Garages - NOT giving you the car back ???

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Garages - NOT giving you the car back ???

Post by Gone @ Tue Mar 11, 2008 6:42 pm

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Re: Garages - NOT giving you the car back ???

Post by Lord E. Lordy @ Tue Mar 11, 2008 6:44 pm

I believe that you have contractually agreed to pay for the work done and the only tender they HAVE to accept is cash (sterling, obviously). Therefore, had you taken the car without paying cash or tried to insist on paying by cheque, you'd have been in the wrong.
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Re: Garages - NOT giving you the car back ???

Post by llamekcuf @ Tue Mar 11, 2008 6:58 pm

Depending on the circumstances, they may have a lien over the car until they have received payment.

http://en.wikipedia.org/wiki/Lien
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Re: Garages - NOT giving you the car back ???

Post by sleep envy @ Tue Mar 11, 2008 7:26 pm

yep, they own the parts to which the car is attached therefore can rightfully refuse to give the car back to you

O/T - did you get my PM?
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Re: Garages - NOT giving you the car back ???

Post by outlaw @ Thu Mar 13, 2008 2:42 am

If its out side and you got the spare keys theres no law against you driving it away.
There only course of action would be to file a cliam for the amount owed via the small claims court.

personaly I would have just drove it home and posted a check - the amount for get a new set of spare keys cut. They would look prity stupid doing a small court claim and saying you payed and they never tryed banking it.
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Re: Garages - NOT giving you the car back ???

Post by ^Slider^ @ Thu Mar 13, 2008 5:16 pm

IIRC

As the garage have a interest or right over the vehicle due to monies owed on the vehicle i suspect it could be classed as TWOC as they have a right over the vehicle.

I vaguely remember a scenario question at training school for this very scenario.
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Re: Garages - NOT giving you the car back ???

Post by Gone @ Thu Mar 13, 2008 5:26 pm

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Re: Garages - NOT giving you the car back ???

Post by ^Slider^ @ Thu Mar 13, 2008 5:43 pm

Well the registered keeper isnt always classed as the owner.

An owner can be anybody with a right to the vehicle. And i **Think** as such the garage have a right or interest in the vehicle financially as they have put parts on the vehicle at their cost and have yet to be reimbursed so the parts become yours.

I think the owner is defined as anyone with a right or propriety (Sp) interest in the vehicle.

Ie finance company actually own the vehicle untill payed in full, however the right is deminishing as you own more of the vehicle the more you pay, if they were to come and take your vehicle because of non payment then they have every right to do so, you could report it as TWOC'd and it would be sorted out most probably as a civil matter. If they want the vehicle back and you refuse them then it **Could** be classed as TWOC, again most probably sorted out as a civil matter but you could be liable to be arrested.

Or, your other half brought a car for you, you split uo and she wants the vehicle back, you refuse, then it becomes TWOC. If you jointly paid for the vehicle the same could still apply.

Usually common sense prevails but the offence i think is complete.

Hope that made sense, Like i said i remember the scenario at Training school and the result was TWOC
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