Problems with my Gallardo and I need some advice
Discussion
I bought my first Lamborghini 3 weeks ago and I love the car. It's a March 2006 Gallardo, 1 previous owner and the car was originally supplied by Lamborghini London and had one service done by Lambo London too.
I knew when buying the car that it needed a service and was more than happy with that so I could have the car thoroughly checked....
I booked the car into Lambo Wycombe and they discovered that the car has 2 front right hand break discs on it!!!! So the left front has a right hand disc, therefore the car needed 2 new discs and new break pads as well. I checked with the previous owner and he has 100% confirmed that the only people to touch the car were Lambo London and no one else has had anything else to do with it at all! He is also happy to confirm this for me in anyway necessary.
The car has only done 6300 miles and again the previous owner has confirmed that he has never needed to replace brakes.
Lamborghini are refusing to accept this as a warranty/negligence claim from Lamborghini Wycombe and I am being asked to pay £2200 for the replacement discs and pads!
I can't understand how this can be acceptable and would really like some help/advice and obviously sadly until I pay or get this sorted out they have my car!!!!!
Can anyone help me?
I knew when buying the car that it needed a service and was more than happy with that so I could have the car thoroughly checked....
I booked the car into Lambo Wycombe and they discovered that the car has 2 front right hand break discs on it!!!! So the left front has a right hand disc, therefore the car needed 2 new discs and new break pads as well. I checked with the previous owner and he has 100% confirmed that the only people to touch the car were Lambo London and no one else has had anything else to do with it at all! He is also happy to confirm this for me in anyway necessary.
The car has only done 6300 miles and again the previous owner has confirmed that he has never needed to replace brakes.
Lamborghini are refusing to accept this as a warranty/negligence claim from Lamborghini Wycombe and I am being asked to pay £2200 for the replacement discs and pads!
I can't understand how this can be acceptable and would really like some help/advice and obviously sadly until I pay or get this sorted out they have my car!!!!!
Can anyone help me?
Without receipts or evidence of the garage changing the discs it may be difficult to prove who is at fault. But that's not really an issue since the onus isn't on you to point the finger. If you only just bought the car, and bought it from a trader then you certainly have some recourse to get the fault rectified at their expense. The car is not fit for purpose with incorrect brake discs fitted. Have a word with your local trading standards office, consumer rights on used cars are very powerful when you buy from a trader.
Here you go, I posted this on another thread recently
http://www.newcastle.gov.uk/core.nsf/a/tsusedcars
Here you go, I posted this on another thread recently
http://www.newcastle.gov.uk/core.nsf/a/tsusedcars
TradingStandards said:
If you have bought a car from a trader, which turns out to be faulty or which you think has been misdescribed, you need to take action straight away.
The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.
If you decide to reject the car, stop using it at once, contact the trader to discuss the matter and make it clear that you wish to reject. Follow up this approach with a short letter explaining the nature of the complaint and confirming that you wish to reject and get your money back. Try to make an appointment to discuss the matter with someone responsible at the garage but, remember, if you wish to reject, it is important that you put it in writing as soon as possible. You can accept a repair for a major fault but this won’t stop you claiming a refund if the repair turns out to be unsatisfactory. It is best to make your position clear before any repair is attempted.
You should bear in mind that the law only allows consumers a short time to reject goods before, in the legal sense, they have ‘accepted’ them. This means that you have had the goods long enough to establish that they are satisfactory or that you have told the trader that you have accepted them. Only a court would be able to make a decision on this point but would take all relevant factors into account.
If the fault was present when you bought the car, you do have other remedies, even if you have left it too late to get a refund. You are entitled to seek a repair or replacement. These have to be carried out within a reasonable time and without significant inconvenience to you. If replacement or repair is not possible, then the law allows for the options of full or partial refund. Each case would be judged on its own merits.
The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the law now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’.
After six months, it is up to you to provide evidence to support your claim that the car was defective when it was sold, so you may need an independent report. If you need to pay for a report, which can be used in court, try to get the trader to agree beforehand that the report can be used as a basis for negotiations. Write to the trader to suggest this, so that you can show you have tried, but you should not let failure of the trader to agree or respond prevent you from getting an expert report when you need one.
Some points to note about accepting a repair:
If the repair will take a long time, you may also be able to claim compensation. For example, you may be able to claim for the cost of hiring a car or the trader may, of course, offer a loan car.
If the repair adds to the value of the car, the trader could have a case for asking you to make a contribution.
You may choose to use your rights under any warranty you were given with the car but, if you do, you must comply with all the terms of the warranty. Remember that you do not have to rely on the warranty, you can use your legal rights instead.
