Wont Give My Car Back!!!

xFidelityx

Any advice at all is very much welcome.

Well it started last year, I bought a car and it had broken down on me,
the head gasket had blown in it. My ex boyfriends father said his friend who repairs tires in a garage would fix it for me at his house at a good price, of course I trusted him at the time and agreed. They assured me they knew what they were doing and I was not to worry that my car was in 'professional' hands.

2 months later I still had no car and it still wasnt fixed at this stage. I was told that he would fix the head gasket for me for €200 as I was a friend of a friend. He had tried to fix the current blown head gasket that was in my car but said it couldnt be done so he threw it away, at this stage my engine was taken apart. He tried to find a new one that would go into my car but he couldnt.
Another few months later I still had heard nothing. With plenty of attempts to get intouch with him there was still no prgress on my car. I then decided I didnt want it fixed as it just couldnt be done, so with no fixed car I did not owe the first agreed €200. It is now 5 or 6 months later and he has said I apparently owe him €300 for trying to fix the car and I refused, obviously as I still had a broken down car. He said I was not getting my car back that I was to either pay him €300 or hand him over my tax book for the car. He seemed to think he could hold my car instead of me paying him the money. I then requested if I could get my personal belongings out of my car, which consisted of my house key on my keys and he refused to give me my stuff and said I was not getting them unless I give him the tax book. Am I meant to give him a car for my own belongings? I contacted the Gardai but they said there was nothing they could do about it, useless. So I am completely stuck as to what I can do next. Any advice would be very helpful.

Thank You.

CIARAN_BOYLE

talk to a solicitor and bring a civil action through the courts

xFidelityx

CIARAN_BOYLE wrote: »

talk to a solicitor and bring a civil action through the courts

do you know how I could go about this?

Wile E. Coyote

xFidelityx wrote: »

do you know how I could go about this?

Here's a good place to start. Give one of them a call and they'll tell you excatly where you stand and what they can do for you.

http://www.goldenpages.ie/q/business/advanced/where/Kilkenny/what/Solicitors/

Atlantis50

Can't she just report the car as being stolen by the garage?

They are holding a car which you own without your consent. The car should be returned to you and the garage can then take a small claims court case to get the money if they wish.

BostonB

http://en.wikipedia.org/wiki/Lien

First off a head gasket should be a simple job. I don't really understand why it would take so long. If he can't do it, there must be some other problem or they are not a mechanic.

Problem is you handed over the car without being clear about what work was to be done. and up to what amount you would pay. Also never leave personal possessions or keys (other than the cars) with a garage or mechanic.

You really need a 2nd opinion of the car, but I assume he won't consent to that. If thats the case you'd need to go to the small claims court. But you will have to pay him something for his time I expect.

Wile E. Coyote

Atlantis50 wrote: »

Can't she just report the car as being stolen by the garage?

They are holding a car which you own without your consent. The car should be returned to you and the garage can then take a small claims court case to get the money if they wish.

She could report it stolen but that would be a lie. She has hired this 'mechanic' to do some work on her car which admittedly he can't do. He is obviously looking for payment for the time he has spent trying to fix the issue. The best thing to do is try negotiate with him for a lower amount. If that doesn't work then a properly worded solicitor letter will cost about €50 and might scare him enough into releasing the car to her.

MungBean

Wile E. Coyote wrote: »

She could report it stolen but that would be a lie. She has hired this 'mechanic' to do some work on her car which admittedly he can't do. He is obviously looking for payment for the time he has spent trying to fix the issue. The best thing to do is try negotiate with him for a lower amount. If that doesn't work then a properly worded solicitor letter will cost about €50 and might scare him enough into releasing the car to her.

The "mechanic" may be entitled to seek payment for any work agreed upon, this isnt a business arrangement its a spoken agreement between two individuals and there was no agreement to hold the car as collateral so any attempt by the "mechanic" to do this is theft isnt it ? The only agreement was to replace the head gasket which he didnt do so to me the owner is not obliged to pay for anything.

BostonB

Its called Lien.

Mechanics don't work on a no fix no fee basis (I've never met any), you'll always pay the labour. They may choose to waive the labour for goodwill. But I dunno what was "agreed". I reckon its going to be a judge that will dictate what's acceptable to both parties at this point.

flutered

each and every garage that i know of will retain posession of the car keys until the bill is settled.

xFidelityx

BostonB wrote: »

http://en.wikipedia.org/wiki/Lien

First off a head gasket should be a simple job. I don't really understand why it would take so long. If he can't do it, there must be some other problem or they are not a mechanic.

Problem is you handed over the car without being clear about what work was to be done. and up to what amount you would pay. Also never leave personal possessions or keys (other than the cars) with a garage or mechanic.

You really need a 2nd opinion of the car, but I assume he won't consent to that. If thats the case you'd need to go to the small claims court. But you will have to pay him something for his time I expect.

this man is not a mechanic and we all knew he had to fix the head gasket and we agreed on €200.

xFidelityx

flutered wrote: »

each and every garage that i know of will retain posession of the car keys until the bill is settled.

he does not own a garage, he fixes cars from his own back garden.

