Removing Stag from panel beaters ( Legal standpoint )

[Moraystag]

Gent's you may have seen my previous posts regarding my ongoing floor pan replacement saga.

I was again through to the panel beaters yesterday,who I entrusted this work to. Unfortunately after almost 8 weeks I again found that this work has progressed slowly if at all from my previous weeks visit. I now have spoken to a couple of guys from the West of Scotland who are aware of my plight and are willing to complete this work for me. I now am not sure where I stand legally if I remove the car from the premises that it has languished in, for in my opinion, way to long. I have swallowed all the excuses that have been given, but I now feel that I should no longer put up with it. Trying to gather up all the interior components will also be a task in it's self as this panel beater seems to have personnel issues which are only exasperating the situation.

Any constructive suggestions would be much appreciated

[Marco Polo]

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Are you a member of a motoring organisation such as the AA or RAC? They may be able to offer you the correct legal advice in this instance.

Cheers,

Raoul

[Moraystag]

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Now I think I have AA cover through my insurance will check this out thank's

[elvimto]

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I do not believe they can keep your car if you wish to remove it that would be your choice They may have a right to any money owed them but then give them a check pick up your car and put a stop payment on the check might help if you take a couple of heavies with you.

[Andy Rundell]

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Legally, it will all depend upon whether you had any kind of contractual agreement in place - be it written, or verbal - explicit advice without knowing the background is unrealistic.

I would suggest that a sensible conversation with the proprieter of the current firm expalining that the work has not progressed as you had anticipated, and having considered the likelihood of a satisfactory outcome you want to withdraw from the current schedule of remediation work.

You will need to offer to pay for the work that has been undertaken to date - and this is where the two parties may have some dissagreement over the value - you will both need to be reasonable about this.

If you were in England then the worst that could happen if you disagree is that you could be involved in a small-claims court case - i am not sure if the small claims court process is the same in Scotland. As long as you can demonstrate some pragmatism you should be fine in those kind of proceedings (this is based on knowledge of the English system)

The conversation is best done face to face, not by email/phone, but do keep a record of the conversation (you could record it if you wished) this would also act as a reminder to you to keep the conversation controlled and without intimidation.

You should be able to do this fairly easily - i would imagine that the current firm may well be keen to cut their loses with the job as well, knowing that the end result for both parties is likely to be unsatisfactory - you may well find them considerably more receptive to this course of action than you expect.

Good luck...........Andy

[Moraystag]

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Andy I have already given 500 quid as a down payment to this firm and also supplied 600 quids worth of panels to date. They have destroyed one new foot well and one rear out rigger. I think that this in it's self may indicate that the work is not going as anticipated. Unfortunately the car was given to the previous owner who sold the buisness while I was working abroad. I spoke to this gentlman yesterday and had all the excuses from him also. I did however point out to him that the car was handed over to him originally an we agreed at that time that the work would take no more than 4x weeks. I said to him in a non cofrontational way that I held him responsible for the situation that I now find myself. He came away with an excuse that I had been caught up in a transision hand over period and that the new owner has personnel issues. I did however point out that their personnel problems had nothing to do with the original verbal agreement. This is a real pain in the butt and a little complicated to say the least. I have started this post so that others who may find themselv's in a similar position would have an idea what they can and can't do. I would not wish this fiasco to happen to other members

[Andy Rundell]

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I appreciate the background, although the only part that really impacts the course of action is that you have already paid £500 upfront - in my opinion you have little chance of recovering this money.

At this point is would suggest you summarise the course of events in writing, indicate your willingness for them to keep the deposit to cover all work undertaken to date, and state a date/time at which you will collect the car and the panels which you have purchased for the job.

If the car is immobilised arrange for a trailer and a couple of friends to help you load (i doubt you will get any assistance from the garage) - if it were me i would turn up with the trailer on the same day as the latter is received - you could deliver it personally.

Just my thoughts....... trying to be impartial and constructive........ hope you find it helpful

........Andy

[Andy Rundell]

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forgot to add... having a couple of friends with you is also handy in the event that witnesses are required at a later date

........Andy

[NickA]

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Does this help?

http://www.theaa.com/motoring_advice...in-my-car.html

[Andy Rundell]

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NickA wrote:

Does this help?

http://www.theaa.com/motoring_advice...in-my-car.html

Useful link Nick - i had forgotten the 'Paid under protest' notice.

Slight difference here is that the repair has not been completed so 'lien' may not apply in its entirety - hence my suggestion to pay for the work completed to date.

........Andy

[mad cyclist]

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I would ask to pay for works carried out so far, and collect the car. cannot see why he would /could object or you be doing anything illegal.

good luck Nick

[andy p]

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Andy Rundell wrote:

I appreciate the background, although the only part that really impacts the course of action is that you have already paid £500 upfront - in my opinion you have little chance of recovering this money.

At this point is would suggest you summarise the course of events in writing, indicate your willingness for them to keep the deposit to cover all work undertaken to date, and state a date/time at which you will collect the car and the panels which you have purchased for the job.

If the car is immobilised arrange for a trailer and a couple of friends to help you load (i doubt you will get any assistance from the garage) - if it were me i would turn up with the trailer on the same day as the latter is received - you could deliver it personally.

Just my thoughts....... trying to be impartial and constructive........ hope you find it helpful

........Andy

+1

[Stag Andy]

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I sympathise with you,maybe your local citizens advice guys can help.
Hope you get this sorted,good luck. (sorry i cant be of any REAL help)

[Bob Heritage]

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Tell him you've run out of money and can't afford any more, probably be glad to get rid of it.

[Moraystag]

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NickA wrote:

Does this help?

http://www.theaa.com/motoring_advice...in-my-car.html

Christ to be honest looked through Micks AA link and it seems that the average motorist have very little protection from unscrupulous garages. I may well be in a bigger hole than I first thought:shock: