Help With Unauthorized Car Repair

[non_engineer]

I noticed there have been previous threads with a similar subject. I was hoping to get insight from those of you who have experienced the same.

My vehicle broke down. It was brought into a local garage for a diagnosis. From the diagnosis, a detailed work order with costs was supposed to be provided to the me to review and consent to. No documentation was provided.

Instead, the garage started repairs by removing the engine head. The engine head was sent to a subcontractor to repair. The subcontractor notified the garage of the repair cost. The garage authorized the subcontractor repair without informing me.

After the subcontractor repair already commenced, the garage contacted me by phone indicating the cost of repair, and requesting a deposit to commence the repair. The garage did not indicate the repair had started.

The proposal was rejected, and a tow was arranged. The garage refused to release the vehicle - claiming repairs had already started. They held the vehicle ransom - citing a Garage Keepers Lien. However, they gained possession of the vehicle using Unfair Trade Practices. They did not produce any written work order. They did not obtain my consent for the repairs.

Even their webpage states they produce a detailed work order before starting repairs.

They have possessed the vehicle for MONTHS now.

Thanks in advance for your insights.

[elkdump]

Hmmm? Storage for several months can be quite expensive, anywhere from $5.00 per day to $40.00 per day,,,,

[morinj]

Call the police!

[non_engineer]

Originally Posted by elkdump

Hmmm? Storage for several months can be quite expensive, anywhere from $5.00 per day to $40.00 per day,,,,

Storage fees can not be applied as there is no written work order detailing the storage costs. The work order is required to demonstrate the consumer consented to the storage costs as well.

This has been upheld in the Provicincal Court and Court Of Queens Bench.

[CanuckShooter]

Why have they had it so long. It's probably been sold by now.

[elkdump]

The car IS locked in their compound ,

So There are 3 ways to recover your car,

1 , Seek resolution in claims court ( if you loose you will still pay repair bill and storage and their court costs )

2 , pay the repair shop what they demand

3 , steal your car back, ( you will likely be charged with theft and trespassing ) criminal charges

[elkdump]

Originally Posted by non_engineer

Storage fees can not be applied as there is no written work order detailing the storage costs. The work order is required to demonstrate the consumer consented to the storage costs as well.

This has been upheld in the Provicincal Court and Court Of Queens Bench.

If you are so educated in Law ? How come you don't have your car ?

[urban rednek]

Whether or not they provided a written estimate or budget; did you sign a document/work order to authorize any work?
If you did, you are responsible for the work performed up to the time you said "Stop working on it", plus storage fees.
If you didn't, they performed unauthorized work on your vehicle, so they don't have a leg to stand on, but you will likely have to get a lawyer involved to sort it out.
Either way, expect to hemorrhage money until this gets sorted out.
Good luck.

[non_engineer]

Originally Posted by morinj

Call the police!

I contacted the police. They claimed it was a civil matter. However, it depends on which police officer you talk to. Most are on the side of the consumer, but it's unclear whether they can actually force the garage to release the vehicle.

[non_engineer]

Originally Posted by elkdump

If you are so educated in Law ? How come you don't have your car ?

Sorry - I've had months to look it up and confirm. I'm not educated in law, but there appears to be a legal loophole. Which allows them to leverage the garage keeper lien to possess the vehicle indefinitely.

They demanded storage fees in the amount of several thousand dollars, which is way more than the actual repair itself. I had to research to confirm whether they were actually entitled to the demand - which they aren't.

I also found hidden on review site - the garage had actually done the same thing to a young woman a year earlier.

[non_engineer]

Originally Posted by urban rednek

Whether or not they provided a written estimate or budget; did you sign a document/work order to authorize any work?
If you did, you are responsible for the work performed up to the time you said "Stop working on it", plus storage fees.
If you didn't, they performed unauthorized work on your vehicle, so they don't have a leg to stand on, but you will likely have to get a lawyer involved to sort it out.
Either way, expect to hemorrhage money until this gets sorted out.
Good luck.

Thanks for your thoughts and sympathies. Nothing was signed ever. No documentation was ever produced by the garage.

[masalma]

Take them to court. File a statement of claim have them served. The process will be time consuming but only option I can think of.

[non_engineer]

Originally Posted by CanuckShooter

Why have they had it so long. It's probably been sold by now.

