If I've had someone do some work on my car that I'm not happy with am I better to pay the outstanding balance to get them to release the car and then file a small claims court action, or should I refuse to pay and file a small claims court action to get the lien against the vehicle removed and my deposit returned?

I'm nervous of paying to get the car back because that feels like an implicit admission that I am satisified with the work (which I definitely am not) and even if the court finds in my favour I would still have to recover the money.

While I don't desperately need the car back (it's not my daily driver and I've made do without it for the 15 weeks they have had it to do what they initially claimed was a 3-4 week job) leaving it with them will make it awkward getting expert testimony as to the quality of the workmanship. And if for some completely bizarre reason the court found in their favour they could sting me for storage charges on top.

 

i would go to a citizen advice or trading standards for free advice, but i wouldnt pay them until i was happy with the workmanship,

if u aint happy then dont pay.simples

 

AFAIK, they can't hold onto your car in lieu of payment, it's illegal?

 

Their standard Ts and Cs (which I have signed) say they can - I'd be very interested to know if this is an unenforceable contract term as I will be down there like a shot!

 

it probably is un-enforceable under trading standards but you would need to get advice from TS to find out for sure. If it is then it will probably void the whole contract.

 

also, you could consider making a payment with your credit card, as this will be easier to get back.

 

Pay the bill and then burn the place down.

 

im interested to know who it is that has done the work and what the work is that you have commisioned, and why are you not happy? (pics? or details) I cant help but feel at the minute this is all very one sided and its very difficult imho to give an honest opinion.

hth

james

 

They can Jeff, they have a repairers lein. The only way to deal with it if they wont capitulate, is to pay under protest (mark the invoice to that effect) and then take them to court.

 

AFAIK GC8 is right on this one, they can keep the car until the debt is paid (passive lein)...........what they cannot do is sell it to recover debt as they have no legal title of your vehicle.

Possible best bet IMHO is to pay under duress and take it from there

Shaun

 

Name and shame