Unauthorised work and extortionate pricing by garage

[matt0677]

I suffered a gearbox failure while away from home and was towed to a specialist in the area who verbally estimated about six hours labour. Being naive and having already obtained a comparable estimate from a trusted specialist (there were warning signs and I was planning to have the work done within weeks ), I didn't obtain this figure in writing.

 

I supplied a replacement engine/gearbox and asked him to assess the other engine for suitability - he spent an hour doing this so at this point I had authorised 7 hours labour. He wasn't happy to fit the replacement engine so I instructed him to take the gearbox off it and fit it to my engine.

 

He did not contact me until the work was finished, and when I travelled up to collect my car I found that the labour bill now stood at 14 hours, double what was authorised by myself (verbally only, same as his quote).

 

When I asked him how this had happened he became extremely hostile and aggressive, blocked my car in and told me that I would pay the amount he demanded instantly and without any breakdown of costs, or he would "dispose" of my car, which is worth more than double the amount he demanded. In order to safeguard my property and for my own safety, I paid under protest using my VISA debit card.

 

After we got home safely, I contacted my bank and withdrew authorisation for the payment (which was still pending at the time) and obtained this in writing, however they allowed to payment to be completed regardless of my instruction.

 

Finally after many stressful visits to the bank, and phonecalls the bank has agreed to send me the forms to initiate a chargeback on the basis of "services not received". This isn't a guaranteed chargeback and I suspect it's going to take a long time for them to make a decision.

 

I also managed to convince the Police that this isn't purely a civil matter - the man extorted money from me by threatening to deprive me of my property. They have visited him and obviously aren't interested in taking the matter further, however he did say to them that he threatened to sell my car in order to pay the bill - although to me he was a lot less polite - surely this isn't legal since I did not authorise him to spend 14 hours working on the car and the car is worth a lot more than the final bill - surely it's up to the authorities to judge who gets the car, not him??

 

I have also been in touch with Trading Standards who advised me to begin by writing a letter of complaint, which I have done. I don't expect to receive a reply.

 

I never gave him written permission to do any work at all, never signed anything either so hopefully the fact that the estimate was only verbal is less of an issue - if he plays the "verbal contract" card, can I respond by saying that he was not authorised to perform any work at all beyond 6 hours?

 

It seems that as long as the garage can avoid giving you a written quote, they have a free hand to not only charge you whatever the hell they like, but also they can extort money from people with no fear whatsoever.

 

Any ideas that can help me reach a resolution are most welcome.

[raydetinu]

You should ask for a coplete breakdown of his bill, labour/matetials etc. check this with against the scheduled costs for similar work a franchised dealer or other reputable garage ( just phone for a quote ) then you can judge if it is totally unfair.

Write and complain and ask why his costs are so high when compared to others, if in fact they are. if he does not respond then you will have to yake him to court. You may need an expert report on what was done etc.

[matt0677]

Well, I have a written estimate from a specialist which quotes 6 hours to do the same job and I understand the manufacturers guidelines state a maximum of 10.4 hours.

 

This doesn't change the fact that I was quoted 6 hours, then charged for 14 without at any time being asked if it was ok.

 

Finally I was given no choice in the matter with regards to payment - no explanation, no discussion, either pay immediately or lose the car without recourse. Surely if a dispute arises, there is some consumer protection? This cannot be the first time something like this has happened.

 

I have requested a breakdown (sorry for the pun!) of where all this labour was expended in my letter of complaint, however this man is not the kind of person who is likely to respond.

[Conniff]

You have a right to a breakdown of parts and labour charges and they cannot demand without it.

 

Did you write using recorded or recorded delivery?

 

He cannot just sell the car, he can keep is as lien which can only be discharged after an amount of time (not defined), but not immediately.

 

He must also look after and take care of it.

[blipvert]

I bought a back-up CD copy of a dealers workshop manual for my Car off Ebay a couple of years back. IIRC I paid a fiver for it. Not only did it contain all the repair procedures but also an appendix of times required to do them.

Edited December 18, 2008 by blipvert
typo

[matt0677]

You have a right to a breakdown of parts and labour charges and they cannot demand without it.

 

Did you write using recorded or recorded delivery?

 

He cannot just sell the car, he can keep is as lien which can only be discharged after an amount of time (not defined), but not immediately.

 

He must also look after and take care of it.

 

Yes I used recorded delivery and have a copy of the letter, which finished by asking for an explanation of the costs and a partial refund within 14 days.

 

The invoice includes a breakdown of parts but labour is just "labour for attentions"

 

I am interested in what the law states regarding confiscation of the car - I was not given any opportunity to discuss the matter - it was either pay the bill or lose the car, no other options. It struck me at the time that he couldn't do that, but obviously without knowing for certain I couldn't take the risk.

 

The Police visited him yesterday and he said he was going to sell the car - his actual words to me were "dispose of" but aside from that he seems to have told the police something like the truth - the officer involved didn't seem to know the law on this, but I'm hoping when I mention it to TS, and back it up with the Police's incident number, he has put his foot in it?

[Conniff]

Just read you original post again Matt.

 

I supplied a replacement engine/gearbox and asked him to assess the other engine for suitability - he spent an hour doing this so at this point I had authorised 7 hours labour. He wasn't happy to fit the replacement engine so I instructed him to take the gearbox off it and fit it to my engine.

 

The worrying part is in bold. Did you ask and get an estimate how long it would take to swop gearboxes ?

 

In answer to you other questions.

