Hi there,

I just received a new car today and will need to insure it.

However, I am still the registered owner of another car which is currently at a mechanic's premise on private land.

I recently bought a car where it broke down after 36 days of purchase with catastrophic engine failure, where it required a new engine.

The dealership initially refused to help me fix the car, due to a clause they input into their invoice stating they did not accept claims for 'blown head gasket or overheating' which is seemingly the fault at the time. I complained to them and they responded by offering to pay half to fix the car or said I can go and fix it myself paying the full cost. I felt like their offer was the best financially for me, without knowing at the time it was their legal obligation to fix the car in full. On the same day, I wanted to explore my legal options so reported them to the Motor Onbudsman.

I recovered the car to their mechanic, and I did not meet the mechanic - one of the employees of the dealership met me at their premises.

The Motor Onbudsman got back to me as they were in the process of fixing my car saying they should fix the car paying for the whole cost and to send them a complaint saying this, otherwise there could be court action.

2 days later, the dealership rang me and threatened to stop all work on my car unless I withdrew the complaint - I did not want even more hassle of having to recover the car from them again with a half worked on engine, so I withdrew the complaint for this reason, still not thinking I was being treated fairly.

They attempted to replace head gasket, and then test drove, and let me know the engine would need replacing. They then replaced the engine and then sent me a document asking me to sign something which would say I agree the vehicle could only be released if I paid my contribution, and that this would bring the matter to a close. There was no mention of the new engine details of which I would need to legally informt the DVLA of and also no mention of warranty on the new engine like they had already discussed with me. For these reasons I refused to sign the document and decided to ask for a partial refund after giving them the chance to fix the car and them not meeting a satisfactory solution.

They responded basically saying that I knew what I was doing all along, and that I had changed my mind back and forth. It is partly true and this is a concern I have if this goes to court - it could be a weakness in my case. However, it was a very stressful time and I felt very upset and confused about what to do.

I have now sent them a Letter Before Court Action letter asking them for a refund for the final time and if not I will initiate court proceedings.

They are now saying I acted in bad faith - do you think I could potentially lose this in court?

I would like some advice over the weakness of my case in terms of accepting a negotiation verbally, even though I felt this was extremely unfair at the time (hence reporting them to Motor Onbudsman on the day of accepting the negotiation). I felt cornered at the time - but I am unsure if this will stand up in court before a judge.

My main question is also, do I need to keep the car insured and taxed even though I have rejected it back and have no intention of ever driving it again? How do I deal with this in a legal manner?

Thanks.

Edited by JACK ELLIOT on 26/05/2023 at 18:38