Chargeback success......but

[goodun]

hi all please advice

Bought a used car £10k, engine blew in a few weeks and dealer refused to help

Requested chargeback at bank but got refused

Paid out £5k for new engine

Bank then decided to approve chargeback so I got the money back

Bank suggested I may? have to return the car if the dealer appeals to his bank

I won't return the car as I put a new engine in it for £5k

what is my options here, what would you do?

thanks

[R0b]

Hello

So what happened between the time of you being refused and purchasing the new engine. Why did the back subddenly reverse its decision, did you appeal it?

As you have been given your money back, you cannot also keep the car because it no longer belongs to you. Sure, you did that on the basis that the bank refused your chargeback so you may be able to claim that loss from them (not guaranteed) or you could seek to recover that amount from the dealer as a result of their breach of contract and putting the vehicle in the position it should have been.

Although I said you can't keep the car to yourself nor can you sell the car to recover the £5k you paid, you could however hold a lien over the car until the dealer has repaid your money. The lien is based on a breach of contract by the dealer and your improvement on the car with the new engine.

[goodun]

thank you rob for the swift reply

After an independant inspection report for £500 confirming the damaged engine
1 month of trying to get the dealer to help (requested repair/no reply and then rejected car)
then 1 month chargeback claim and all this time cycling miles to work in the freezing weather I had an independant garage fit a new engine,
an appeal to fos seems to have made the bank change its mind

Your advice is very usefull, if the dealer appeals I will submit the bill for £5k and state "I hold a lien over the car until the dealer has repaid the money, then I will return the car"

sound good? Thoughts

Could I add my £500 inspection costs?

edit: also how would one prove legally that they had returned the car??

[R0b]

What would worry me is that it sounds like you arranged to get the car fitted with a new engine before awaiting the full outcome of the FOS decision. On that basis, you might struggle to overcome the hurdle of arguing you have a lien over the vehicle.

I suspect your bank and possibly the dealership would try to make that argument as to why you shouldn't be owed £5,000 as you didnt fully exhaust the process. Perhaps from your point of view, if the vehicle was an essential for work and to get from A to B then that could be a valid point but it could come down to was that reasonable in the circumstances or would it be more reasonable to have hired a car (or train) until the conclusion of matters.

At the moment your probablprin the driving seat but it would t surprise me if the dealership tried to hire a third party to recover the vehicle despite the lien you are claiming (unless its securely stored) and in which case the ball is then in your court.

Theres probably a number of other arguments or options available that I've not really thought of, but you do have some options. Whether they are right or wrong only a court could decide that.