need legal advice

sturll

Conor wrote: »

Because they've successfully manipulated the legal system to make it a requirement.
The world would be a better place without lawyers.

No, it's because you're illiterate. I post on here having had a few, having worked a 14hr shift and having worked a 60+hr week but I manage to post with a level of literacy above that of a primary school child.

I really do not know what to say to a person who believes lawyers are a bane on society and the world would be better off without them. I suppose that comment alone removes the last shred of credibility any future statement you make may have had. Although i've not seen much evidence of it so far.

But then how could i possibly, when i have the literacy skills of a primary school child. (well by that i am lazy and dont bother putting the odd comma here and there) Still, im not sure what is worse, reading the basic standard of "the cat was black and the big bus was red" or picking up typos. Or even worse, having to justify claims you make or assumptions you believe to be true with nothing other than what is essentially "I know more than you because you made a typo"

Pathetic really.

Good day.

markelock

this is the old brain surgery/rocket scientist argument.

the answer is obvious.

the real question is should the OP pay? Surely the garage should have (and perhaps did) outline what could be wrong, what their approach would be, and how much that approach would cost the OP.

If they did not, and decided to go for pot luck, then perhaps they shouldn't pay.

will they get their car back if they refuse to pay?

OP, ring citizens advice, having made sure you have notes of every conversation, the date, time etc. they will advise you.

sturll

markelock wrote: »

this is the old brain surgery/rocket scientist argument.

the answer is obvious.

the real question is should the OP pay? Surely the garage should have (and perhaps did) outline what could be wrong, what their approach would be, and how much that approach would cost the OP.

If they did not, and decided to go for pot luck, then perhaps they shouldn't pay.

will they get their car back if they refuse to pay?

OP, ring citizens advice, having made sure you have notes of every conversation, the date, time etc. they will advise you.

Unfortunately once the garage has done (agreed) work on a car and prior to payment they have an equitable interest in that car. Which essentially means it overrides and legal interest the owner has and means that in practice the garage can legally refuse to give the car back.

Id say going to CA is good advice. That way the OP can be sure all the right procedures and legalities are being adhered to and if the have been ripped off there may be some sort of recompense.

Pew_Pew_Pew_Lasers!

sturll wrote: »

Mechanics are over paid grease monkeys that charge stupid amounts of money for doing minimal work most of the time. Like £190 for the inlet pipe, so not only do the garage know the owner of the car is distressed because their car is knackered, but they continue to take advantage of his need for his vehicle by charging a stupidly overpriced amount for a pipe that costs approx 600% less.

Perhaps you should re-read the original post, which talks of the inlet manifold costing £190, and the pipe being extra to that cost.

Lawyer eh? I don't think I'd want to employ you to represent my interests.

Tozer

Conor wrote: »

I can do your job. After all, everyone knows it's the legal secretaries that do the work and you just sign the paperwork.

.

No you can't - not without the training anyway.

But, equally, Sturll can't do your job. That's kind of the way it works.

Disappointing comments from Sturll though - bit more respect for other people's skills always goes down well.

[Oh, and I don't even have a legal secretary to do my lawyering! ]

Tozer

sturll wrote: »

Unfortunately once the garage has done (agreed) work on a car and prior to payment they have an equitable interest in that car. Which essentially means it overrides and legal interest the owner has and means that in practice the garage can legally refuse to give the car back.

Id say going to CA is good advice. That way the OP can be sure all the right procedures and legalities are being adhered to and if the have been ripped off there may be some sort of recompense.

I don't think there would automatically be an equitable interest at all unless there was a contractual lien taken over it. If not, the garage has a debt claim.

I think the point is, did the OP actually contract to pay a limited amount for diagnostic and repair or was it a case of "fix my car" in which case the garage is entitled to charge what is appropriate.

sturll

Pew_Pew_Pew_Lasers! wrote: »

Perhaps you should re-read the original post, which talks of the inlet manifold costing £190, and the pipe being extra to that cost.

Lawyer eh? I don't think I'd want to employ you to represent my interests.

You couldn't afford me anyway

sturll

Tozer wrote: »

I don't think there would automatically be an equitable interest at all unless there was a contractual lien taken over it. If not, the garage has a debt claim.

I think the point is, did the OP actually contract to pay a limited amount for diagnostic and repair or was it a case of "fix my car" in which case the garage is entitled to charge what is appropriate.

Yes but if the garage has been asked to do a particular repair - and they have done that - they now have an equitable interest in that vehicle. They have every right not to return the car until payment has been made. That is they can assume legal title. And their beneficial interest will override that of the actual legal owner.

It wont be a lien since that is more common in hire purchase agreements as oppose to a garage carrying out a job. Perhaps the garage could argue that they have created a lien in sight of the vfact payment has not been made, but i think they could quite comfortably rely on their equitable rights over that vehicle.

Tozer

sturll wrote: »

Yes but if the garage has been asked to do a particular repair - and they have done that - they now have an equitable interest in that vehicle. They have every right not to return the car until payment has been made. That is they can assume legal title. And their beneficial interest will override that of the actual legal owner.

It wont be a lien since that is more common in hire purchase agreements as oppose to a garage carrying out a job. Perhaps the garage could argue that they have created a lien in sight of the vfact payment has not been made, but i think they could quite comfortably rely on their equitable rights over that vehicle.

I have to say that this is rubbish. How can the garage assume legal title?

I think you need to check when liens are actually used and how they can be created....

sturll

Tozer wrote: »

I have to say that this is rubbish. How can the garage assume legal title?

I think you need to check when liens are actually used and how the can be created....

Tozer are you joking?

I don't work in Contracts but i know what lien is and you are referring to tradesmens lien which is not widely used in the UK. Lien in the UK (ENG/WAL) (if my memory serves me) can only be created without agreement and when someone fails to keep a payment whereby the property in question was or is to be assumed as security. i.e hire purchase agreements.