Tale of Woe...SLS

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H8OAG
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Re: Tale of Woe...SLS

Post by H8OAG » Sun Aug 05, 2012 9:19 pm

RDH wrote:
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 ?

:cheers
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 My law degree is now about 15 years out of date, so I may be wrong.
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!
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 contractor

The sub contractor has a "mechanics lien" on (in this case) the car
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RDH
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Tale of Woe...SLS

Post by RDH » Sun Aug 05, 2012 9:22 pm

H8OAG wrote:

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 contractor

The sub contractor has a "mechanics lien" on (in this case) the car
Fair enough, did you not see the caveat on my post ;)
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Re: Tale of Woe...SLS

Post by H8OAG » Sun Aug 05, 2012 9:27 pm

One eye on Olympics and one finger on iPhone!!

Sorry
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Gourlay83
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Re: Tale of Woe...SLS

Post by Gourlay83 » Sun Aug 05, 2012 10:59 pm

Ian, what a mess ! I can remember talking to you about the engine mishap at the camping trip.....jeepers.

Nothing constructive to add, just hope you get it sorted quick and see you at the next camping trip road run :thumbsup

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Re: Tale of Woe...SLS

Post by IanD » Sun Aug 05, 2012 11:44 pm

The good news update is I got my car back yesterday so pretty relieved.

I basically provided formal notice to sort it all by Friday otherwise i would take whatever steps necessary to ensure return of my car, i would then take it to a 3rd party to assess, replace missing parts and return it to original state then i would instigate recovery of my costs. Ali visited Jamie (painter) and reached agreement, Ali refitted the parts he still had and missing from the car (trim, seat and undertrays)  and i collected it Saturday.

In the end a pretty painful experience all round, has cost time, money and grief for a number of people and i've got a car in a poorer condition than when this started in February. I gave up trying the reasonable approach eventually but it could and should have been relatively easily resolved a long long time although it did become much more than just a few light hearted communication issues.

Anyway (and probably didnt come across in my earlier post), I do need to thank Jamie for his honesty and telling me the truth in the final stages as well as his support and help in resolving this.  
He has done loads of Elise jobs for Ali in the past so if you need his direct details i have them as he is happy to do Lotus work dealing directly with people, he is Edinburgh based. 

About to rope in some SE help previously offered and then get on with enjoying the Olympics and some road runs (when the rain stops and the floods disappear). :roll:
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Re: Tale of Woe...SLS

Post by r055 » Mon Aug 06, 2012 12:16 am

H8OAG wrote:One eye on Olympics and one finger on iPhone!!

Sorry
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rossybee
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Re: Tale of Woe...SLS

Post by rossybee » Mon Aug 06, 2012 5:42 am

r055 wrote:
H8OAG wrote:One eye on Olympics and one finger on iPhone!!

Sorry
Where's the other hand? Jess ennis on?
:damnfunny

Seriously though, glad to hear of some form of resolve :thumbsup
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Re: Tale of Woe...SLS

Post by pete » Mon Aug 06, 2012 8:20 am

H8OAG wrote:
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 contractor

The sub contractor has a "mechanics lien" on (in this case) the car
Mechanic's lien. Not mechanics lien.
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Re: Tale of Woe...SLS

Post by pete » Mon Aug 06, 2012 8:54 am

IanD wrote:The good news update is I got my car back yesterday so pretty relieved.

I basically provided formal notice to sort it all by Friday otherwise i would take whatever steps necessary to ensure return of my car, i would then take it to a 3rd party to assess, replace missing parts and return it to original state then i would instigate recovery of my costs. Ali visited Jamie (painter) and reached agreement, Ali refitted the parts he still had and missing from the car (trim, seat and undertrays)  and i collected it Saturday.
Glad you've got it back. It's unforgivable that it got to this stage and ridiculous the lengths you have had to go to to get it back. Although I know how you feel.
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Re: Tale of Woe...SLS

Post by dirkpitt » Mon Aug 06, 2012 9:39 am

i am over joyed that you have her back ( lotus that is), but still gutted for your bad experience...ian.

if you need any help with any mechanical stuff, let me know and I’ll be happy to lend a hand
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Re: Tale of Woe...SLS

Post by Dominic » Mon Aug 06, 2012 9:48 am

dirkpitt wrote:i am over joyed that you have her back ( lotus that is), but still gutted for your bad experience...ian.

if you need any help with any mechanical stuff, let me know and I’ll be happy to lend a hand
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Re: Tale of Woe...SLS

Post by j2 lot » Mon Aug 06, 2012 9:49 am

Good news that you got it back Ian - hope you get the car sorted now that you're no longer tied into someone elses dispute.
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