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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience:  Over 5 years in practice
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I have taken my car to my local garage who I am £5000

Customer Question

hello I have taken my car to my local garage who I am £5000 in credit with they have given it to a specialist clutch garage who have consequently charge THEM £2200. My garage have asked me to pay them for the bill but I have said no as they owe me £5000 and to pay it out of that. Can I go and pick my car up from the third party garage as it is not me that owes them for the work but my local garage and let them sort it out between themselves? thank you angela
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends.
Was this an entirely separate contract ? So you sourced the new garage and booked directly?
Or they booked for you?
Customer: replied 1 year ago.

no our contract was with our local garage we gave the car to them.

they then contracted the other garage to get specialist work done so we never had any contact with the garage that did the work.

the garage that did the work have invoiced our local garage not us?

Expert:  Jo C. replied 1 year ago.
If that is right then your contract is with your garage. If they have chosen to use the services of a sub contractor then that is a fine and they are free to do that but it doesn't change the fact that you are not in a contract with the third party.
In those circumstances, I cannot immediately see why you couldn't rely on your credit. The issue I suppose for them will be that they no longer have it as it has been spent on other things and they have to pay the other garage but that isn't your problem.
Unless you specifically agreed in advance to pay an extra amount for this work I cannot see how they can demand it.
Can I clarify anything for you?
Customer: replied 1 year ago.

yes please could you let us know if we are within our rights to go and pick up the vehicle as it is not us that owe them the money but our local garage?

Expert:  Jo C. replied 1 year ago.
No, they will be holding a mechanic's lien over it.
Come what may, the third party garage are not responsible for this.
They might agree but if you don't they cannot be forced.

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