can the garage keep my car?

Sam Jones

My car broke down and during the time it was in the garage in Mallow being fixed I lost my job and couldnt afford to pay the whole bill. I tried to do a deal for weekly payments etc but the garage wouldnt give me the keys back. I now need to sell the car to pay the bill but they wont give me access - what can I do?

Anan1

Is the bill reasonable? If so, your options are either to pay it or to come to an arrangement with the garage.

colm_mcm

Tough one but you can see their point of view.
Have you explored the idea of them buying it from you?

kona

Why is the garages bill of less importance? ****ty situation to be in, Im sorry .
but the garage is entitled to be compensated for the work.

Tayla

Surely they will have to make a payment plan with you like what you suggested, they won't be allowed to just keep it

MarkR

Quick google brings me this

A garage that has repaired your car has what is known as a 'lien'. This is the right to keep the car until payment has been made for the work done.

If you remove your car from the garage without authorisation you risk not only civil proceedings but also (except in Scotland and Northern Ireland) criminal prosecution.

The only alternative open to you, apart from legal proceedings or leaving your car while any dispute is sorted out, is to pay the amount demanded, marking the invoice as 'paid under protest'.

A garage that has repaired your car has what is known as a 'lien'. This is the right to keep the car until payment has been made for the work done.

If you remove your car from the garage without authorisation you risk not only civil proceedings but also (except in Scotland and Northern Ireland) criminal prosecution.

The only alternative open to you, apart from legal proceedings or leaving your car while any dispute is sorted out, is to pay the amount demanded, marking the invoice as 'paid under protest'.

http://www.theaa.com/motoring_advice/legal-advice/can-the-garage-retain-my-car.html

CarMuppet

this sounds like a thread for the legal forum... but I do believe there are some laws in relation to debt to asset ratio...

EG if you owe euro1000 and the car is euro1500 they can detain it,

but

if you owe euro1000 and the car is worth euro 65,000 then they can't.

I'm not a legal expert in any way.... as you can see.. but stick a post up on the legal forums and see their replies.

Sorry to hear about your situation.. I wish you the very best for the future!

Cheers,
CM



EDIT: Ah some facts posted in above ^^^

Tigger

pay for the work done as agreed then sell the car

they have a lien against your car and won't give it back till they are paid

colm_mcm

The op is broke, the whole point of the thread...

travnett

MarkR wrote: »

Quick google brings me this



http://www.theaa.com/motoring_advice/legal-advice/can-the-garage-retain-my-car.html

I'm sure this is helpful but is it relevant to irish law etc seen as it is from the Uk AA website and seems to be only dealing with England and Wales

OP as others have already said this topic should be for the Legal forum. Sorry that you lost your job and now have to sell your car. It seems also a bit crap that the garage won't accept a payment plan with you, but I suppose everyone is struggling at the moment.

Sam Jones

kona wrote: »

Why is the garages bill of less importance? ****ty situation to be in, Im sorry .
but the garage is entitled to be compensated for the work.

I didnt say anything like that, I said they wont allow me access to sell it to pay their bill - I have never suggested I'm not going to pay it

sean1141

how much is the car worth? (make model year condition) and how much is the repair bill?
would they not buy the car off you minus their bill??

Eoin

travnett wrote: »

I'm sure this is helpful but is it relevant to irish law etc seen as it is from the Uk AA website and seems to be only dealing with England and Wales

Well spotted, but this page does seem to indicate it's the same scenario here:

http://www.bporco.ie/live/newstalk/445.html

Do they do car sales as well? Perhaps they might be able to sell it on your behalf; or at least ring some contacts in the trade.

Atlantic Dawn

If you have a 2nd key you could do a runner to the south of Spain with the car, provided of course they finished their work properly on it

Nissan doctor

I understand your situation but from the garages point of view, what possible way do they have to guarantee receiving payment other then keeping the car. With the greatest respect to the OP and with no assumptions of your intentions, your word that you will pay means nothing to the garage, you could take the car an disappear if they agreed to give it back.

JerCotter7

Ask them to sell it for you. And you would have to be there to sign over the log book so you could then just pay them what you owe them there and then.

robtri

well if they wont let you ahve the car...
make payments weekly till bill paid and then take car back...

they cant sell it, they can only hold it till they get a court judgement to sell it..

mantaraver

Atlantic Dawn wrote: »

If you have a 2nd key you could do a runner to the south of Spain with the car, provided of course they finished their work properly on it

or ya could hide it away somewhere, then go to the garage next day and say "iv'e got your money here.....eh, dude,where's my car" :eek:
What do ya think they would reply with ? :rolleyes:

Funniest reply wins....

vectra

if it were me I would try to borrow the money from friend and family.
Collect my car
pay back loans and mosey along

smokie2008

Dunno bout anyone else but I'm on information overload here...

OP, How much is the bill, whats the make and year of the car What work was done on the car???

If you want peoples help you might start answering the people tryna help you:rolleyes:

vectra

smokie2008 wrote: »

Dunno bout anyone else but I'm on information overload here...

OP, How much is the bill, whats the make and year of the car What work was done on the car???

If you want peoples help you might start answering the people tryna help you:rolleyes:

Possibly a Honda CRX ?
NCT Fails

stimpson

How much can a BAC sticker cost?

smokie2008

vectra wrote: »

Possibly a Honda CRX ?
NCT Fails

Well done

vectra

smokie2008 wrote: »

Well done

LOL