Am I within my rights?
Discussion
I advertise/bid for work via a website online.
They advertised/offer financing for the customers.
One customer asked for finance so I phoned the company and they said yep no problem you'll be set up to offer it within 24 hrs.
So I agreed with the customer.
Anyway not 100% sure what happened but the finance company didn't get us set up. I was so busy I didn't chase but offered to finance it myself.
They said £200 on completion and £50 a week to clear the £480 bill.
Anyway dropped car back (way too trusting!) and emailed bill. There was a delay in car getting back so just wanted it back for them.
They said no probs will put the £200.
Never happened.
Said they'll pay £50 as going on benefits and that didn't happen.
Wife has been professionally but firmly chasing.
They've now emailed saying there's a slightly gearbox oil leak that wasn't there before.
There was a leak, we did put new input and shaft seals in but fair enough perhaps there is a leak.
They want me to take a look.
We're now thinking get the car back and flat out not release it til bill paid.
Can I do this?
They advertised/offer financing for the customers.
One customer asked for finance so I phoned the company and they said yep no problem you'll be set up to offer it within 24 hrs.
So I agreed with the customer.
Anyway not 100% sure what happened but the finance company didn't get us set up. I was so busy I didn't chase but offered to finance it myself.
They said £200 on completion and £50 a week to clear the £480 bill.
Anyway dropped car back (way too trusting!) and emailed bill. There was a delay in car getting back so just wanted it back for them.
They said no probs will put the £200.
Never happened.
Said they'll pay £50 as going on benefits and that didn't happen.
Wife has been professionally but firmly chasing.
They've now emailed saying there's a slightly gearbox oil leak that wasn't there before.
There was a leak, we did put new input and shaft seals in but fair enough perhaps there is a leak.
They want me to take a look.
We're now thinking get the car back and flat out not release it til bill paid.
Can I do this?
1. A mechanic can assert what is known as a lien over a car, and retain possession of it until paid for work done on the car.
2. Having said that, it might be somewhat redolent of bad faith for you to agree to take the car in for further work simply because you wish to get your hands on it and assert your lien.
3. Given the demographic that you are dealing with, there may be a possibility of, shall we say, scuffles.
4. Perhaps you ought to aim a bit further up market. Extending credit to people who cannot afford a bill of a few hundred pounds is never likely to be a sound business model for a small trader.
IAAL. IANYL.
2. Having said that, it might be somewhat redolent of bad faith for you to agree to take the car in for further work simply because you wish to get your hands on it and assert your lien.
3. Given the demographic that you are dealing with, there may be a possibility of, shall we say, scuffles.
4. Perhaps you ought to aim a bit further up market. Extending credit to people who cannot afford a bill of a few hundred pounds is never likely to be a sound business model for a small trader.
IAAL. IANYL.
Sounded like you acted in a trusting way which 90% of the time is fine. Nice for customers and is good for business development.
I do agree that asking for finance on a £480 bill is a little strange but who am I to judge! Not a massive amount of money but certainly not inconsiderable. Personally the cheek to complain about work when they haven't paid you anything is ridiculous. If I could get the car off them and hold the car in lieu of payment I'm pretty sure I would as well. Threat of physical violence I don't think should be an issue and if it is then I'm positive this won't help there case! By the sounds of it if they are on benefits I doubt you will see any money so I think the car would be your best shot at recovering any sort of money/asset. If the money doesn't really concern you I would leave it as I would expect them to make a nuisance out of themselves.
I do agree that asking for finance on a £480 bill is a little strange but who am I to judge! Not a massive amount of money but certainly not inconsiderable. Personally the cheek to complain about work when they haven't paid you anything is ridiculous. If I could get the car off them and hold the car in lieu of payment I'm pretty sure I would as well. Threat of physical violence I don't think should be an issue and if it is then I'm positive this won't help there case! By the sounds of it if they are on benefits I doubt you will see any money so I think the car would be your best shot at recovering any sort of money/asset. If the money doesn't really concern you I would leave it as I would expect them to make a nuisance out of themselves.
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