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My Claim vs. Land Rover North Haven, CT

J. B. vs. Land Rover North Haven, Ct

525 Washington Ave, North Haven, Connecticut, 06473-1312, United States

Amount Involved: Other terms

Complaint(s): Problem with a service | Bad business practices | Other

- Customer or Client
- vs
- Land Rover North Haven, Ct
- Kathleen Infante
  525 Washington Ave, North Haven, Connecticut, 06473-1312, United States
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- Support this claim (4)
- 4 people support this claim
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- Status: In Negotiation
  This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
- View response from: Land Rover North Haven, Ct
- Claimant Seeks: 3 non-monetary items.
- Claim #: 7130507
- Amount Involved: N/A
- Filed On: Dec 30, 2018
- Posted On: Jan 10, 2019
- Complaint(s):
  - Problem with a service
  - Bad business practices
  - Other

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Statement of Claim

Complaints Involved (3) - View

Claimant says:

"On August 19, 2018, I picked up by 2010 Rangerover from Landrover of Guildford service department. Manager in charge is Kathleen Infante and Executive director of dealership Jim Aiken. Prior to this present complaint, I have had an issue that people claim assisted to me resolve with Landrover of which a new Engine was placed into 2010 Landrover without cost to me.

Landrover was guilty of malicious intent to defraud this customer. Approximately one week after picking up the vehicle I was still haunted by the sounds coming from the engine and it just did not feel the same driving it. I remember after the second time returning the vehicle i spoke with the service manager Kathleen Infante and informed her that I was a concern with the safety of the vehicle but I could not identify the source. I backed out of my driveway and the vehicle slowed and would not move and oncoming traffic had to slow until I could put the vehicle and park then in drive to get it to move. I cautiously drove the vehicle to work about 8-10 miles daily to commute back home. I still continue to be cautious with driving the vehicle so I called Ranger Rover and Booked an appointment of December 21, 2018, to have the vehicle re-evaluated, Due to a breakdown in communication Landrover Guildford Cancelled the appointment and made it clear in an E-mail communication " Stated clearly by Mrs Infancte ". On October 4, 8 and 16, 2018 I captured the dash giving me the information spoken to Mrs. Infante on the phone and communicated the information in words and Mrs Infancte states I don't know what this is, so instead of attempting to tell what was going on, I decided to capture the concerns and Sent an E-mail on October 19th 2018 to Kathleen Infancte and to the Consumer protection. I continue to communicate with Kathleen via phone and email for a few hours. Kathleen continues to say she did not receive the E-mail.

Consumer protection contacted me within an hour acknowledging they receive the email and inquired what the situation was, Yet Mrs. Infante continues to deny receiving the E-mail. I have recently sent much communication to Kathleen Infancte with the same Email address of which she receives them all. I will include a copy of the video with this communication. Landrover had decided they want nothing to do with the vehicle as you will see in an e-mail sent to me by Mrs. Infante. Landrover has the vehicle in their possession In February 2018, March 2018, April 2018, May 2018, June 2018, July 2018, August 2018 at which they continue to deny responsibility for the blown engine which she attempted to return to the customer.

This is retaliation at its finest, I am not a lawyer, but I believe this is an illegal practice. I continue to take the advice of Mrs. Infante and continue to commute to work daily. On November 21, 2018, at approximately 6:55 am I was driving on to exit 38 in Winsor and was involved in an incident at which after turning on to the ramp the 2010 Range Rover suddenly become inoperable and a smell of smoke and was unable to more. I scream fearing for my life and at this time watching to see if oncoming traffic would come around the corner hitting the vehicle from the back. I quickly got out of the vehicle and ran over the embankment while calling 911 for help. 911 operator asks if I was in a safe environment, "I stated No" someone could run into the vehicle at any moment and the 911 operator requested that I get back into the vehicle and informed me help was on the way. I continue to hope and prayed that oncoming traffic will see me before plowing into the back of the vehicle. In approximately 5-10 minute I saw a large DOT truck that blocked traffic and renders assistance to me. The DOT drivers informed me they were sent by 911 to help me right away. The DOT drivers informed me that the vehicle had to move immediately, I contacted triple-A immediately and the DOT drivers encouraged me to continue to attempt to move the vehicle because the scene was unsafe. However, sometimes has passed and I was able to place the vehicle in drive got it to a safe location to get help. I had the vehicle towed to PEP boys in West Hartford who diagnose it as bilateral axle failure. I contacted Mr. Infante who informed me that this was a repaired or replaced by Land Rover Guildford. I asked about appointment asap, Mrs Infante informed me that I can have the vehicle repaired where ever I prefer and it did not affect the one year warranty, this was a concern to me because through experience repair shops had a history of denying claim of responsibility if anyone else touched the vehicle, she would not book me for an appointment.

