sp8s 1 Report post Posted February 7, 2010 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. Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 7, 2010 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. Quote Share this post Link to post Share on other sites
Nobimmer 694 Report post Posted February 7, 2010 Yeah, can ask for it back, no doubt they will charge you for it though. Quote Share this post Link to post Share on other sites
sp8s 1 Report post Posted February 7, 2010 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) Quote Share this post Link to post Share on other sites
Docile 64 Report post Posted February 7, 2010 damn wat... 350... should have done it yourself for a lot less... fuel pump installation is so easy.. Quote Share this post Link to post Share on other sites
M3 Cab 0 Report post Posted February 7, 2010 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. Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 7, 2010 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 Quote Share this post Link to post Share on other sites
Docile 64 Report post Posted February 7, 2010 but you do have the right to refuse any payment for jobs that are not up to standards. Quote Share this post Link to post Share on other sites
leithcm 0 Report post Posted February 7, 2010 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.... Quote Share this post Link to post Share on other sites
Silver Fox 43 Report post Posted February 7, 2010 (edited) 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 Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 7, 2010 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 Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 7, 2010 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 Quote Share this post Link to post Share on other sites
Silver Fox 43 Report post Posted February 7, 2010 Good practice Glenn, I wonder how many do this? Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 7, 2010 Good practice Glenn, I wonder how many do this? Communication is the "KEY" word Quote Share this post Link to post Share on other sites
huff3r 347 Report post Posted February 7, 2010 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! Quote Share this post Link to post Share on other sites
Wom 0 Report post Posted February 8, 2010 Communication is the "KEY" wordit 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 Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 8, 2010 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 Quote Share this post Link to post Share on other sites
M3 Cab 0 Report post Posted February 8, 2010 Legally I still dont believe you can hold the car. Quote Share this post Link to post Share on other sites
39KiwiTouring 2 Report post Posted February 8, 2010 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. Quote Share this post Link to post Share on other sites
39KiwiTouring 2 Report post Posted February 8, 2010 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. Quote Share this post Link to post Share on other sites
M3 Cab 0 Report post Posted February 8, 2010 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. Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 8, 2010 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 Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 8, 2010 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 . Quote Share this post Link to post Share on other sites
M3 Cab 0 Report post Posted February 8, 2010 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 Quote Share this post Link to post Share on other sites
*Glenn* 854 Report post Posted February 8, 2010 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 Quote Share this post Link to post Share on other sites