Garage has overcharged me and placed lien on vehicle !!!

[learnerlawyer]

I sent my van to be repaired at a local garage and he has sent a bill that is almost double the dealer quote. They have done no extra work and are quite clearly trying to rip me off.

When I've disputed the bill they've said they are placing a lien and charging storage until I pay. the storage charges are hidden in the garages t&c on the website which I didn't no existed until he sent the storage bill.

I understand I should pay under protest then reclaim but I've found out the owner is bankrupt and the garage is I liquidation therefore I'm reluctant to pay the full amount as there's little chance I would get any money returned if I took the matter to small claims court and won.

Could I pay him the amount I think is right ie the amount the dealer quoted and then issue proceedings for release of the vehicle ???

Any help great fully received

[seduraed]

Re: Garage has overcharged me and placed lien on vehicle !!!

Did you gt a quotation or an estimate? This is important as the quotation is a contract to do a job at a fixed price whereas the estimate is a best guess. Also did you get the quotation in writing?

[learnerlawyer]

Re: Garage has overcharged me and placed lien on vehicle !!!

Did you gt a quotation or an estimate? This is important as the quotation is a contract to do a job at a fixed price whereas the estimate is a best guess. Also did you get the quotation in writing?

Hi I got a verbal estimate but as I had an estimate in writing from the dealer and because I've done business with the independent garage previously, I stupidly trusted he would be cheaper or at worst the same price !

[wales01man]

Re: Garage has overcharged me and placed lien on vehicle !!!

Estimate/quotation are different in law as stated by seduaraed could be the reason they are holding the vehicle the may have the law on their side time to reach an agreement with them to get it paid and vehicle back to you, court action? you may win you may lose and takes time if they are in financial trouble you may get nothing but have t [ay court fees.

[teaboy2]

Re: Garage has overcharged me and placed lien on vehicle !!!

Can we ask what work was done, what was the dealers quote, what was the garages verbal quote, and what they are now actually charging your for.

Do you have an invoice, giving a breakdown of what they are charging?

The difference might be in labour charge, as the dealer may have a fixed fee (inclusive of labour) for the type of work, where as the garage may charge for labour on top.

[enquirer]

Re: Garage has overcharged me and placed lien on vehicle !!!

As they only provided a verbal estimate, much would depend on how credible the charge is. You need a written quote (or opinion), for the same work from another, more reputable garage, that is significantly less.

In theory, if you remove the vehicle once they have stated that they are exercising the Right of Lien (have they done so in writing?), this would amount the theft, so taking the vehicle back is probably not advisable.

You could invite them to sue you, but they might simply choose to sell the van instead (there is probably a clause in the Terms & Conditions that says they may do this after a certain time).

Lay a trail of correspondence in which you query their charges, and demonstrate that you are being reasonable (and conversely, how unreasonable, they are).

If they are unresponsive, conclude with a threat that you will seek redress in the county court - that their bill be examined, and that an order be made that your property be returned to you.

It now gets more complicated ...

As the owner is bankrupt and the business in liquidation, the money you owe for the work is an asset, and may be chased by the liquidators (Are there liquidators? Is this a voluntary or an involuntary liquidation? Sole Trader or limited company? Personal bankruptcy?).

If they have exercised the Right of Lein, then at the moment, the van itself is nominally the property of the business. You might therefore be forced into the situation where you have to deal with the liquidators to get it back.

How far down the line is the liquidation process?

[wales01man]

Re: Garage has overcharged me and placed lien on vehicle !!!

What if the other quote is more or the same? Court action takes time surely the OP wants the motor back sooner or later

[CleverClogs]

Re: Garage has overcharged me and placed lien on vehicle !!!

When I've disputed the bill they've said they are placing a lien and charging storage until I pay. the storage charges are hidden in the garages t&c on the website which I didn't no existed until he sent the storage bill.

Then those alleged terms and conditions cannot form any part of your contract with the garage.

I've found out the owner is bankrupt and the garage is [in] liquidation

And, if he has a reputation for such tricks, it is hardly difficult to understand why?

[learnerlawyer]

Re: Garage has overcharged me and placed lien on vehicle !!!

Thanks everyone for your replies. Things have progressed further but not for the better !

I reported the garage to an independent arbitration scheme after getting two quotes - one from the main dealer which reinforce my view that he has overcharged me. He has been invited to resolve the matter by an arbitrary hearing but he has refused. The case handler is has agreed that in their view the storage charges are unreasonable.

I am now considering paying him the money I consider to be a fair price and issuing proceedings to recover my vehicles but I'm not sure how I do this ? Can I make an application to the small claims court for a specific direction order for him to release the vans ? I'm pretty sure he won't issue proceedings for the recovery of the money because he's no money to pay court fees and his intention is to rack up a huge bill for storage and then try to sell my vehicle :mad2:

Once again any advice gratefully received

[bluebottle]

Re: Garage has overcharged me and placed lien on vehicle !!!

Thanks everyone for your replies. Things have progressed further but not for the better !

