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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have paid Mercedes Benz £2,330 as the engine management

Customer Question

I have paid Mercedes Benz £2,330 as the engine management light started flashing on my van. They fixed the van and 4 days later the van had the same issue.
They have since taken my van back, and said it may be a bigger problem.
There have been multiple examples of incompetencies during the process and now I am totally dissatisfied with the service.
My question is, if when I collect the van they invoice me £2,000, can I legally take my van away without paying, and tell them we will make a more reasonable arrangement either in court or with their superior?
Can they legally hold onto my van if I do not pay the fee even though I am totally dissatisfied with their service?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

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?

Customer: replied 6 months ago.
The van only has the problem on the motorway so it was 4 days after the repair. This was the first time the van went on the motorway since the repair.The figure paid was for a multitude of supposed problems, but I have a very strong feeling they have up sold me things that were not necessary. I cannot prove this though.I have since seeked independent advice regarding the van, and the opinion was that Mercedes have looked in perfectly the right places but did not resolve the problem. They changed parts but did not fix the computer malfunction.Due to this, I have incurred significant costs to keep my business running.It is likely my list of subsequent expenses and my desire for compensation will exceed the £2,330 already paid.I do not want to pay another penny unless we can settle in court or make other arrangements. I am not happy at all.
Expert:  Ben Jones replied 6 months ago.

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.

Customer: replied 6 months ago.
Thank you Ben
Expert:  Ben Jones replied 6 months ago.

No problem at all.

Expert:  Ben Jones replied 6 months ago.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Mercedes have written to me staring the final repair is a cost of approximately £500. But as I am a valued customer, they are only charging me roughly £210 for the part and no labour.The job they are now doing was one of the first things they checked with the area of the fault. This is what an independent source from a reputable company has told me.Due to their incompetence I have suffered financial losses of approximately £500, plus my time and stress levels.I beleive Mercedes owe me money. How should I proceed? Can I ask them to complete the work, take the van, and not pay a further payment until an acceptable settlement has been agreed?I do not want to pay them any more money.
Customer: replied 6 months ago.
I received a call but the line went dead!!!!!! I have not spoken to anyone about my case yet!!!! Please arrange a call!!!!
Expert:  Ben Jones replied 6 months ago.

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.

Customer: replied 6 months ago.
If they complete the works and I ask to view the vehicle, and I have the key, could I drive the van away and inform them that I am not happy with my overall experience. As a result of my dissatisfaction I will contact them shortly with my request for losses.They claim I owe an additional £200, but they have cost me much more than this figure due to their incompetence.If I have the key in my hand can I drive my van away without paying?
Expert:  Ben Jones replied 6 months ago.

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.

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