A bit of legal advice required....

Matt Santos

Mods feel free to change the location of this thread but I really need a bit of advice about this incident.

To cut a long and protracted story short the bones of the issue is this...

A relation of mine employed a part time mechanic to do a service on her car. The Car was returned after the "service" was completed and the money that was asked for was paid over. The car ran very badly after this attention and was subsequently returned to the mechanic to rectify the problem.
After a week the mechanic claimed that a further job was required on the car to fix it and it would cost approx the same amount again to fix it. The owner gave permission (stupidly IMO!) to the mechanic to continue with his work and that as long as the car was perfect he would be paid.
The car was returned when she and her husband went to collect it. The mechanic understood the reluctance on the husbands behalf to pay anything further until the car was test driven. The mechanic agreed. The car left the mechanics yard but ran poorly and was obviously not 100%.
The husband took the car to another garage and spent a further sum of money to the garage to rectify the problem that was at hand. The car ran perfect after the attention of the second mechanic. The first mechanic then furnished a bill to the car owner for three times what was agreed.
Obviously, the couple were not happy with the situation and requested a detailed breakdown of what the mechanic was charging.
The car was parked in a public place a month ago and was subsequently removed from this place by the original mechanic. The lady in question on returning to the car found it missing and rang the Gardai. On relaying the information to the Gardai the member of the Gardai on the phone was able to tell her the registration of her car and that the mechanic had taken it. He then said that it was a civil case and nothing to do with the Gardai and hung up!
There was a complaint made to the Gardai but it was decided on some level that the mechanic in question would not be charged with the unlawful taking of the car and the vehicle remains unreturned.
Am I missing something here in this situation. I would have thought tat there were obvious channels to pursue monies (if they are owed!) but this situation seems outrageous.
Is there anybody out there that could possibly advise the next step to take in this situation.

Sharpshooter

Moved from After Hours OP.

I think this is the correct forum for your query.

Matt Santos

I looked at this originally but I thought the charter forbid the seeking of any advice legal or not!
If its to be here I am fine with it..

Degag

I can't "advise" you on anything as I don't know enough about Law, but, i don't think the mechanic should be allowed to take the car. It is theft no matter what way you look at it. Tell your relation to go to the guards again.

m@cc@

Before I answer, how do you know the mechanic took it? How did he get access to it?

FreudianSlippers

Matt Santos wrote: »

Mods feel free to change the location of this thread but I really need a bit of advice about this incident.

To cut a long and protracted story short the bones of the issue is this...

A relation of mine employed a part time mechanic to do a service on her car. The Car was returned after the "service" was completed and the money that was asked for was paid over. The car ran very badly after this attention and was subsequently returned to the mechanic to rectify the problem.
After a week the mechanic claimed that a further job was required on the car to fix it and it would cost approx the same amount again to fix it. The owner gave permission (stupidly IMO!) to the mechanic to continue with his work and that as long as the car was perfect he would be paid.
The car was returned when she and her husband went to collect it. The mechanic understood the reluctance on the husbands behalf to pay anything further until the car was test driven. The mechanic agreed. The car left the mechanics yard but ran poorly and was obviously not 100%.
The husband took the car to another garage and spent a further sum of money to the garage to rectify the problem that was at hand. The car ran perfect after the attention of the second mechanic. The first mechanic then furnished a bill to the car owner for three times what was agreed.
Obviously, the couple were not happy with the situation and requested a detailed breakdown of what the mechanic was charging.
The car was parked in a public place a month ago and was subsequently removed from this place by the original mechanic. The lady in question on returning to the car found it missing and rang the Gardai. On relaying the information to the Gardai the member of the Gardai on the phone was able to tell her the registration of her car and that the mechanic had taken it. He then said that it was a civil case and nothing to do with the Gardai and hung up!
There was a complaint made to the Gardai but it was decided on some level that the mechanic in question would not be charged with the unlawful taking of the car and the vehicle remains unreturned.
Am I missing something here in this situation. I would have thought tat there were obvious channels to pursue monies (if they are owed!) but this situation seems outrageous.
Is there anybody out there that could possibly advise the next step to take in this situation.

Something seems strange about this story imo. Regardless, you cannot seek legal advice in this forum. Your relative should either ring a different Garda station and explain the story better or consult a solicitor.

m@cc@

OisinT wrote: »

Something seems strange about this story imo.

I agree.

Sharpshooter

Matt Santos wrote: »

I looked at this originally but I thought the charter forbid the seeking of any advice legal or not!
If its to be here I am fine with it..

I'm not too sure tbh, but After Hours was not the way to go on this subject.
If I have moved it to the wrong forum I apologize to you and the Mods of this forum.
Maybe they can fill us both in as to where it belongs if I am wrong.:)

Topper Harley

The mechanic should have gone to the small claims court, what he did was surely illegal and I fully agree with your friend not paying over the money as even if he went to court over it, once the money is handed over it can be hard to get it back. Try the guards again, maybe a different Garda station and if they still refuse to help try stealing the car back. Or you could call Joe Duffy!

Matt Santos

I agree that it seems very strange that the Gardai are not pursuing the actual theft of the car. The mechanic most certainly has the car. There is no question about that. To take back the car could be messy. It gets into a different realm that this family are not willing to go into.
This has happened rurally rather than in a town or city so ringing a different Gardai Station is not really an option. Its still gonna come back to the local station! Maybe there is a member of the Gardai on here that maybe can shine some light on how come the Gardai are not taking a more active participation in this case.

Topper Harley

Maybe they just happened to ring a lazy Garda or more likely, the Garda misunderstood the situation.... such as thinking the mechanic removed the car to fix it and then wouldn't return it until he was paid (if that would make any difference.)

Viarum

engage a solicitor

cbr1100

The mechanic had no right to take the car without a court order giving him authority to seize goods in lieu of monies owed. Go to the Garda Station and explain in person what has happened. This mechanic does not have the keys for the car, the log book for the car and has no claim to it. He is committing the offence of theft. The mechanic probably loaded the car up onto a tow truck by dragging it up with a winch. If he did this he might have damaged the suspension, steering, brakes and gearbox. Bear this in mind.

Amazotheamazing

Depends, iirc, on what she agreed when she hired the mechanic. In some instances, mechanics are allowed keep possession of the car until the work done is paid for. What did she sign?

Maximilian

No, this is not the place for legal advice.

That said, OP you either need to get in touch with the Guards again or see a solicitor.

As far as I know a mechanic can exercise a lien over a car he is repairing pending payment. That is to say he can hold on to it in his garage until the customer pays (a little bit like a ransom if you like). Once it leaves the garage though, the right to a lien would be lost since he no longer has possession. Taking it from a public place thereafter would be unlawful.

Personally, I'm surprised the Guards did nothing.

Matt Santos

Amazotheamazing wrote: »

Depends, iirc, on what she agreed when she hired the mechanic. In some instances, mechanics are allowed keep possession of the car until the work done is paid for. What did she sign?

In fairness this was a job that was taken on by the mechanic and nothing was signed. I know the concept of a lien being put on the car but that would be after a judgement etc.
This was a simple removal of the now repaired car from a public place without a phone call prior to the event to even demand money!! What ever way you look at it its a car theft. But, in this case, it seems that a call was made to the Garda station by the mechanic to inform them that he was going to remove the car from a public place and that when it was reported that the garda would inform the owner that the mechanic had it! His excuse (as given by the first garda that answered the report call) was that he perceived that there was monies outstanding.
I will keep the thread informed of any developments...