I had the vehicle transferred to Efficient Auto for repair of which they replaced both Axle. Efficient auto informed me on the 29th of November, that it was not the axle that was the issue, it was the differential. I inquired more about what has happened. I informed him of the history on the vehicle within the past couple of months and he stated to me that the Landrover is responsible for the repairs because they would not have been able to replace the engine without removing the differentials. I place several phone call to Mrs. Infante of which I lost a couple of days due to their service relocation. I left Mrs. Infante at least two messages and which there was not return calls. I finally sent her an e-mail informing her of the situation and she acknowledges the e-mail and stated she will look into the matter and get back to me at which I would be still waiting if I did not follow up with her.

Efficient Auto informed me that there was no oil in the differential and it had to be the Landrover that did not replace the oil. Mrs. Infante denied her technician touching the differential, however, in the detail receipt they provided me, it showed clearly that her technician removed the differential and fail to replace the oil. I stated the obvious to Mrs. Infante and she stated to me "The technician should not have done that, that is not Range Rover policy and she did not mean to mislead me when she stated that never touched the differential. Mrs Infanted baited me by requesting on letterhead from Efficient Auto as to how they arrived at this conclusion. The letter was provided to Mrs. Infante. Mrs. Infancte switched her statement by saying when she told me to take the vehicle where ever I wanted she meant another Range Rover dealership.

This begs the question why did LandRover Guildford refuse to look at the vehicle and diagnose it but now Mrs. Infante would like for everyone to believe she meant another Range Rover service department. I reminded her I have scheduled an appointment via email of which she clearly states do no bring the vehicle here, it will not be accepted and diagnoses. Here is the question, did Mrs. Infante also void the warranty on the engine all together per their own policy. My life does matter, I have a family that I love, I have an Autistic little boy that need his mom.

Retaliation is a crime and this should not happen to me again. I am questioning descrimination at this time based on Race. "

...

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Exhibits View

Additional Communication Between Claimant and Land Rover North Haven, Ct Hide

Jan 04, 2019, Claiming party added:
Copy of detail itemize receipts from landrover showing they remove differential and failed to replace oil in it prior to delivery to customer of which they denied until it was broght to their attention following the life threatening incident with the vehicle. Warning lights video to follow.

Jan 10, 2019, Claiming party added:
copy of G-mail sent to Mrs. Infante, communicaition begin in Septemer and continue thoughout. Mrs Infance states she does not want the vehicle and will offer detere me from maiking an appointment. Mrs. Infante Perez also states they do not accept third party insurance except land Rover extended warranty only. I am unsur this is the thrught. THe G-mail breakdown shill demonstate to you the multiple email conversation with Mrs. Infance, this does not include verbal conversation. Mrs Infante is lying about the situation. I have continuously speak or email kathleen, however she refuse to have me schedule an appointment. As you can see by this e-mail i am uploading this will shows dated back to September 16th for notification sent to consumer protection as well as Mrs Infance. State receive all email, MrS infante denies receipt of the email, some one need to check and supeona her email and the thruth will be found. Mrs. Infance want this writer to go away and not to mention any problem wit the vehicles at which she states Landrover has spent 28,000.+. They did notice the codes on the dash if they drove the vehicle 500miles before returning it to me. I notice approximately 2 week after and continue to communiate via phone and email regarding safety. Mrs Infante was verbally told the reading on the dash during a conversation with me and still did not want to make an appointment, at all cost she did not welcome any repair on the vehicle not even to re-assess the situation. I did ask due to the safety of the vehicle and she turned a blind eye. I believe after my explanation to kathy about the code I was looking at during getting out of the driveway and stuck in oncoming car and unable to move on occation and also concerns for my personal safety. I am currently uploading the G-mail communication on the sent tab and whom ever is ready this please take a look at the date of communication and the orange dots are the video portion sent to Mrs Infante. Remember State of CT consumer protection received the videos and called the same day and kathy continue to deny receiving. Kathy cat and mouse game, I am sure the plan was not to acknowlede the receipt of the video so we are not accountable. I am uploading presenty GT mail copy of sent mail and the video pic kathleen infante may not want anyone to see. I suspect she knew what it meant and still put my life at risk to obsolve themselves of any responsibility. Kathy did say to take the vehicle to any shop to repair and it wont affect the warranty, i am currently working on the transcript of the phone all.

