Need urgent advice about a car in the garage

dustedpetals

Hi everyone,

I really need some help and don't know where on earth to turn. I took my car into the garage on Friday as I knew the clutch needed to be replaced, my MOT guy told me that it was wearing down but ever so slightly, but said it's not urgent.

So I planned to sell my car as I have recently bought a brand new Fiesta Titanium (on Thursday), and didn't want to sell my current car with a clutch that would soon go. Whenever I didn't have my foot on the clutch, I noticed a slight noise so thought it's only fair to sell it in good condition, right? I didn't want anyone to be in danger due to my car, even if it's not a huge deal or urgently needed to be fixed right now.

I took it to the garage that quoted the medium price only because my partner has used them before and had no problems at all. He paid them £180, they quoted me £263 for mine. We had the same peugeot 206s but his was a 2004 and mine only 1999, so I thought "fair enough" and booked it in the next day.

Next thing I know, the car is half stripped out and I'm told it's going to cost me £769 to do the work as the gearbox also needs replacing (I didn't think so...). I was extremely surprised and told him I didn't have the money over the phone. He said he'd call me back. When he called back later that day he said he also found the flywheel was worn and I needed it resurfaced. I told him then I absolutely do not have that kind of money and was expecting just a £260 bill the same morning, so didn't know what to say. His response was that he'd sort out an arrangement and call me in the morning before they put anything in.

the next day I was busy in the ford garage finalising my new car and arranging my pick up date of Wednesday next week. No call from the garage and when I called them it rung out.

Then around 3-4pm I had a phonecall and the guy said "We just finished the work on your car, we did the flywheel for free and it will be £769". I was so shocked and mentioned the expensive-ness of it. I said I'd pick it up when I could as he was so pushy I found it difficult to say anything to him. When I got off the phone I was so upset that I did not collect the car as I wanted to find out where I stood and think of a plan on how to come up with this kind of money that I didn't expect to pay.

This morning he called again and I mentioned to him that I simply CANNOT afford this cost and that if anything he may aswell just keep my car as it's more expensive than even the value of it. He said he wants £450 and to keep my car also. I said 'no, I can't do that.' I mean why should I give him my car AND £450? What?

Now it's basically ended with this... he says I have 10 days to sell the car online using auto trader for the value of the work (£770) and he will keep it in his garage until the 25th september. If I can't find a buyer of equal value, I have to pay him myself and until then I cannot access or have my car back.

He won't accept any less than either two options:

Pay him £769.00 by direct debit.
Pay him £450.00 and he keeps the car forever.

NOTE: My business equipment, two sat navs, important documents and business products are ALL in that car including my client book. He won't let me access them until I pay. I run a fairly large cleaning company and not only am I now WITHOUT a car until I get my new one on Wendesday, I've lost all my equipment, products and am in debt by £769.

If I do not pay up by 25th September he will charge me a £15 fee per day and still not give the car back.

I am at an utter loss. It is a franchise and the head office is now closed, but he also says I signed for permission on the works. I signed a small A5 sheet of paper with my name, address and contact details alongwith a checklist of work to be done. I ticked "CLUTCH", nothing else - and signed it. There was NO value or quotation written on that form, at least not when I signed it.

I have nothing in writing with the quote of £250 and nothing in writing to say I authorised the clutch only.

What can I do to get my car back? Do I just pay him £450 and lose my car too? Do I default the deposit on my new car and owe them £18,000 for the sake of a £769 bill? Can I somehow get them to only charge me the £260 I was quoted?

And my next concern is... if I tell them to put everything back and I won't pay them a penny, what if my car comes back damaged? And also, what about the three days I won't be able to go to work (Sunday to Wednesday) and lose around £450 in business profits due to them taking my car?

They're not open now until Monday so I have no way of getting it back no matter what, so regardless, I still lost all my client money for a job we have tomorrow quoted at £165.00.

Please somebody help me, if you need to know more just ask. I'm just so upset and frustrated, I have been in tears all afternoon and no idea where to turn or who to ask.:(

Also if it helps, this company is a franchise across the UK, it's on a main town road, not a private job. the company is called mr clutch. So I would have expected better service, surely?

Many thanks for your help.

Laura

Sgt_Pepper_2

Do you have a copy of what you signed?

Tilt

If you sent it in just for a clutch replacement and they found something else wrong, then they should have contacted you before they did anything else. If they have carried out work above and beyond what you asked them to do, then that is their problem.

However, at the moment they have your car so they hold all the ace's. But you could claim loss of earnings from them if they have prevented you from working but that would mean a possible lengthy court case.

I suggest you get on to their head office on the stroke of 9am on Monday morning http://www.mrclutch.com/contact-us/?customer-relations and explain the situ to them. Indicate that as well as wanting your car back repaired and intact as per your instructions immediately, you will be seeking loss of earnings from their branch.

colino

The garage is treating you like a gulible fool. Be very clear what work you authorised before speaking to them again.
If they were authorised to do work, they certainly have a lien on the car until the disputed bill is resolved, what they certainly can't do is keep your possessions from you.

atrixblue.-MFR-.

they can keep your car untill you pay or sell it themselfs and recover the costs and refund any profit of the sale minus the work back to you.
they are not entitled to withhold unrelated property inside the vehicle or prevent you from earning an income, if you have lost £165.00 as a result after asking for the items from the car, i would be asking them to take this loss off the cost of repairs.

if they went ahead, and fitted items without permission then that is tough either take it out or leave it there and not charge for it.

pugs are prone to gearbox issues and when you said you heared a noise or metallic wurring from the box when you released the clutch i thought gearbox bearings wich are a known fault but not a majour problem as you can run on a faulty bearings gearbox for a long time, you could have had the clutch replaced, and intructed to refit original box and sell it with the known fault in the description when selling.

i would be talking with their head office, you mentioned before fitting you didnt have the funds they went ahead anyway and did it so in my mind i would pay the original bill of what you were quoted and simply say you fitted the rest on their onw heads and your not paying for it. and want your car back.

Joe_Horner

If they won't sort it out then you may need to pay under protest then sue for the cost of the unauthorised work. In the case of a verbal contract that's about the only way to proceed.

Contact Citizens Advice before paying, and also about recovering any posessions that are in the car (the garage has NOT right to retain those)

Strider590

dustedpetals wrote: »

NOTE: My business equipment, two sat navs, important documents and business products are ALL in that car including my client book. He won't let me access them until I pay. I run a fairly large cleaning company and not only am I now WITHOUT a car until I get my new one on Wendesday, I've lost all my equipment, products and am in debt by £769.

Why would you leave all that in the car? I don't even leave spare light bulbs in mine if it goes into a garage.....

I think you can count your sat navs gone.

Have you been reasonable with these people? Its just you say you run a company and I know managers can forget they are in fact nobody's outside of work.
If you've been reasonable, then the police are you next port of call for getting your stuff back.

forgotmyname

Pay by credit card and put paid under protest on the receipts. And file for a partial refund?

arcon5

Turn up with some large friends and refuse to leave until you have your business stuff?

Perhaps put your complaint in writing, that you did not authorise the work, demand the return Of your vehicle. Tell them you will sue them for vehicle value less cost of authorised repair.

Sgt_Pepper_2

I'd be tempted to go back with the spare key, pay the £260. While a mate drives it away.

maninthestreet

I'm puzzled why you chose to repolace the cluch on a vehicle you were selling when it was only very slightly worn - you should have left that to the future new oner to worrt about....