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If a dealer caused an issue and tried to charge you for it, are they allowed to keep your car?

  • 22-01-2025 9:04pm
    #1
    Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭


    Can they hold the car until you pay even though it was clearly their fault and you refuse to pay? I would presume they must release your property but can come after you legally if they wish?



Comments

  • Registered Users, Registered Users 2 Posts: 179 ✭✭hhmmm?


    Elaborate on what they supposedly caused



  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭gutteruu


    Whilst doing one job requested, they messed with something completely different off their own bat, which then broke after requiring even more repairs. If they wanted more money to fix the thing they messed with and you refused to pay, are they allowed to withold your vehicle.



  • Registered Users, Registered Users 2 Posts: 1,393 ✭✭✭VeVeX


    You need to tell us what work was being done on your car and what was subsequently broken or damaged. Your vague description sheds no light on your predicament.



  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭gutteruu


    Sorry, can't just yet. Only thing I'd say is a car was sent for repair of one item. They replaced a completely seperate item in the car without agreement. I paid for it, reluctantly, as it was 600% more expensive than the equivalent part in a motor factor. That new part has caused failure in that system and other parts are required. If they demanded large payments for even more parts as a result and I refuse, are they correct to withhold the car until they receive more payment?



  • Registered Users, Registered Users 2 Posts: 8,275 ✭✭✭Esse85


    I doubt they can hold onto the car as security. Essentially that's extortion. I mean what if the car is worth €80k and outstanding balance is €1k, hardly seems reasonable.

    Depending on the money owed, surely there's a time period to pay this off again meaning they can't hold onto your car until the debt is settled.

    That's my thoughts, I could easily be incorrect, so curious to hear from a more knowledgeable source.



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  • Registered Users, Registered Users 2 Posts: 499 ✭✭Dirty Nails


    In theory they can't hold a car for non payment but likewise they still own their investment in your car until you pay for it so it's really a no win situation. As far as a new part causing a failure elsewhere, I wish you luck proving that.

    Also your 600% price difference?? I'd suspect serious exaggeration. 60% between chinese spurious & genuine part would be high.



  • Registered Users, Registered Users 2 Posts: 1,393 ✭✭✭VeVeX


    They should have got your permission to do anything outside of what was initially agreed.

    The fact the part was more expensive is to be expected. And the fact it needed a secondary repair is always a risk when working on any vehicle.

    However, it is not acceptable in my opinion to proceed with an unauthorised secondary and costly repair without the customers approval. That is the point I would argue.



  • Registered Users, Registered Users 2 Posts: 23,776 ✭✭✭✭mickdw


    A random scenario might be that you sent can in for brakes, garage discovered worn wheel bearing and replaced without permission which you paid. Later something failed on the new bearing and caused damage around the hub.

    Would I pay - well I'd want to see if it was a direct failure of the new part and if so, no I wouldn't be paying. But it's possible there are issues with the car causing failure so without more info, impossible to say.



  • Registered Users, Registered Users 2 Posts: 1,256 ✭✭✭GavPJ


    If it is a black and white case of them changing something you didn't ask them to change

    and they did not get you to sign anything to authorise the work, no they cannot carry out

    the work and should not have carried out the work. I've seen a few court cases over things

    like this and it (nearly) always goes in customers favour.

    1 case in particular I remember was a neighbour had his Freelander recovered into a

    Landrover dealer after it stopped on the road. The dealer replaced injectors and fuel pump

    then phoned to say it was ready and produced a bill. He took it to court and won.



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