Good day. I had my vehicle repaired and ...

Asked by Wynand on 03-12-2016 11:43:02
Question posted in the Consumer Protection Law category relating to Gauteng

Good day. I had my vehicle repaired and the vehicle was returned to the repair centre three times with major repairs. There is an outstanding balance of approximately R 43000 in lieu of the repairs which the repair centre demand before my vehicle is returned to me. The cost is significantly more that expected and the repairs occured over a three month period where I had very little use of the car. I have offered a payment plan, but the repair centre insist on the full amount. What are my rights?

Message from the Lawyer

Posted by Att. Patrick on 03-12-2016 12:07:50

Hi there and thank you for your question,

Unfortunately the repair centre's legal right to retain the vehicle until full payment is received trumps your right to have the vehicle returned to you. It is called a lien over the vehicle and is a well-established legal principle.

The only way that you can get the car back without making payment in full is by negotiation with the repair centre, and with them agreeing to accept a payment plan.

It unfortunately doesn't matter that you haven't had the use of the vehicle for some months. You can't claim anything from the repair centre by way of damages / whatever for not using the vehicle.

How did the quoting work? Did they quote you for the repairs? Did you accept the quote? Did they do work over and above the quote without seeking your approval?

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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Message from the client

Thank You Patrick. I understand the lien, but my concern is twofold. I was given an estimate and not a quotation, and secondly that the vehicle had to be returned with a recurrence of the same problem. May I insist on an independent assessment of the alleged work done as a pre -condition to payment.

Message from the Lawyer

Posted by Att. Patrick on 05-12-2016 19:56:49

Hi there,

What would the purpose be of the independent assessment? Would it be to verify that the work was actually done? Or for something else? It would, in my opinion, be justifiable for the repair centre to not allow you access to the vehicle at all until he has received payment in full. That is why a quote / estimate is soo important! You should have taken the vehicle somewhere else for a second opinion before taking it back to the same repair centre.

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