Jan 10, 2019, Claiming party added:
Another copy of email to show communication with Kathy in emails and not counting the countless conversations.

Jan 10, 2019, Claiming party added:
Here is the video pic that I captures many times and sent to Kathleen Infante via email and consumer protection. Consumer protection receive video with email approx 8 times and called me back say day. I was on the phone back and forth the Mrs Infante who claims she did not receive the email. This a code the vehicle displayed to me. I attempted several times to communicage my concerns with Mrs Infante, She stonewall me and would not book an appointment for the evaluaiton of the car. I have six video of occurance and pleaded with Mrs Infante to assess the vechile and she would not. Kathleen Infante has determine not to honor the warranty on the vehicle and e-mail to follow of the harsh and disrespectfjul behavior. This was clearly retaliation for the previous incident. Landrover has decided they did not want to fix the vehicle by any mean necessary even if it mean loss of life and put the customer safety at risk. More video of the car codes to follow

Jan 11, 2019, Claiming party added:
Attaching audio

Mar 21, 2019, Claiming party added:
These document is proof of landrover nirth haven negligence.

What Claimant Wants Hide

Claimant agrees to resolve this matter under the following proposed terms of settlement.
Status: Seeking public comment/suggestions

This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
Land Rover North Haven, Ct is asked to agree and settle or make a good-faith counteroffer, offer a rebuttal, or request additional information.

Non-Cash

What	By When	How Much
1. Repair: REPAIR AND REPLACE THE PART	Jan 14, 2019	N/A
2. Replace: DEFECTIVE PARTS AND MAINTAIN PER POLICY WANNANTY	Jan 14, 2019	N/A
3. Apology: RETALIATION	Jan 14, 2019	N/A

Cash
1. Other – Copy claim to regulators	Jan 14, 2019	$14.99
2. Other – Pay for claim posting cost	Jan 14, 2019	$14.99

Just make me happy!

Claimant invites Land Rover North Haven, CT to make a fair offer to resolve this complaint.

Cash total : $29.98

Non-cash: 3 items

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Respondent's Counteroffer Hide

Land Rover North Haven, CT to claimant
Status: Rejected

Respondent has rejected claimant's terms. This claim will remain posted until mutually acceptable terms are agreed to.

The claimant's settlement terms were rejected with the following explanation:

I disagree with the explanation / grounds provided
"Judith Burchell brought her vehicle to be serviced for a noise from the engine. During the time her vehicle was being repaired her extended warranty expired. When it was determined that the engine needed replacement, Land Rover North America agreed to cover the repair as a form of Goodwill consideration. The cost of parts and labor was $28,000. Ms. Burchell was not asked to pay anything toward the repair. The vehicle was road tested for 500 miles prior to returning it to Ms. Burchell. The extensive road test was performed to be sure there were no issues with the vehicle and to insure she would be happy with it when she got it back.

When Ms. Burchell called 3 months later to say the vehicle had "broken down" she could not clearly explain what had happened. During one conversation she said "the engine fell out on the street". It is now clear that was not an accurate statement. She said she had it towed to Pep Boys and then subsequently to an independent garage. After several attempts to contact the garage it was stated that "the axles were shot". In an effort to understand the cause of failure, a written statement was requested from the repair shop. Ms. Burchell was insistent that the failure was related to the engine repair. In their statement the independent shop claimed that they had "replaced axles" and after road testing the vehicle heard a noise from the front differential. They claimed the front differential had been "left empty" of fluid at the time of the engine replacement.

Ms. Burchell insisted that the vehicle be towed to Land Rover North Haven. She was told that Land Rover North Haven would not be participating in any further repairs on the vehicle for the following reasons:
1) The vehicle was driven for 500 miles before it was returned to Ms. Burchell. If the front differential had been empty it certainly would have presented as an issue during that time.
2) A shop other than Land Rover North Haven installed axles. They could have left the differential fluid empty, used the wrong fluid, or used the wrong axles.
Due to the fact that Land Rover North Haven was not the last shop to touch the vehicle, and two other shops worked on the vehicle in the exact area that they are claiming is the problem, Land Rover North Haven is not accepting liability in any way."