 

A right which entitles a party to hold on to assets in his possession pending payment of a debt owed. It can arise in equity, from the operation of law (a common law lien) or can be bargained for, or extended, as a matter of contract (a contractual lien). It does not confer on the lien holder an automatic right to sell the assets.

 

He cannot sell your car without a court order:

 

The right to hold the properly of another as security for the performance of an obligation.

I can be a property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made.

 

 

A possessory lien is the right of the creditor to retain possession of his debtor's properly until his debt has been satisfied. A particular lien exists only as a security for the particular debt incurred, while a general lien is available as a security for all debts arising out of similar transactions between the parties. Thus a solicitor has a lien on his client's papers to secure his costs.

 

 

It may involve possession of the object until the debt is paid or it may be registered against the object (especially if the object is land).

 

 

For example a car put in for repair allows the garage to claim a lien over the car until the bill is paid.

 

 

Ultimately, a lien can be enforced by a court sale of the property to which it attached and then the debt is paid off from the proceeds of the sale. See the Tort Interference with Goods Act.

 

 

What is the value of the car ?

[matt0677]

Thanks Conniff.

 

No I didn't obtain an estimate on the box swap because I'm fairly competent with these cars myself. Although I'm aware that things aren't always ideal, I was phoning for daily updates he didn't mention the trouble he was having...

 

I've received a response regarding my complaints. It turns out he can be civil after all!

 

They agree that the initial quote was for six hours but claim that "the time spent is unclear until it's totalled up at the end of the job" and the time required on my car was "in excess of anything that could have been anticipated". Apparently all of the extra time was spent struggling with seized bolts. This seems a bit much for a well-equipped professional garage.

 

He didn't mention the part where he obtained payment by threatening to relieve me permanently of the car.

 

The car is worth about £2000 and the bill was almost £900. If I had been given this figure initally, I would never have authorised the work.

 

I'm not sure whether I should reply. I'll give Consumer Direct another ring tomorrow, since they told me to write a complaint in the first place.

[flyingdoc]

I would write to him and tell him that you have taken advice regarding the time it should have taken him to do the job and although you can allow some leeway you feel that doubling the time is way too excessive

 

Personally i would perhaps allow him an extra 2 hours (3 at the outside) for this, given that he professes to be a fully equipped and professional garage, and that you would like the return of the 4(or 5) hours extra that you feel that you have been overcharged.

 

I would add that you are going to give him 14 days in which to return this money, otherwise you will be forced to issue proceedings in the county court to recover the money.

[Conniff]

So, you supplied an engine and gearbox.

 

He took an hour to decide if the engine was suitable, (if it was from the same model it should have been no more than 15mins.

 

He had to remove the gearbox from the supplied engine and the car and fit the supplied gearbox to the car.

 

I'm assuming we are talking front wheel drive, and air spanners.

 

Most front wheel drive cars to change clutch about 3 hours, professional garage with professional tools.

 

I used to charge £180 to replace a clutch (including parts), and the same labour is involved for what he has just undertaken, so lets say double that to 6 hours.

 

Assuming £50 per hour (£300) round it up for any probs bits and pieces there is no way the bill could come to more than £500.

[matt0677]

Interesting advice, thanks. Sorry Conniff I didn't realise you are a mechanic. The car is a Saab 900 (pre-GM) so you may be aware the engine is in backwards - clutch is at the front, gearbox is slung underneath much like a Mini. Very simple if you can get past the "weirdness" myth many mechanics cling to, but maybe problematic to a novice. This guy claims to have 25 years experience, but his employees - one looked about 16 and the other in his early/mid 20's and... disinterested?

 

I'm not sure that another letter can serve any purpose since I have no new information to add, and demanding partial refunds in exchange for ceasing proceedings may be a bit close to blackmail? - It's a bit public to post the correspondence so far...

[flyingdoc]

its not blackmail to ask for the money back take legal action if he refuses - that is the standard court system.

 

if you told him you would post pictures of him in a tutu whilst molesting one of his mechanics THAT would be blackmail

[matt0677]

I knew those pictures would come in handy!! :grin:

 

Well at least xmas gives me a few days to mull it over.

 

Thanks for the info so far chaps, CAB advice amounted to about two sentences...

[Conniff]

Ah! ok, so if you haven't done one before, when you look under the bonnet it is very daunting and you can wonder how the hell do I get that out of there, it wont present a problem, but will obviously take longer.

 

I wouldn't know how to advise on timing not knowing if he has done one before, and the time would probably be about right if he is following a manual and learning as he goes along.

 

Mind you, his lack of experience shouldn't really be down to you to pay for.

[matt0677]

Not sure whether I mentioned he advertises himself as a Saab specialist with 25 years experience His quote was based on his experience from the last time he did the same job, which he was kind enough to put in writing for me

 

I'm pretty sure I have a good case, since his reply confirmed that he had quoted 6 hours and also that he hadn't kept me informed. Surely he's already lost if I take it to court? Though I've never been in this situation before and his attitude seems to be very confident, so maybe it's not so clear cut.

[flyingdoc]

LBA>>>court... job done.

[Conniff]

Not sure whether I mentioned he advertises himself as a Saab specialist with 25 years experience His quote was based on his experience from the last time he did the same job, which he was kind enough to put in writing for me

 

I'm pretty sure I have a good case, since his reply confirmed that he had quoted 6 hours and also that he hadn't kept me informed. Surely he's already lost if I take it to court? Though I've never been in this situation before and his attitude seems to be very confident, so maybe it's not so clear cut.

 

If he is a specialist then he turned that around within five hours including the driveshaft seals and the seal behind the flywheel.