Van in mechanics 6 months now

Icelandicseige

Hi folks,
I have a van that I brought to a mechanics to get fixed. It has been 6 months since I brought it in and everytime I try to get in contact with him he won't answer the phone to me or when I call down he tells me he has been to busy to look at it. It has devalued the van by about 2000 euro just sitting there getting rusty. Do I have any rights? Could I bring this guy to court ?

seamus

Take the van and bring it somewhere else?

cruizer101

Whats wrong with the van?
Is he stopping you from taking it away to another garage?

Icelandicseige

The van isn't going so I said that to if he just gets it moving I will come and collect it.
He told it was starting one time I rang him. When I got down there to drive the van out. It mysteriously wouldn't start he said it now needs a new starter. He said do you want me to get a starter for you. I said yes of course I need to get the van moving that's 1 month ago now everytime I ring him he won't answer to me.

godtabh

Get it towed some where else. It isnt rocket science. Why did you let it go on for so long?

seamus

Go down with a mate and a tow rope, or get a recovery company, and take the van, bring it to a mechanic who has confirmed that he'll do the job.

Is this mechanic a friend or someone offering to do you a favour? It sounds like he doesn't consider it to be worth any money to him, hence why he's just leaving it there.

Legally there's not a whole lot going on here. He's not "keeping" your van, he's just not doing anything with it. At any point you could have taken it.

fryup

did you have a "barney" with him by any chance?

maybe he's just leaving it there out of spite ??

Icelandicseige

I was hoping to not have to take the expense of getting a recovery truck out.
its a big van so would need something similar to tow it. Thats why I was hoping if it was going so I could drive it out.

I drove it down there. It was going when I brought it in to get something else done on it.
Guess the only option is to take it out and never go back to him..

godtabh

Icelandicseige wrote: »

I was hoping to not have to take the expense of getting a recovery truck out.
its a big van so would need something similar to tow it. Thats why I was hoping if it was going so I could drive it out.

I drove it down there. It was going when I brought it in to get something else done on it.
Guess the only option is to take it out and never go back to him..

What was the bigger expense? 6 months at €2000 or or the cost of a tow truck?

NUTLEY BOY

In simple terms I would look on this as a matter of contract and a matter of bailment. The longer OP leaves his property in the custody of the mechanic the more he is actually acquiescing in the face of the inactivity of the mechanic.

I would make strenuous efforts to remove the van and without prior notice i.e. just turn up with a posse to deal with the errant cowboy and seize back your own property.

Doubtless the cowboy will try it on and look for storage charges and or money for work done. The latter could include time spent tracing the fault and so on and there may be some money actually due on a quantum meruit basis. If this argument arises ask the cowboy " well what exactly did you do in the length of time that it has already taken you to achieve precisely nothing ?". I would then agree a nominal figure with him and depart promptly. If you pay cash make sure that the transaction is witnessed by your posse.