at the hospital. It had approx 50,000km on it, under warranty and no explanation as to why it stopped working. The vehicle has been with Jaguar Land Rover Australia (JLR) for a period extending past 5 months.

I have lodged complaints with ACCC which directed me to lodge a complaint again in the dealership in Canberra as it is an ACT business; which I did. They then advised that I try through ACAT as they could do nothing about it as only the courts can decide. I spoke to a representative from ACAT who advised that due to the value of the car that I would have to get legal representation and lodge through the ACT Magistrates Court.

I have gone through all the right channels as a consumer that the ACCC advise and have hit a brick wall at each turn. I have formally requested multiple times that this vehicle be repurchased or replaced by JLR as it is deemed by me to be no longer fit for purpose. The faults remain unknown, and JLR has failed to disclose in writing the repairs undertaken to-date, any subsequent challenges to warranty, or any guarantees to the vehicle’s driveability/safety and the assurances that the same issues will not reoccur. The timeframes and lack of responses to my letters of demand have been either brushed off, ignored and or dismissed.

I have tried to engage with a few law firms in Canberra prior to Christmas, however with little success on advice or representation due to not being their area of expertise.

A friend told me about you and recommended I write to you as you live and breathe this stuff. Would love you to take a look at this debacle and give me some advice, do a story on it or even if you know of someone that could represent me legally.

Kind regards,

Tina

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ANSWER

Tina,

I don’t live and breathe this stuff, actually - I’m just a journalist/engineer who knows how Consumer Law works.

The PDF guide on this page is quite helpful: https://www.accc.gov.au/publications/motor-vehicle-sales-repairs-an-industry-guide-to-the-australian-consumer-law

It’s written for the car industry to help them comply.

It’s not the ACCC’s function to go to bat on behalf of individual consumers. That’s why you didn’t get much joy out of them.

It seems to me that you have a solid case for demanding a full refund from the retailer - subject to you not causing the problem, etc.

This is a complex subject. The details really matter. For this reason, you need a lawyer. A decent local lawyer should be fine. You don’t need a big firm for something like this, initially at least.

Unfortunately, Land Rover is one of the worst carmakers in terms of A) consumer law compliance, and B) how they treat customers. Google ‘Sally Morphy Range Rover’ for more detail on that.

Even more unfortunately, consumers typically have to bear their own costs in consumer courts. However, it may be that in the Magistrates Court, you might successfully lodge an application for legal costs. Ask your lawyer about that.

If you are without a car for an extended period, ask your lawyer about claiming the cost of a rental car in the interim.

Even more unfortunately, I’m not a magician. Land Rover are proper bastards, and you’re in for a fight. They really don’t care - about anything except what they can get away with.

Best of luck, but also get ready to fix bayonets and make sure you’ve got the ceramic plates in your vest.

Sincerely,

John Cadogan

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