When you go to the garage to discuss your complaint, you may see the salesperson first. Take all the paperwork and be prepared to be patient, clear and firm and take someone with you if possible. You may have to go through the complaint several times and you may need to speak to someone more senior if the matter cannot be resolved. Make it clear which of the remedies described above you are seeking. If you are entitled to a refund and this is what you want, be persistent. However, most car faults can be repaired and, in cases of genuine faults, the trader is likely to offer repair. Try to get specific details as to what the diagnosis is and what it to be done. Get this in writing if you can.
If you and the trader cannot reach an agreement as to the solution to the problem, you should write letters to the trader and finance company, if there is one, keep a copy for yourself and send a copy to the head office. It is usually best to send letters by recorded delivery.
If the repair fails to rectify the fault, inform the relevant person and, again, try to agree an acceptable course of action. This is where a second opinion or a good technical report is useful, so that you are in a stronger legal position. Keep the finance company involved, if there is one. If the trader offers something but it is not what you want, don’t be rushed into a decision. Take time to think about the offer – you can accept or negotiate for a better offer. Only you can decide what to do.
If you have to have repairs carried out elsewhere, you should make sure the trader knows you are going to do so beforehand to give him an opportunity to resolve the matter. You should ask the repairer to write you a report on what was wrong with the car, providing full written details of the work carried out and the cost. It is best to keep all defective parts which have been replaced. You can then sue the trader/finance company for the cost of repair, secure in the knowledge that you have proof of what was done and how much it cost. You may need to prove that, on the balance of probabilities, you were sold a car which was not of ‘satisfactory quality’.
If negotiations fail, you could consider using an alternative dispute resolution scheme. Check to see if the trader is a member of a trade association which has such a scheme.
As a last resort, you may need to consider taking court action. You should write and notify the trader and finance company, if there is one, of your intentions. Most claims up to £5000 can be settled using the small claims procedure in the County Court and you can obtain further information from your local County Court or via the HM Courts Service website.
Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.
The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.
If you decide to reject the car, stop using it at once, contact the trader to discuss the matter and make it clear that you wish to reject. Follow up this approach with a short letter explaining the nature of the complaint and confirming that you wish to reject and get your money back. Try to make an appointment to discuss the matter with someone responsible at the garage but, remember, if you wish to reject, it is important that you put it in writing as soon as possible. You can accept a repair for a major fault but this won’t stop you claiming a refund if the repair turns out to be unsatisfactory. It is best to make your position clear before any repair is attempted.
You should bear in mind that the law only allows consumers a short time to reject goods before, in the legal sense, they have ‘accepted’ them. This means that you have had the goods long enough to establish that they are satisfactory or that you have told the trader that you have accepted them. Only a court would be able to make a decision on this point but would take all relevant factors into account.
If the fault was present when you bought the car, you do have other remedies, even if you have left it too late to get a refund. You are entitled to seek a repair or replacement. These have to be carried out within a reasonable time and without significant inconvenience to you. If replacement or repair is not possible, then the law allows for the options of full or partial refund. Each case would be judged on its own merits.
The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the law now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’.
After six months, it is up to you to provide evidence to support your claim that the car was defective when it was sold, so you may need an independent report. If you need to pay for a report, which can be used in court, try to get the trader to agree beforehand that the report can be used as a basis for negotiations. Write to the trader to suggest this, so that you can show you have tried, but you should not let failure of the trader to agree or respond prevent you from getting an expert report when you need one.
Some points to note about accepting a repair:
If the repair will take a long time, you may also be able to claim compensation. For example, you may be able to claim for the cost of hiring a car or the trader may, of course, offer a loan car.
If the repair adds to the value of the car, the trader could have a case for asking you to make a contribution.
You may choose to use your rights under any warranty you were given with the car but, if you do, you must comply with all the terms of the warranty. Remember that you do not have to rely on the warranty, you can use your legal rights instead.
When you go to the garage to discuss your complaint, you may see the salesperson first. Take all the paperwork and be prepared to be patient, clear and firm and take someone with you if possible. You may have to go through the complaint several times and you may need to speak to someone more senior if the matter cannot be resolved. Make it clear which of the remedies described above you are seeking. If you are entitled to a refund and this is what you want, be persistent. However, most car faults can be repaired and, in cases of genuine faults, the trader is likely to offer repair. Try to get specific details as to what the diagnosis is and what it to be done. Get this in writing if you can.
If you and the trader cannot reach an agreement as to the solution to the problem, you should write letters to the trader and finance company, if there is one, keep a copy for yourself and send a copy to the head office. It is usually best to send letters by recorded delivery.
If the repair fails to rectify the fault, inform the relevant person and, again, try to agree an acceptable course of action. This is where a second opinion or a good technical report is useful, so that you are in a stronger legal position. Keep the finance company involved, if there is one. If the trader offers something but it is not what you want, don’t be rushed into a decision. Take time to think about the offer – you can accept or negotiate for a better offer. Only you can decide what to do.
