Help, being ripped off and now they won't release car.
Discussion
Took my car to have a stereo, speakers and an amp fitted by a local fitter, and he told me that as I supplied all the components the cost would be around £150.00. I left the car with him and he made a start on it, took half the rear trim out, and that evening, I got a call from the fitters wife saying that he had been in a serious accident, was in intensive care, and they have arranged for another company, a friend of theirs, to finish the car for me.
I took the car to him, with the fitters wife, a couple of days later and he said as he is helping out his friend that when the job is finished, that I pay the original fitter and they will sort it out between them.
A day later when I went to pick up the car, I was told that the charge was now £700 and that I am to pay him, not the other guy, and the car is to stay there until it is paid. There are no grounds for this extortionate charge other than 'these are MY rates', the materials list for wires etc he gave me is at least 3 times over normal prices.
The original fitter is still in intensive care and cannot be reached and my car is now locked away in this guys workshop. I know about mechanics lien but is this the case here, can he hold it for days or weeks? I did not have the initial agreement with this guy and he is saying that this new charge was given to him from the original guy, but obviously I cannot confirm this.
I spoke to a couple of other companies and they said the original quote was fair.
What can I do?
I took the car to him, with the fitters wife, a couple of days later and he said as he is helping out his friend that when the job is finished, that I pay the original fitter and they will sort it out between them.
A day later when I went to pick up the car, I was told that the charge was now £700 and that I am to pay him, not the other guy, and the car is to stay there until it is paid. There are no grounds for this extortionate charge other than 'these are MY rates', the materials list for wires etc he gave me is at least 3 times over normal prices.
The original fitter is still in intensive care and cannot be reached and my car is now locked away in this guys workshop. I know about mechanics lien but is this the case here, can he hold it for days or weeks? I did not have the initial agreement with this guy and he is saying that this new charge was given to him from the original guy, but obviously I cannot confirm this.
I spoke to a couple of other companies and they said the original quote was fair.
What can I do?
Pay by credit card and dispute it later. Its dishonest (their behaviour) but I cant see how you will get the police involved. Trading standards dont exist any longer in any meaningful form and whilst Im not sure that he really does have a repairers lein on your car, Im not sure that an argument will get your car back. Any payment needs to be made under protest and Id ensure that this was recorded, even if there wasnt a three part invoice to write it on. Theoretically you could take him to court, but that really only works with legitimate businesses.
I had a similar issue with regards to a repairers lein. I took the car back, but it caused a good deal of trouble with Derbyshire constabulary, with one foolish junior PC insisting that he could charge me with stealing the car (I think hed spoken to the CP but hadnt quite grasped what theyd said). Theres a lot more to my story, obviously, but this isnt the place.
I had a similar issue with regards to a repairers lein. I took the car back, but it caused a good deal of trouble with Derbyshire constabulary, with one foolish junior PC insisting that he could charge me with stealing the car (I think hed spoken to the CP but hadnt quite grasped what theyd said). Theres a lot more to my story, obviously, but this isnt the place.
Call the police, instruct a lawyer, visit the CAB and get advice from them- none of these will actually help though.
Personally I'd be taking a set of bolt croppers to whatever is preventing me access to my car, paying the wife of the guy £150 and forgetting about the whole thing.
You may wish to purchase a new padlock and post the keys through the other business addresses front door so you don't leave the place unsecured
Personally I'd be taking a set of bolt croppers to whatever is preventing me access to my car, paying the wife of the guy £150 and forgetting about the whole thing.
You may wish to purchase a new padlock and post the keys through the other business addresses front door so you don't leave the place unsecured
How well do you know the guy in intensive care? The reason I ask is that something doesn't look right with this. The guy's lying in intensive care, his life's in the balance. Yet while this is going on, his wife contacts someone else to finish the work for him? Your man in intensive care isn't even getting paid by the sound of it? I'd like to think if it were me lying in hospital at deaths door, my wife would be more concerned for me?
Do you actually know the guy is in intensive care? Or has he just passed your car onto these other guys to pull your pants down?
I find it hard to believe his wife phones you the same day as her husband has been in some terrible accident, and arranges for an alternative company to finish the job.
ETA: Beaten to it by ^^
I find it hard to believe his wife phones you the same day as her husband has been in some terrible accident, and arranges for an alternative company to finish the job.
ETA: Beaten to it by ^^
To be honest this sounds ridiculous. He is trying to take advantage so I think you need to go there and insist on taking YOUR car. If he refuses then call the police and say he's stolen it. I wouldn't pay him a penny, take the car back and advise him to pursue you through the court for what is really a civil matter.
Or,if you are confident enough, go there with a couple of mates and insist on taking the car and if he tries to stop you, gently move him aside......... He is after all stopping you from getting your car, and to be honest if someone did that to me I wouldn't have any qualms about getting a little physical.
Or,if you are confident enough, go there with a couple of mates and insist on taking the car and if he tries to stop you, gently move him aside......... He is after all stopping you from getting your car, and to be honest if someone did that to me I wouldn't have any qualms about getting a little physical.
k anyones car who's in the garage for the first few days at least i'd be more concerned about his welfare.I have known the original fitter for a few years as he has done odd jobs on other cars I have owned, and I do know that he is in fact in intensive care, so it is not a scam.
I don't know this other guy and have not had any dealings with him before. If the other guy was here I would easily sort this out, but have tried calling him and his wife today and neither phone is answering which has me worried both for his health and how long it is going to take me to get my car back. I heard yesterday that he was in the operating theatre again for internal bleeding, so I am worried about him.
I am being taken advantage of by this second guy, it is a Merc W124 Cabriolet so not on finance and his extortionate charge is a real problem. The simplest thing is to wait until the other guy gets out of hospital but it looks like it is going to take a while, maybe weeks.
The lawyer/police option I think is how I need to do this as the cancelled credit card/cheque method may make me the fraudulent one. Using heavies in this small society just backfires on you, as there are always heavier ones.
I don't know this other guy and have not had any dealings with him before. If the other guy was here I would easily sort this out, but have tried calling him and his wife today and neither phone is answering which has me worried both for his health and how long it is going to take me to get my car back. I heard yesterday that he was in the operating theatre again for internal bleeding, so I am worried about him.
I am being taken advantage of by this second guy, it is a Merc W124 Cabriolet so not on finance and his extortionate charge is a real problem. The simplest thing is to wait until the other guy gets out of hospital but it looks like it is going to take a while, maybe weeks.
The lawyer/police option I think is how I need to do this as the cancelled credit card/cheque method may make me the fraudulent one. Using heavies in this small society just backfires on you, as there are always heavier ones.
As I understand the situation and basic contract protocol (and assuming English law applies)
Your contract is with the original repairer.
He (his wife) has sub-contracted the work.
You will settle your account with the original repairer, for the originally quoted (or other, agreed) amount.
The sub-contractor will bill the original repairer ... and they can sort out the amount to be paid.
As you have no contract with the sub-contractor, he has no claim against you and you have no liability to him. He should return the car to the original repairer upon request.
When you report this to the police, make it clear that this is not a civil matter between you and the sub-contractor.
I stand to be corrected by the legal eagles.
Streaky
Your contract is with the original repairer.
He (his wife) has sub-contracted the work.
You will settle your account with the original repairer, for the originally quoted (or other, agreed) amount.
The sub-contractor will bill the original repairer ... and they can sort out the amount to be paid.
As you have no contract with the sub-contractor, he has no claim against you and you have no liability to him. He should return the car to the original repairer upon request.
When you report this to the police, make it clear that this is not a civil matter between you and the sub-contractor.
I stand to be corrected by the legal eagles.
Streaky
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff