Car being held by Garage

[HypnoBliss]

Hi All ,

This is a long post but wonder if someone can help me. I have searched through the other posts but didn't see anything relevant.

My car (Audi A4) started making a horrible noise and I took it to my Audi dealer. They looked at it and said it needed an new engine. AS this would cost £3000 (including labour) and the car itself was only worth £2000 they advised it wouldn't be worth doing. They said I could get a garage to fit a second hand engine which would reduce the cost by half but that they could only fit a new one.

Anyway the car broke down a day later and got it towed home by the RAC.

I then phoned around and got several quotes and chose the most reasonable (though not the cheapest) one. They said they would replace the engine and re-service the car for £1550 all in. They said they would pick up the car and return it free of charge and would have it done within a week. So I made the appointment and asked for the quote to be sent by email.

 

By the day of collection I didn't receive the email but was promised it would be sent shortly. The person who picked it up didn't have any ID or a collection note but as he came on the right day I assumed it was OK.

 

The next day I checked that it was there and was told yes and that someone would get back to me. They then phoned the next day and said that they had looked at the car and that it would be £3500!! to fix due to a myriad of other things which were now wrong with the car. I told them that if that was the case I did not want the work carried out as that was more than the car was worth.

I was then told that I would have to pay £350 for work already carried out and £150 for pick up and delivery of the car + they would not put the engine back in unless further monies were paid.

 

When I refused stating that I was not told about the £350 charge and that I was told the Pick up and collection was free he said that if I did not pay by 16:00 that day he would dump my car on the road where it would be picked up by the police and I would face charges.

 

When I called the next day he first said that the car had been dumped on the road and that "he hadn't seen it today so 'pikies' must have taken it "

I then said I would inform the police and put the phone down. He then rang back and said he was only joking and that he still had the car but I would be getting it back until I had paid the £500. Additionally he would be charging £10 per day storage costs.

I replied via email disputing the costs and stating that I would pick up my car but they just replied saying I had to pay before the car would be released.

Am I liable to pay for any of these costs even though I have not signed anything? - They have since said it's in the T&C's on their website but I was quoted over the phone and was NOT told of this.

Can a garage hold my car without my permission?

Can they charge me these ongoing storage costs?

 

Apologies again for the long post and thanks in advance for any help anyone can give.

Edited December 18, 2008 by HypnoBliss

[tiaposy]

Heathrow Engine Centre by engine chance?

[tiaposy]

If it is, or any of their associate companies, there are a lot of complaints/warnings about them, both on this site & the web.

[raydetinu]

Basically if you have agreed to some work being done without a final quote or price agrred then it is normal to pay for what they have done on a fair and reasonable basis which must be justified i.e. time spent X rate etc. Quantm meruit is the term. however as is most likely you will not agree, but you want the car back, so the practical way is pay up and and claim any unreasonable costs back through the courts.

[tiaposy]

However, if it is HEC, then he has zero chance of getting his money back. Also, they pull this trick everytime. As I said, have a look for the company on the web and you will see what you are dealing with. I wish you good luck.

[21stcentury]

Hi All,

 

just looked at there website and it says they are wanting to sell or rent the web domain. It may be worth someone buying it and slating the company, or would that be bad??

 

Moneysupermarket forum has lots on these guys. It appears some reals bad ones. Do a mass protest outside there place and get the local press to meet you there. That would create a decent human interest story. That way whatever name they use, people will know where they are.

 

Derek

[HypnoBliss]

Hi Guys,

The company is based in Heathrow but they have called themselves 'Engine warehouse' or 'reconditioned- engines' (Reconditioned Engines. Rebuilt Engines. Remanufactured Engines.)

I believe they have just changed their name.

 

Frankly I don't want the car back now anyway, just want to make sure they can't try to sue me for any money.

They obviously won't give it back. Should I report it stolen?

 

Thanks again.

[gwc1000]

Should I report it stolen?

No, because it isn't.

[tiaposy]

Hi

 

As I said before, the Company is Heathrow Engine Centre and if you check the internet you will get some idea of who you are dealing with.

 

Don't report it stolen, as it isn't. I'd be very tempted to say to the DVLA that I had scrapped the vehicle or send them the log book.

 

I don't know whether they will come after you for any money - have you signed anything?

[gwc1000]

Hi

I'd be very tempted to say to the DVLA that I had scrapped the vehicle

Won't fly. You can only declare scrapped if you personally dismantle the vehicle.

[HypnoBliss]

No, I haven't signed anything. Not even a collection notice. Which on reflection is a good thing as if they do try to come after me for the money, they have no proof of any agreement for work (however tenuous!).

 

So I can't report it Stolen and I can't log it as scrapped with the DVLA. Where does that leave me? Do I just forget about it & write it off as a lesson learned?

[gwc1000]

Hi. You say the car is worth £2000? How old is it and exactly which model? If it really is worth £2000 then it would have a value even with the engine broken. It would be best to get the car back. Have you asked exactly how the £350 breaks down?

