Can garage refuse to release my car??? Please help!!!

AmandaPrs

I bought a ford focus from dogdy car dealer. Car broke down after six weeks so I have returned the car to dealer for repairs. Dealer pass the car to local garage for repairs, but instead of repairing it they pass the car to ford dealer. Now year on since I bought the car, car dealer closed down leaving me without the money and without the car.
The ford garage say they would release the car but want me to pay £520 for car that still needs new engine (they haven't done any repairs)
Can I have my car back without paying them?? I didn't put my car in there and didn't authorize any work to be done.

sharpee

Are you saying the garage has had your car for a year to fix it?

AmandaPrs

Ford had my car since 4 months, before it was in the local garage. It took so long because I was following trading standard advise to go through Court and do it by the book which meant - give them as much time as they need at every stage of the process.

Now Ford threatening they will seek to take legal ownernship of my car if I don't pay them

pmduk

If trading standards are already involved then they are best placed to advise you.

arcon5

I can't imagine them having the legal right to repossess the vehicle, nor invoice you for it since you have no contract with them -- you asked the dealer to sort it out.

I'd go for a free consultion with a solicitor and perhaps have them send them a letter to return the vehicle and chase their client for any funds.

bris

They have a lein on the car and can keep it until paid. Google what is lein for more info.

mynameisdave

bris wrote: »

They have a lein on the car and can keep it until paid. Google what is lein for more info.

The property they are holding is not owned by the person who has the debt. I fail to see how they can have lien on it.

[Deleted User]

They may not have a lein.., the OP says they have done nothing to the car.., it needs a new engine but I assume the engine hasn't been provided or fitted.

I'm afraid (my OH is a mechanic) garages will usually refuse to hand over a car until their fees are paid. However, in your situation, I do not see how they have a right to refuse to hand over the car.

A lien is only possible between the original car trader and the owner if the owner has a credit agreement with them (HP type) and has not paid the money owed off completely from what google says. I have seen no mention of a garage being able to put a lien on a car.

In your situation, I'd contact Trading Standards pretty quickly followed closely by a visit to a solicitor. Even tho Ford are a big company, and should follow proper procedure, I know from experience with my OH, they do not always keep to the law.

bris

If you are in dispute and refuse to pay the price the garage is charging, the garage is entitled to exercise a lien over the car (this is a legal right to hold disputed goods until payment is made). In these circumstances, the only way you can recover possession of the car is to 'pay under protest' and to pursue your claim for reimbursement via a trade association, if the garage is a member of one, or in court. If paying under protest it is advisable to make this clear in writing (e.g. writing the phrase 'paid under protest' on the back of the cheque).

mbugle

Wow, car dealers are so dodgy. I think as the other posters have said, trading standards will be your best bet. Good luck!

AmandaPrs

Thank you all for your answers. I did contacted trading standards and also CAB and after one day dealer agreed to release my car :j