I am pretty well up on contract law and this feels no different from the scenario where a main contractor does not pay a sub contractorRDH wrote:I'm not sure the right of lien can be passed on to a third party, can it? My law degree is now about 15 years out of date, so I may be wrong.H8OAG wrote:skellyjohn wrote:Tuppence worth....
The paintshop can't hold on to the car. The dispute is between paintshop and SLS.
I'm afraid if I was in the same position, I'd be just as upset with the paint shop and SLS but I wouldn't accept my car being held to ransom. I'd be tempted to call the paintshop and say that your reporting the car as stolen.
The paint shop can!
This is what's known under dispute resolution as a lien
A garage that has repaired your car has what is known as a 'lien'. This is the right to keep the car until payment has been made for the work done.
If you remove your car from the garage without authorisation you risk not only civil proceedings but maybe criminal prosecution
Possible options open to you..... apart from legal proceedings or leaving your car while any dispute is sorted out, is to pay the amount demanded, marking the invoice as 'paid under protest'.
Maybe our resident legal eagles can advise further ?
If the op has passed the car to the body shop I'd agree, but as it was SLS that arranged the repair, surely the owner should suffer.
Let's see what the legal eagles say!
The sub contractor has a "mechanics lien" on (in this case) the car