My rights

[sp8s 1]

Ok if you have read my other post about my lil bma troubles you will get the gist of where I am coming from.

With the trouble I have had do I have the right to tell the workshop to put my car back together and then get it picked up (towed home)

I am just sick of being dicked around by these people and it has been a week of no car.

Sorry if its a silly question.

[*Glenn* 854]

Yes you do have the right, you own the car. They may not release the car to you though untill their costs are paid for though.

[Nobimmer 694]

Yeah, can ask for it back, no doubt they will charge you for it though.

[sp8s 1]

to late lol

Got a phone call at 8:45 am saying car was finished and ready to pick up.

$350 later a car with a second hand fuel pump thats mobile.

At least its on the road again.

Lesson learned: Dont be a soft c*ck and do the work myself (after I get the scanning software)

[Docile 64]

damn wat... 350... should have done it yourself for a lot less... fuel pump installation is so easy..

[M3 Cab 0]

Had a friend test the pay before you get it back theory recently and it's not true. You are entitled to take the car as you own it the company then has to fight for payment like everyone else. They cannot hold the car although he did have to involve the cops to get the car.

[*Glenn* 854]

A business is entitled to hold goods or chattels (a car) for payment under this act:

Wages Protection and Contractors' Liens Repeal Act 1987

Police will not get involved unless a criminal act is involved

[Docile 64]

but you do have the right to refuse any payment for jobs that are not up to standards.

[leithcm 0]

Had a friend test the pay before you get it back theory recently and it's not true. You are entitled to take the car as you own it the company then has to fight for payment like everyone else. They cannot hold the car although he did have to involve the cops to get the car.

There is a law as laid out in the Wages Protection and Contractors' Liens Act which states that a contractor (garage) does have the right to hold (place a lien) over someone else's property until all outstanding amounts are fully settled before they must release the property. As always, there are fish hooks, snags, and razor barbed wire when going down this path....

[Silver Fox 43]

Glenn, this is taken from the govt site regarding the act.

Legally you cannot hold the car, if the police are involved they will get it back for the owner.

All the owner has to say is that he is disputing the amount charged, and you must then go thru the courts.

http://www.consumeraffairs.govt.nz/consumerinfo/liens.html

"If there is a dispute between the parties, the goods cannot be held or sold. But in practice the retailer or service provider may attempt to hold onto the goods until the full payment is received.

If you are not able to reach an agreement with the retailer or service provider, you may be better to pay the full amount to get the goods back, and then seek to resolve the dispute in the Disputes Tribunal.

You must tell the retailer or service provider that you are paying "without prejudice". This means that you are not accepting the amount charged. Or, you could offer to pay part of the bill in order to get the goods back and seek their agreement that they go to the Disputes Tribunal to resolve the issue over the balance."

Edited February 7, 2010 by Silver Fox

[*Glenn* 854]

but you do have the right to refuse any payment for jobs that are not up to standards.

Yes you do... most reputable businesses would make sure the repairs were done properly in the first place

[*Glenn* 854]

Disputes don't normaly arise if you follow this:

Get clear instructions from the customer

Get the customer to sign these instructions (Job Card)

Check the fault

Cost the job

Ring the customer with the estimate

Carry out the repairs at the aggreance from the customer

Do not exceed the estimated costs without notifying the customer

If there is a price increase... ring the customer before proceeding

Carry out the repairs in a reassonable time frame

Get paid by the customer on pick up (Dont run Accounts)

Guarantee your work for a specific period, dependant on parts used and type of repair

[Silver Fox 43]

Good practice Glenn, I wonder how many do this?

[*Glenn* 854]

Good practice Glenn, I wonder how many do this?

Communication is the "KEY" word

[huff3r 347]

Disputes don't normaly arise if you follow this:

Get clear instructions from the customer

Get the customer to sign these instructions (Job Card)

Check the fault

Cost the job

Ring the customer with the estimate

Carry out the repairs at the aggreance from the customer

Do not exceed the estimated costs without notifying the customer

If there is a price increase... ring the customer before proceeding

Carry out the repairs in a reassonable time frame

Get paid by the customer on pick up (Dont run Accounts)

Guarantee your work for a specific period, dependant on parts used and type of repair

Good practice Glenn, I wonder how many do this?

Not enough! But if i ever need to get mine fixed and I'm up north I know where I'm going now! Thats some awesome business practice there!

[Wom 0]

Communication is the "KEY" word

it really does make a huge difference

just a simple phone call can really help, even if the news isn't what you want to hear

[*Glenn* 854]

Thats some awesome business practice there!

That is also the biggest problem that most businesses have... they don't communicate with their clients... we do.

If I can't communicate with a client I don't proceed with the work. You wouldn't believe the number of people that give us phone numbers that are turned off or wrong. If I can't communicate I never proceed with anything

If I follow my practices.. I will not release without payment, and the police cannot force me to do so unless I commit a crime.. and I will never release when I follow the correct proceedures of communication that we log.

So far in 35 years running a business, I've never had to punch a cop

[M3 Cab 0]

Legally I still dont believe you can hold the car.

[39KiwiTouring 2]

police will not get involved it is a "Civil" matter you have entered a contract verbal or otherwise and it becomes statute under contractual law.

Different story if Glenn stole my car and I sore it as his workshop stealing the wiper blades from it, no contract entered, sorry to use you glenn.

[39KiwiTouring 2]

I don't think you can get away with holding the car as well, but the parts you put into it belong to the contractor until they are paid or resolved.

So you can take them out if not settled full and final.

Without prejudice basically means you have agrievance or a position but it is not set in stone and you may negotiate at a later date or as information comes to hand.

saves someone holding you to your word saying you stated, you can say yes but without prejudice.

[M3 Cab 0]

All im saying is I know a situation where the police DID get involved, because an owner called them and the car had to be handed over.

[*Glenn* 854]

Legally I still dont believe you can hold the car.

Sorry Doug... I can. I will , however I've never had to go to the extreme... but I would on principle... The police will not act unless you have committed a crime. If I work and observe proper practices.. I expect to be paid... and I will be paid for what I do... I defend that right

[*Glenn* 854]

I don't think you can get away with holding the car as well, but the parts you put into it belong to the contractor until they are paid or resolved.

So you can take them out if not settled full and final.

If I put them in.. at the owners instruction.. then have to take them out... It is at the cost to the owner... as these would be his contractural instructions to me .

[M3 Cab 0]

We all defend that right Glenn and you can argue the point but putting into practice is quite different. Let's hope you never have too but will be the only way of really finding out

[*Glenn* 854]

I've never had to go to extremes, because I trade fairly & communicate with my clients. However I will defend my rights under law. And no prick will ever walk into my workspace and play games with me (language edited) I treat everyone as I would be expected to be treated on a commercial basis