Garage withholding property.

[pa_broon74]

Hello.

 

Quick question.

 

Can a garage withhold property in lieu of payment.

 

Summary: I person had the use of a courtesy bike while their own was in for warranty repairs. He had an accident (not his fault) on the courtesy bike, now the garage want him to pay the £500 excess before they return his bike. (He still has the courtesy bike.)

 

A) He's claiming from another party for the costs

B) The £500 isn't related to work carried out on his bike

C) The garage might start charging for storage and possibly for rental on the courtresy bike.

 

It seems dubious to me but it's not really straight forward.

 

Any clues gratefully received.

 

Thanks

 

Paul

[crem]

Did he have to sign an agreement for the loan bike, and if so, does it mention being responsible for the insurance excess?

[pa_broon74]

I imagine he did sign an agreement of some sort, but it would be for the excess. My question is, can they hold property to ransom given the situation. He's going to claim of a third party insurance so it'll take time.

 

Its the legality of the garage holding on to his property which isn't really related to the excess. Also, the grey area of him still having the courtesy bike.

 

The guy is only 18, £500 is too much for him. I can't really think of an adequate comparison. Although, I suppose its a wee bit like if you prang a courtesy car, can the garage keep your car until you've coughed up for the damage?

 

Thanks again.

[Helford]

The £500 excess that he may or may not have to pay (Depending on the wording of the loan bike agreement) is only relevant if your friend is liable for the circumstances of the accident. Is the Third Party insurance company (TPICO) dealing with the accident and are you aware as to whether they have admitted liability or not. A letter to the TPICO holding them liable for the excess (and any other uninsured losses) might be appropriate from your friend/the garage holding the bike 'ransom'.

[pa_broon74]

Mmm.

 

Its a bit of a grey area, the accident was caused but debris left on the road by a building site exit. He's been advised that the building site contractors are liable but he needs to prove this. It's not a straight forward case.

 

It would seem, until he gets the builders insurers accept liability, he's stuck with a courtesy bike (which he may have to pay a daily hire charge for over and above storage fees & the excess.)

 

I don't really understand the whole excess thing. I've been crashed into, clear cut case, it wasn't my fault but when they came to take my car for fixing they asked for the excess, I told them since I wasn't liable, my excess was moot.

 

Anyway, its just being out of pocket to the tune of five hundred smacks, for however long it takes to sort out, not to mention being deprived of property.

 

Thanks again for the responses.