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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long after the initial repair did the the light start flashing on the van? Also, have you queried the price with them directly at any point?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
You may indeed take the van without paying if you are dissatisfied with the service. This is not a criminal offence and does not amount to theft or anything similar. It is a civil issue which can only be resolved in court. So in effect if you take the van away and not pay, they will have to consider whether to take the matter to court to pursue you for the fees owed or let the matter go.
Similarly, they can hold on to the van if you have not settled the invoice in relation to the repairs. This is called lien and it is a right they get under common law. They are basically holding the van as security for the debt owed in relation to its repairs. You may disagree with the fees owed but that is your opinion against theirs and again only a court can rule in that.
So in the first instance it would be for them to make a claim if necessary in the second case – for you to issue the claim
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to give back the van, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hi there, unfortunately someone else accepted the call offer so I do not know who that is or why they were unable to contact you. If you have not yet received a call then please contact customer services from the Help section to discuss that. The written advice is treated entirely separate so I will continue with that on here.
Going back to your query, you can only really consider claiming against them for actual and direct losses, you cannot include stress, inconvenience, etc. The issue with asking them to complete the work and taking the van is that they may not release the van until you have completed payment so you could be stuck with no van until some kind of settlement is agreed. In the circumstances you could consider getting the van back and getting the repairs done elsewhere then trying t pursue them for these costs.
You can drive away if needed but as long as you are confident that you can do so safely and without causing any issues, such as people trying to block you and you having to drive past them and endangering them. It would then be for them to take you o court for the money they believe you owe them. So you can drive away of you are able to do so but you will potentially be facing a claim by them for what they believe you owe them abut then at least you will be able to challenge that legally if needed.