It is interesting that the Audi Main Agent wanted £3000 to replace the engine, whilst these cowboys want £3500.

[HypnoBliss]

Hi gwc1000 its a A4 quattro sport W reg (2000). 2000/W Audi A4 Saloon 1.8 T quattro Sport 4d Valuation - Parker's

 

They said the £350 was for standard investigative work and wouldn't break it down any further. and have added £150 for pick up and delivery.

Edited January 30, 2009 by HypnoBliss
added valuation

[Missemsy]

Without knowing much I would advise you to go to your local citizens advice who will be able to either advise you put you in touch with a solictor to take on the matter or may even be able to phone the company and put the scares on them

 

Either way this situation your in isnt right and there bound to be something you can do and somebody to help you just got to find it and you certainly shouldnt let these people get away with it

[Missemsy]

could somebody else just check but it seems these people are a sponsered link of google ?,

 

What they are charging is what they say in their terms anc conditions but since they never told you about any terms and conditions and you never agreed to any terms and conditions and couldnt have possibly know about any, then you should have a good case, trading standards sound like a good bet

[Conniff]

Without knowing much I would advise you to go to your local citizens advice who will be able to either advise you put you in touch with a solictor to take on the matter or may even be able to phone the company and put the scares on them

 

 

You don't put the 'scares' on HEC. They have been doing this since time imemorial. I remember a big hoo ha with them and the Exchange and Mart decades ago, can't remember if it went to court or not but if it did it hasn't made any difference.

[Missemsy]

Quote from another thread about "Car at Garage for 5 weeks now garage appears to have shut up shop" not the same i know maybe worth a try but someone suggested a good reply to that

 

" what does your ins co. say or offer

after a few unanswered letters from their legal team

i know someone that had the same sort of scenario a couple of years ago,

ins co, paid for a locksmith to break-in [police were present too] and recovered the car [though it was a £24k range-rover!].

notice of recovery [or something] was left at the premises, he never heard another thing about it.

 

as you are AA too what do they say, both have legal teams that you can use and might even be free.

 

just athought..

 

dx100uk"

[simi240]

Hi gwc1000 its a A4 quattro sport W reg (2000). 2000/W Audi A4 Saloon 1.8 T quattro Sport 4d Valuation - Parker's

 

They said the £350 was for standard investigative work and wouldn't break it down any further. and have added £150 for pick up and delivery.

 

 

did you ask them to fit you a new engine or to repair the one thats in the car? if you just asked for a new engine fitted then they shouldnt have been investigating what the damage to the engine was.

 

so if you just said fit me a new engine ect then you should be asking why they have been investigating the engine damage.

[JRP1414]

I would write to the DVLA and say that a garage is holding your car without your consent and that you are currently in dispute with them over release fees.

 

Explain that as you are still the legal owner of the car, you do not give permission for anyone else to sell the car, register the car in their name or scrap the car without your express permission.

 

I believe the DVLA will then put a security marker on the vehicle so that if anyone tries to re-register the car or does an HPI check, they will be warned off.

 

Then, write to the company (not via email) and send it recorded delivery saying that you dispute the costs they are trying to charge as you originally had a verbal agreement for a lesser amount. Explain that you did not give them permission to carry out this particular work and that they must put the car back how it was when it arrived in their workshop. Explain that you do not give them permission to sell, scrap or re-register the car and that they have a duty of care to look after your car until the dispute is resolved. End the letter by saying that if you do not get a satisfactory resolution, you will seek small claims court action for a possession order.

 

If you do not get the issue resolved to your satisfaction, file a small claims court action online - www.moneyclaim.gov.uk . You can either try to sue for the cost of replacing the car, or perhaps more appropriately, apply for a possession order. I think it costs about £150 and if you win (probably by default as they wont turn up) take the order to your local Police and ask them to accompany you to the site in a 'keeping the peace' role in order to help you retrieve the car.

 

I think you have a fight on your hands and it will ultimately cost you court fees to resolve but if I were you, I'd rather give my cash to the court than these local thieves. I would also stongly recommend you report them to your local Trading Standards and the Police as it is quite clearly a nice fraud they have set up. You may well need to be quite persistent with the Police that it is a fraud you are reporting.

 

Good luck, keep us informed!

[mr ibby]

hey. well the garage have the right to keep ur car until you dont pay and some garages do charge for storage. and the noise is it only when ur starting the car?? if yes then its most likely the starter which makes a funny noise. i have done quite a few with noisey starters.

[HypnoBliss]

Thanks JRP1414

Writing the DVLA sounds like a good way forward!

I will let you know how I get on!

 

HypnoBliss

[patdavies]

hey. well the garage have the right to keep ur car until you dont pay

 

And the English version of this is...?

[Wethers82]

Won't fly. You can only declare scrapped if you personally dismantle the vehicle.

 

 

Sorry if I'm talking out of term here but I registered my Mondeo as scrapped five years ago and I didn't personally dismantle the vehicle as the garage I had taken it to offered to do that without charge. Don't know if that is sort of the same thing.