MungBean

This isnt a garage, its someone operating from their home. The agreement between the OP and the guy who done the work was in relation to a specific bit of work, replacing the head gasket.

The guy didnt do that and now is refusing to return the car until he is paid for his labour which was neither worded in the spoken agreement nor pre established through the terms and conditions of the service he was providing.

As for establishing what was "agreed" upon, the "mechanic" is the one who should have clarified the cost of his labour before undertaking the job. The burden of proof is on him and as such he is not entitled to demand the car as payment.

MungBean

xFidelityx wrote: »

he does not own a garage, he fixes cars from his own back garden.

Contact a solicitor is your best bet to resolve it. Keep us updated though, I'd like to hear how it pans out.

Reloc8

Car would appear to be fecked altogether - am I right that you don't want it back at all ? I mean, if it lands up outside your own house/in your driveway won't you end up having to dispose of it/scrap it ?

On balance if you don't want the car back, tell him he can have the logbook but you want your property. Meet him somewhere (bring a friend). Have him give you your stuff back. Give him the log book.

At the same time you'd be perfectly entitled to go to the gardai about your property, whatever about the dispute about the money he says he owes you.

Just thinking it through as regards the best way to get your stuff back, and also get rid of what seems to be a scrappy motor that you don't want anymore.

aujopimur

What car is it, make, age, value etc..

Our man in Havana

€200 for a head gasket is very cheap imho.

Markcheese

200euro would have been cheap... If he'd fixed it..... Months later with no fix in sight ???? if yr really pissed do a bit of digging then contact revenue... Prob better as a threat with a few bob to get yr car back....

Carawaystick

If someone you don't know well or trust has the key to your house and won't return it, I'd change the locks in the house and call the cops.

Del2005

xFidelityx wrote: »

he does not own a garage, he fixes cars from his own back garden.

If the engine has been apart in a back garden for several months you'll more than likely need a new engine, even though it looks like whatever "work" was done by the mechanic resulted in the engine being wrecked anyway.

Depending on the value of the car, < €1k, it may be cheaper to just walk away and learn a lesson.

xFidelityx wrote: »

Any advice at all is very much welcome.

I then requested if I could get my personal belongings out of my car, which consisted of my house key on my keys and he refused to give me my stuff and said I was not getting them unless I give him the tax book.

Not much use now. But you should always take your house keys and any non car keys off when handing the car keys to other people.

jdesbt

the car is worth e150 at least in scrap . but im sure a real mechanic can repair it..


yell him your solicitor would like to see a bill for the work he has done..


a bill with his vat reg number..
might frighten him

RandolphEsq

The more pressing issue is that you have been unable to enter your own house in the past few months. I would, if I were you, play the old 'solicitor's letter trick' on him.

xFidelityx

RandolphEsq wrote: »

The more pressing issue is that you have been unable to enter your own house in the past few months. I would, if I were you, play the old 'solicitor's letter trick' on him.

I have been able to as I had a spare key

xFidelityx

jdesbt wrote: »

the car is worth e150 at least in scrap . but im sure a real mechanic can repair it..


yell him your solicitor would like to see a bill for the work he has done..


a bill with his vat reg number..
might frighten him

That is a very good idea thank you.

xFidelityx

MungBean wrote: »

Contact a solicitor is your best bet to resolve it. Keep us updated though, I'd like to hear how it pans out.

At the moment I visited a local guard and he got in contact with him, turns out he has moved house and everything but denied having my house key is which a complete lie. The guard is going to visit him at his house and try and retrieve my items. As far as the car still goes, I know its not worth anything at all at this stage but in the end it still is my property and I have rights to it. Its not worth anything to me but it would be for him if I let him have it, he could sell parts off it and make a hundred euro at the most which he certainly does not deserve after being so smart about the whole situation.

xFidelityx

aujopimur wrote: »

What car is it, make, age, value etc..

I am not putting any of that info on here as it is not relevant.

sfaszka

I have similar issue. Brought my car for annual service and 3 weeks later it broke down. Breakdown service said the timing belt he fitted was fitted incorrectly or dodgy. When i got car back to him he said head gasket blew up as there was no water? so how did he do the service. Now he is telling me he had stripped my engine (without my permission) and he wont give me back my car (its worth quite a lot) until I pay him for stripping the engine.

Garda said its not a civil matter therefore they cant do anything about it. Please help.

BTW I have paid him for service and general repair of breaks and all €770 + 80 to tow my car and now he is looking for another €500

goldenhoarde

sfaszka wrote: »

I have similar issue. Brought my car for annual service and 3 weeks later it broke down. Breakdown service said the timing belt he fitted was fitted incorrectly or dodgy. When i got car back to him he said head gasket blew up as there was no water? so how did he do the service. Now he is telling me he had stripped my engine (without my permission) and he wont give me back my car (its worth quite a lot) until I pay him for stripping the engine.

Garda said its not a civil matter therefore they cant do anything about it. Please help.

BTW I have paid him for service and general repair of breaks and all €770 + 80 to tow my car and now he is looking for another €500

You would be better starting a new post and linking to this as its 18 months since it was updated before you

The motors forum might help too.