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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I bought a car from a car dealer in December 2013. On Saturday

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I bought a car from a car dealer in December 2013. On Saturday 6th April, whist driving on a busy road, I noticed that the clutch was vibrating and then the oil light came on. When I reached a traffic light, the engine seized.

I pushed the car to the road side and opened the bonnet and found steam coming of the the bonnet. The car was towed to a garage for diagnostics. The report states that something may have gone under the car and broken the connecting rod and have left a hole to the cylinder block.

The 2 year Standard Protection Cover given to me by the dealer, covers the engine - including the connecting rod etc. The dealer actually advised that the diagnostics is carried out. He is trying to avoid my calls to sort this problem out and I wonder what I can do.

The Terms and conditions under the agreement reads;

'This agreement is provided by Northfield London Motors to cover the sudden and unforeseen mechanical or electrical failure breakage of an item as covered by the standard Protection or Extra protection cover, which causes a stoppage of its function This agreement will reimburse you for parts and labour the maximum payout as shown on the agreement application and any reduction to betterment or improvement of the vehicle, or its components.

In the event of a mulfunction occurring, you should stop and obtain advice as appropriate to ensure that you do not incur extra damage which is not covered by this agreement. WE can only accept repairs reported within the term of this agreement. This agreement does not offer any reimbursement for repairs that have not gone through the "How to receive service under this agreement". This agreement will come to an end if any attempt is made to commit a fraud. For further information regarding this agreement plaease contact us on 0208(NNN) NNN-NNNN'
Can I go ahead with the repairs and recoup the money as the dealer is trying to avoid me? I await our response. Thank you. Sally

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much did you pay for the vehicle please?
Customer: replied 4 years ago.


Customer: replied 4 years ago.
When did you first complain to him please?
Customer: replied 4 years ago.

Monday 7th April 2014. He initially advised to take the car for a diagnostic test and send him the report. He also said he will put a claim through and ask his inspector to inspect the vehicle when he receives the report.


When the report was faxed over, he started to make excuses. He initially said it was handwritten and would not accept it. I asked him to speak to the garage direct but he would not do so. I went to the garage and got the manager to speak to him. The manager asked him why he was not accepting the report - He then said he will send his inspector today to inspect the vehicle. I have rang him many times to ascertain when this inspector will come but he is not answering his phone. .


When did you send the report over?
Customer: replied 4 years ago.

Wednesday 9/4/2014

Thanks for the information

In principle, you could do that. He is under an obligation to offer you something both under the Sale of Goods Act and under the warranty. He has not.

However, I think that you do need to protect yourself further. Send him one letter by recorded delivery in which you say that he has 7 days to make an offer to you and in default you will instruct another to do the work and sue for the cost.

If it comes to that then you can issue here

But if you do write to him first then you cannot be accused of being unreasonable.

I think you probably would be OK if you carried on now but its important to protect your position and since a letter is so easy to send you may as well.

Hope this helps. Please let me know if you need more information.

Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

I believe the money is refundable?

Not for the purchase of the car on these facts I'm afraid.