If you have to have repairs carried out elsewhere, you should make sure the trader knows you are going to do so beforehand to give him an opportunity to resolve the matter. You should ask the repairer to write you a report on what was wrong with the car, providing full written details of the work carried out and the cost. It is best to keep all defective parts which have been replaced. You can then sue the trader/finance company for the cost of repair, secure in the knowledge that you have proof of what was done and how much it cost. You may need to prove that, on the balance of probabilities, you were sold a car which was not of ‘satisfactory quality’.
If negotiations fail, you could consider using an alternative dispute resolution scheme. Check to see if the trader is a member of a trade association which has such a scheme.
As a last resort, you may need to consider taking court action. You should write and notify the trader and finance company, if there is one, of your intentions. Most claims up to £5000 can be settled using the small claims procedure in the County Court and you can obtain further information from your local County Court or via the HM Courts Service website.
Remember, used cars may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.
Edited by Neil_H on Friday 18th April 11:01
Yes apparently there are sides to the Lambo discs. The story continues and I tried to talk to Stefano Muratori in Italy who is the UK Area Manager for Lamborghini and guess what... Not only did he tell me there was no way they were going to help with this but he actually put the phone down too! Amazing experience so far!!!!
andy2008 said:
Yes apparently there are sides to the Lambo discs. The story continues and I tried to talk to Stefano Muratori in Italy who is the UK Area Manager for Lamborghini and guess what... Not only did he tell me there was no way they were going to help with this but he actually put the phone down too! Amazing experience so far!!!!
Don't bother with all that. Just take the car to where you bought it and tell them to either put it right, or refund you. It's the Sale of Goods Act! You have them bang to rights.
andy2008 said:
Yes apparently there are sides to the Lambo discs. The story continues and I tried to talk to Stefano Muratori in Italy who is the UK Area Manager for Lamborghini and guess what... Not only did he tell me there was no way they were going to help with this but he actually put the phone down too! Amazing experience so far!!!!
You cannot be serious 
Id be going fecking apesh*t . I would suggest you write a letter both to his senior within lambo whoever that may be and inform them of his customer "care" attitude and also send him a letter telling him how dissatisfied you are with his attitude and behaviour considering his position within the company.As for the brake issue i would get in touch with the garage you bought the car from and inform them that they will be footing the bill for the brake pads or you will be informing trading standards and insisting they give you your money back. Do it in writing as well as verbal for records.
Did you buy the car privately? It sounds like you may have...
Personally I would never buy a car like this that needed a service unless the car was fully inspected FIRST. Too much can go wrong between services and they potentially cost too much to fix. A "bargain" can soon turn into a nightmare.
Personally I would never buy a car like this that needed a service unless the car was fully inspected FIRST. Too much can go wrong between services and they potentially cost too much to fix. A "bargain" can soon turn into a nightmare.
Silent1 said:
if it's private you're on your own.
EFAUnless you specifically asked whether the brakes needed anything doing in precontract negotiations and he said no (in which case you do have a case) I'm afraid you're on your own if you bought it privately, there is no obligation on private sellers to point out faults with cars, if they deliberately misled you thats another situation entirely.
I bought the car through a trader and I am going to contact him, I did not buy it privately, however I tracked down the previous owner and he confirmed that the car has never been touched by anoyone else. I'm going to go back to the trader today and see what happens but Lambo's attitude still stinks! I don't care what car it is no one should simply hang up!!!! I still can't believe his Italian arrogance!
andy2008 said:
I bought the car through a trader and I am going to contact him, I did not buy it privately, however I tracked down the previous owner and he confirmed that the car has never been touched by anoyone else. I'm going to go back to the trader today and see what happens but Lambo's attitude still stinks! I don't care what car it is no one should simply hang up!!!! I still can't believe his Italian arrogance!
Right now it makes sense. Anyone on here know how long a set of pads or disks should last on average? Should they have needed changing since new?Great sympathy with your position.
However, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
By the way, did it work Ok on two right hand discs? Did it drive any different?
However, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
By the way, did it work Ok on two right hand discs? Did it drive any different?
ph123 said:
Great sympathy with your position.
However, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
By the way, did it work Ok on two right hand discs? Did it drive any different?
Sold as seen doesn't mean anything, if it's a business, Which i'm fairly sure a trader is, there's some recourse thereHowever, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
By the way, did it work Ok on two right hand discs? Did it drive any different?
ph123 said:
Great sympathy with your position.
However, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
?
+1 However, if you buy from a 'trader' it sort of implies you were able to buy the car at a knock down price. You currently asking for cover from 'traders' who normally sell 'as seen'.
Now you want the same level of 'service' as you would expect from a 'retailer' who puts cars through workshops and would generally uphold your complaint.
?
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