Truthfully I haven't seen the car in months. I would imagine it would be criminal if they sold the vehicle without first trying to register a proper lien.

[elkdump]

Originally Posted by non_engineer

Thanks for your thoughts and sympathies. Nothing was signed ever. No documentation was ever produced by the garage.

But you left your car in their possession , they have it in their possession , and the only way you are likely to get it back is pay the bill ,

Or settle the custody case in court ,,

The cops do not give a rats arse about civil matters unless there is theft or violence alleged ,

[rugatika]

Tell us which shop is doing this so we can avoid the same problem.

[non_engineer]

Originally Posted by elkdump

The car IS locked in their compound ,

So There are 3 ways to recover your car,

1 , Seek resolution in claims court ( if you loose you will still pay repair bill and storage and their court costs )

2 , pay the repair shop what they demand

3 , steal your car back, ( you will likely be charged with theft and trespassing ) criminal charges

I would be fine with option 2. But they refuse to release the vehicle without signing a release form absolving them of any wrong doing. The other repair shop I was going to tow to advised that it be noted that the garage be responsible for "missing parts" since they had disassembled the engine and held the vehicle for months. They refused.

[Ranets]

Lawyer up, have him go after them for legal costs also. Without signed consent they are essentially holding your vehicle illegally and any unauthorized work done is their issue.

[non_engineer]

Originally Posted by Ranets

Lawyer up, have him go after them for legal costs also. Without signed consent they are essentially holding your vehicle illegally and any unauthorized work done is their issue.

Might be the only option. Other garages I've spoken to - indicated they don't have a leg to stand on, but it seems court might be the only option. Thank you for your thoughts.

To clarify - I have never been asking for a free repair. As a consumer, I believe this garage was not acting honestly, so I only wanted to take it to another mechanic.

The other mechanic even offered to flow through costs work completed back to this shop - but would not guarantee whether it would be for the amount they were demanding - because it was contingent on the quality of the work.

For me as a consumer, I would have been paying the same amount either way.

[qwert]

I STRONGLY suggest you read the applicable Lien Act, IIRC there are separate Garageman's and Builder's Acts.

Has a lien actually been filed? and have you obtained a copy of the Lien?
A Lien must be filed within a maximum period after the last work authorized was performed. If you did not authorize any work then any Lien may not be valid and is open to challenge in Court. The latest date they could claim as the start of their eligible period to place the lien would be the date you demanded they perform no further work, (I hope you served notice in writing), and you should have documentation to prove the date they refused to release the vehicle to your towing company.

IIRC, there is a requirement for the lien holder to actually commence a court action to enforce the lien within a specified statutory period after filing the lien. It is then up to THEM to prove that they are entitled to ALL the charges claimed. THEY must pay all the costs to place the claim, and provide you with a copy of the claim.

One of the most powerful defenses available after a claim has been filed, is for you to file a counter claim for their failure to release your property and the resulting delay making repairs and your loss of use. Ensure that the counter claim is made within any required period and definitely before the first court date, (you can always amend it later). I would submit that the removal of the cylinder head (without authorization) was what caused the vehicle to become immobile and would also claim any towing costs plus the cost of replacing the head and restoring the vehicle to the same condition it was in before they commenced unauthorized work. Your goal should be to make a claim that exceeds theirs, so that when a bored Judge decides to 'split the baby' that both claims will be disallowed and the garage ordered to release your car.

Definitely do a search on prior liens and court actions they have filed, as well as any reports from the BBB or other consumer protection Agency. The Court may find them relevant, especially if they indicate a pattern of behavior.

Your defense is that you did not authorize any repairs, but you do not need to make or prove (impossible to prove a negative) your claim that you did not authorize anything, it is their burden to prove that you did. Immediately you are served with Lien or Court documents you must make a written claim for copies of all relevant documents, work orders and authorizations. IIRC, this is called 'discovery', and you are entitled to have all documentation they intend to produce in court, a reasonable period before any Court appearance.

Once you demonstrate your willingness to fight using the Court System, I suspect that the garage will decide the effort is not worth the cost and may abandon their lien and any claim. It will now be up to you to continue to pursue any counter claim already filed as part of their action, or to begin a new action against them to recover your losses.

None of the preceding constitutes Legal Advice, and is worth exactly what you paid for it.
Good Luck, YMMV.

[catnthehat]

You should have called the police right off the bat
I am closing this thread as it is redundant
Cat