Repo man
Question
I can't pay the bill for the repairs to my car. Is the garage entitled to repossess it?
Answer
If you've taken back the car but not paid a bill, the garage could apply for a court order to enable bailiffs to seize possessions to the value of your bill, plus their additional costs. This procedure would not normally be called repossession (which normally refers to a financial institution reclaiming something that was either used as collateral, rented or leased).
In order to prevent goods being seized you would need to negotiate a payment schedule with the bailiffs or the garage.
If you haven't yet got the car back from the garage then it is an acceptable practice for them to keep it until you pay, as long as they give you notice. This right to keep possession of goods until payment has been made is known as a 'lien'. In such a case, it is also possible for the garage to charge for keeping the car until the bill is paid - again providing this is made clear at the time of the car being repaired.
If you believe that the garage has over-charged you for the repairs and are disputing the bill, then you can pay but should do so 'under protest'. Initially, this will be verbal but you should write to the garage as soon as possible, keeping a copy of the letter, and sending it by recorded delivery. Your letter should state that you paid under protest and that, unless you come to a suitable agreement, you will consider taking the case to court. You might be able to get some support with this action from either your insurance company or motoring organisation if you have legal cover built into your policy. You might also want to contact your local Trading Standards Office or your local Citizens Advice Bureau (CAB).
Updated: 14/05/2008
Question answered by CAB
