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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75973
Experience:  Qualified Solicitor
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I have dispute with a mechanic over a negligent repair on

Customer Question

I have dispute with a mechanic over a negligent repair on car no. 1. He is trying to secure his payment by selling my another car no2 - different car, I have left with him for repairs. He is not doing repair to this car, wants parking charges, and is threathnis of selling this car. I contacted the police to recover the car from him as I am aware this is not legal and this matters are separate however the police do not want to involve and to help with car recovery. What Shall I do??
What legal closes regulate this that I could cite the to the sergatn dealing with my case. Thank You, ***** ***** is of urgency.
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

Why isn't he carrying out the repairs on the car? and how long has he had the vehicle for exactly?

Customer: replied 10 days ago.
Car no2 The one he has taken as a corateral, he has it for 12 months on his yard, 9-10 months with parts ready to be installed, car is in need of mechnical repair and some body assembly.Car no1 - where the dispute lies. He was fixing it over last 12 months as well, however left unfinished and not finished to standard we agreed to. I.e It needs mot and he ment to do the car and mot it for me that I had running car ready for testing. I could not test the car past couple of months as it steel needs parts in order to be safe to drive and also neeeds work to pass mot. It is an old classic car. I am disputing the repairs he has made to the car, as he left many screws unsecure and loose body panels. hence it is not safe to drive and needs further work, he also wons me a warranty to my understanding, - I can not test the car. I disputed the repairs itself and following that bill he requested. Thats in short.Sorry for quick writing. Thank you for picking on this matter.
Expert:  Ben Jones replied 10 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

This is an example of bailment, which occurs where one party takes possession of another's goods, for a limited purpose or duration. During a period of bailment, the ownership of the goods does not transfer and legal title remains with the original owner. Once the purpose for which the goods are taken is fulfilled (most commonly an outstanding payment being made), the goods will return to their rightful owner.

Both parties have separate duties in these circumstances. The bailee is the person who takes possession of the goods. They have a duty to take reasonable care of them, to perform any pre-agreed tasks in relation to them and to return them in accordance with the terms of the bailment (i.e. when the conditions for return are met).

The bailor is the original owner of the goods and they have a duty to pay for any agreed service undertaken by the bailee and to collect the goods at the appointed time or within a reasonable period thereafter.

A common dispute that arises in bailment situations is that of lien – this occurs where the bailee decides to retain possession of the goods until they are paid for their services. Whilst that is indeed possible it would depend on whether the reasons for doing so are fair and justifiable, such as if they have good cause to challenge the bailor’s refusal to pay. That would depend on what was required of them and whether they have failed to perform their duties or if they did so – whether they were performed to a reasonable standard.

If the bailee wants to eventually dispose of the goods, such as to recover any associated costs or losses, this right exists under the Torts (Interference with Goods) Act 1977. Under section 12 of the Act, the bailee must give the owner notice in the prescribed form to collect the goods within a reasonable time. If the bailor does not collect, or otherwise give directions for redelivery, then the bailee is entitled to sell the goods (at the best method available, normally by auction). He must account to the owner for the sale proceeds but is entitled to associated costs and sale expenses.

The requirements for notice are that it must:

- be in writing

- be delivered to the bailor, left at his proper address, or sent by post

- specify the name and address of the bailor and give sufficient particulars of the goods and the address or place where they are held, and

- state that the goods are ready for delivery to the bailor

Where the goods are to be sold, the notice must also specify:

- the date on or after which the bailee proposes to sell the goods

- the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before giving of the notice

- the notice shall be sent by registered or recorded delivery post

Whilst the duration of notice is not explicitly specified, 28 days is reasonable if you are simply disposing of them and are not pursuing them for further payments, although if payment is demanded in respect of the goods (for example in relation to a storage charge or other debts) then the law states that not less than three months' notice shall be given before the goods shall be sold by auction, or otherwise disposed.

Whilst you cannot prevent him from selling the goods, if he does so and does not have the right, or has not followed the process, you can pursue him for compensation for the value of the goods.

Expert:  Ben Jones replied 10 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
Thank you for your prompt answer. Yes it is clear enough. Thank you.I have got a notice from him before the weekend, but it is 14 days notice and he states that the amount from sale of the car would be sufficient to cover his bills. He can't out it on the auction as he is not having any paper work with it and the car is without registration plates (requirements from the auction or even decent scrap yard).What's you views on that the car No1 and car no2 are two separate issues and he cannot try to secure payment I have disputed by selling second vehicle? As he is only in temporary possession of it.
If he is not fixing it he is not owned any parking fees and should give it back promptly?
Expert:  Ben Jones replied 10 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. They may be separate issues but if they legally belong to you he can try and use the rules above to take possession of your property to cover for the disputed amount. In the end, what matters is that it is your property, rather than it being a separate issue. I would certainly dispute the parking fees he is after though, I think that is more of an opportunistic attempt to get money from you

Expert:  Ben Jones replied 10 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 9 days ago.
Thank you so much for your responses.
If I could only ask about that hwo to use the police to get the car recovered from mechanic, - openly speaking. They have recorded crime but do not want to get involved as they think it is a civil matter. Should I have to, ho I can convince them helping out getting the car back? The mechanic is constantly threathing to sell the car. I think he cannot legally sell it to recover his alleged costs form different car we have done. (I am disputing those).These issues are of course connected, I am affraid I meant somthing else and write a bit akward in previous messages.What would be the way to separtaer this issues and encourage the police in helping out getting the car back shoud I have to? Alternatively, what grounds to use to shew both parties that he cannot sell the car and should return it.Would much appreciate your feedback and comments on that. Apologies if I am taking too much of your time on this. Thank you. Ernest
Expert:  Ben Jones replied 9 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. It is unlikely that the police will legally have to help in recovering the car because that would only be the case if there was theft. However, theft will only occur if they are trying to permanently deprive you of the vehicle – this is unlikely and they would be temporarily keeping it until this dispute is resolved. That is why the police will be reluctant to get involved. As such, the only way for the police to be involved would be by applying sufficient pressure on them and hoping that they just agree to it to try and get this resolved and them no longer being involved in it.

Customer: replied 8 days ago.
Thank you for your replayAre there any relevant clouses that I could use to 'applying sufficient pressure ' on them should I have to??
At present I visited the mechanic today and the car is not on his premisses any more, he has moved it, somwhere he refuses to disclose.Would you be kind enough to point me to the relevant [email protected] 'theft will only occur if they are trying to permanently deprive you of the vehicle' - this is very intresting sentence.I would say, stating the above, that they are actually trying. Is this a theft in progress?
Yes, the police said the same, that if he still has the car they will not involve, just after the event. - the mechanic has given me deadline date until when he sells the car. Or at least what he claims he will..
Expert:  Ben Jones replied 7 days ago.

It is not about relevant clauses, it is mainly about making
it clear that legal action would follow if this is not resolved. That is how
you would try and apply extra pressure on them.

As to theft, you do not decide if it is theft or not – the police
do, but they will most likely see this as a civil dispute which is still
unresolved, hence why they will unlikely view it as a permanent deprivation of
the property.