I reported the garage to an independent arbitration scheme after getting two quotes - one from the main dealer which reinforce my view that he has overcharged me. He has been invited to resolve the matter by an arbitrary hearing but he has refused. The case handler is has agreed that in their view the storage charges are unreasonable.

I am now considering paying him the money I consider to be a fair price and issuing proceedings to recover my vehicles but I'm not sure how I do this ? Can I make an application to the small claims court for a specific direction order for him to release the vans ? I'm pretty sure he won't issue proceedings for the recovery of the money because he's no money to pay court fees and his intention is to rack up a huge bill for storage and then try to sell my vehicle :mad2:

Once again any advice gratefully received

The question here is whether the garage's lien is lawful. There is a piece of legislation called the Supply of Goods and Services Act 1982 which requires those providing services to do so at a reasonable cost amongst other things. The fact you have obtained two quotes from other garages and these show what appears to be gross overcharging by the garage in question brings into question the lawfulness of the garage's lien. Add to this the garage's refusal to enter into mandatory mediation (arbitration) and the fact they are, effectively, bankrupt, adds weight to the question of whether the lien is lawful or not.

It may be that you have to go to court and ask a judge to rule what is reasonable or ask for a mandatory order to enable you to retrieve your van.

[CleverClogs]

Re: Garage has overcharged me and placed lien on vehicle !!!

Is the garage (said to be in administration or liquidation) a limited company or was it run by the garage owner as a sole proprietor?

If it was/is still a limited company, then the debt you owe for the work allegedly done would be one of the company's assets. In that case, you should contact the administrator(s) who may allow a reasonable discount for prompt settlement.

(That assumes, of course, that the spiv hasn't already sold it.)

[learnerlawyer]

Re: Garage has overcharged me and placed lien on vehicle !!!

Thanks everyone for your advice.

The owner of the garage has now formally refused all offers of mediation and is insisting that his bills are correct and also that his lien and storage charges are enforceable. I have done some further digging and discovered that it is in fact he personally is bankrupt and it is the parent company of this garage that are in liquidation although the garage is still trading.

I have sent him a letter outlining my case and offering to pay what I consider is correct along wit a cheque for the amount. He has refused my amount and says he will issue proceedings to recover his money (although how he will pay his court fees remains to be seen !!!).

My question is shall I make a bank transfer for the amount I consider to be correct ? How do I go about applying for an order to the court for the release of the vehicle ? Is there anything I need to serve on the garage owner prior to doing so ?

Many Thanks once again

[labman]

Re: Garage has overcharged me and placed lien on vehicle !!!

Personally, with things being a bit messy I'd pop and see a solicitor. Many offer 30 minutes or 1 hour free before starting to charge. If the vehicles are worth a fair bit of money, it could be money well spent.

If you choose to do this, make sure you choose a solicitor which is part of the Quality Solicitors scheme (QS scheme).

[bluebottle]

Re: Garage has overcharged me and placed lien on vehicle !!!

Thanks everyone for your advice.

The owner of the garage has now formally refused all offers of mediation and is insisting that his bills are correct and also that his lien and storage charges are enforceable. I have done some further digging and discovered that it is in fact he personally is bankrupt and it is the parent company of this garage that are in liquidation although the garage is still trading.

I have sent him a letter outlining my case and offering to pay what I consider is correct along wit a cheque for the amount. He has refused my amount and says he will issue proceedings to recover his money (although how he will pay his court fees remains to be seen !!!).

My question is shall I make a bank transfer for the amount I consider to be correct ? How do I go about applying for an order to the court for the release of the vehicle ? Is there anything I need to serve on the garage owner prior to doing so ?

Many Thanks once again

Hang on... Are you saying that the company is trading whilst insolvent? If this is the case, the directors are committing a criminal offence. Also, is the garage bod a director of the company? Undischarged bankrupts are not permitted to hold directorships whilst under still under a bankruptcy order.

[Silent assassin]

Re: Garage has overcharged me and placed lien on vehicle !!!

hello learner lawyer

The fact that the garage has quoted you a different price to the dealer does not mean much as it is only an approximation. The situation would be different if you had an exact sum for the work to be done.

In order for someone to be bound by terms and conditions they need to be brought to the reasonable attention of the contractee. The question is are the terms and conditions on a website binding? Yes but only if the website in question is exclusively an online seller like Ebay or Amazon.

Were the terms and conditions disclosed to you prior to the contract been made?

Here is where it gets a bit trickier. In order to make a contract you need to have clear terms and conditions prior to making the contract.
When you took your car in for repair you did not make a contract then because you did not know the price. That came afterwards.

So, along comes the guy and says £500. By not agreeing to it you have you made a contract? If the answer is no then you are certainly not bound by the storage fees etc. and by them holding your car are committing "tresspass to goods" and also theft under the criminal law.

When someone undertakes a service it should be done for a "reasonable sum". If the price is considerable greater than what it would cost to have done then under contract law all your need to give is a reasonable amount.

Does it help?