This claim will remain posted until resolved.

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Contributed Solution: by George Maxwell On 01-14-2019
1 comment
Claimant needs a good timeline including mileage, and a good independent master mechanic experienced with Land Rovers. More... Vote for this
Of course Land Rover should have replaced the engine if the extended warranty expired only while the Land Rover was already in for repair. That doesn't count as a 'goodwill consideration' in my view.
I'm curious as to how many miles are on this Land Rover, and whether it was purchased used and/or had been in an accident. My family and I all buy cars new and then put substantial mileage on them - usually 150,000 miles to 200,000 miles - before replacing them. None of us have ever had either engines or axles go out. Unless the car had been in a bad accident, it doesn't sound at all satisfactory.
In this case, Land Rover North Haven and whatever shop replaced the axles are both protecting themselves against liability.
I'm certainly not an expert on mechanical issues, so my only suggestion is that the claimant find one. I would find an independent master mechanic, preferably one experienced with Land Rovers, and ask for a written opinion on the likely scenario. You would have to pay for this, but it could be taken to court if necessary.
Other questions I would have:
How much will it cost to make the repair? Does the claimant want the car repaired or is she so uncomfortable with the car at this point that she wants to trade it in?
Was the engine new or rebuilt? Should Land Rover have seen that the axles were failing - if they were failing; I'm not clear on that - while repairing and then driving the car for 500 miles? How many miles did the claimant drive the car before the break-down? Is the mileage notated before and after each repair?
As I understand it from googling the problem, there are plenty of warning noises when axles are beginning to fail.
I think the claimant needs to create a really thorough timeline that includes mileage; something like.
8/14/18 Land Rover delivered to North Haven; Mileage was X
9/14/18 Claimant picked up Land Rover with new engine; Mileage was X
9/21/19 Claimant reported knocking sound....etc.
Then get it to the master mechanic. Which party does he or she think created the differential problem?
If that can't be determined, then the claimant may need to take both parties to Small Claims and ask for them to split the repair cost, or (depending on the cost of repair) simply write the whole ghastly experience off and decide never to buy another Land Rover.

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Claimant (Comment) 6 years ago:

Claimant commented

Hi Mr. Maxwell,
I certainly agree with you that my Range Rover should not be this faulty the mileage of fewer than 70,000 miles. Landrover of North Haven has proven over and over again their disloyalty to this customer and lack of care service. Here is my concerns, I have reached out to Mrs. Infante since September of 2018 warning her there could be a safety concern with the vehicle because it wants making noises and was not performing in the manner I knew it was prior to the blown engine. As you can see by email, and verbal conversation, I have been communicating the concerns and it was ignored. The day of the incident still feels like a near-death experience to me. I am not a mechanic and I should not be expected to know what is wrong with the car. Landrover built theses vehicle and their mechanic are trained to work on these vehicles and should be able to diagnose the problem and work with the customer to resolve the issue. However, this was not the case with LandRover of North Haven, Mrs. Infante and Mr. Aiken continue to stall and dodge any responsibility and accountability in this matter. I want to clarify a point you have made in your proposal. The permission was given to me by Mrs. Infante to have Efficient Auto continue to assess the vehicle. The conversation occurred because I wanted an appointment to return the vehicle to Landrover so they could assess the vehicle this was when Mrs. Infante informed me that it was ok to have Efficient Auto diagnose the vehicle as well as collecting the finding and on a letterhead sent it to LandRover with the verbal guarantee it would not affect the warranty on the engine. I did everything I could to have the vehicle transported back to Landrover of North Haven and Mrs. Infante continue to stall as much as possible. I had an appointment set up prior to the incident on November 21, 2018, and I also reminded Mrs. Infante of the appointment and it was abruptly canceled. I will include the Emal on our discussion. Clearly, you will see in the E-mail the tone and the disrespect. Consider this when the incident occurs on the off-ramp at this time the only mechanic who performed work on the vehicle was Landrover. Landrover denied touching the affected part, only after I produce the receipt showing they not only worked on the part they are lying about the situation. I will continue to pursue this matter until I get the resolution I deserve.

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My Claim vs. Land Rover North Haven, CT

Problem With A Service

Bad Business Practices

Other

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