He Wont Give My Car Back!!?
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Any advice at all is very much welcome. Well it started last year, I bought a car and it had broken down on me, the head gasket had blown in it. My ex boyfriends father said his friend who repairs tires in a garage would fix it for me at his house at a good price, of course I trusted him at the time and agreed. They assured me they knew what they were doing and I was not to worry that my car was in 'professional' hands. 2 months later I still had no car and it still wasnt fixed at this stage. I was told that he would fix the head gasket for me for €200 as I was a friend of a friend. He had tried to fix the current blown head gasket that was in my car but said it couldnt be done so he threw it away, at this stage my engine was taken apart. He tried to find a new one that would go into my car but he couldnt. Another few months later I still had heard nothing. With plenty of attempts to get intouch with him there was still no prgress on my car. I then decided I didnt want it fixed as it just couldnt be done, so with no fixed car I did not owe the first agreed €200. It is now 5 or 6 months later and he has said I apparently owe him €300 for trying to fix the car and I refused, obviously as I still had a broken down car. He said I was not getting my car back that I was to either pay him €300 or hand him over my tax book for the car. He seemed to think he could hold my car instead of me paying him the money. I then requested if I could get my personal belongings out of my car, which consisted of my house key on my keys and he refused to give me my stuff and said I was not getting them unless I give him the tax book. Am I meant to give him a car for my own belongings? I contacted the Gardai but they said there was nothing they could do about it, useless. So I am completely stuck as to what I can do next. Any advice would be very helpful. Thank You.
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Answer:
Since there is no formal repair contract, he cannot hold your car as a lien. Tell him to return the car or else you'll report it as stolen.
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Other answers
Contact police or file a lawsuit as he is pretty much stealing your car and holding for ransom.
Sue him
He is claiming somehthing like a "mechanic's lien" but from what you say he is not a mechanic. He didn't fix itbecause he didn't want to spend 50 Euos or more on the gaskets. Plus machine work if needed. Wgere he says it is impossible, that too is believable ( if the head is too warped). But tha you can't have your car or must pay sounds like you are right. What you need to do is go and collect your car--whatever that takes. Take a big man with you. I have a hunch he will be singing pretty.
It's a civil matter the police won't get involved. As soon as you handed him the keys you gave him permission to take the car. I like the idea of reporting him not only to the tax people but to whever's in charge of local bylaws. In most places it's illegal to fix cars out of your house. unless it's properly zoned. No many of those backyad mechanics have a clue how to fix car anyway. Good riddance to him.
Here i the US, they have a condition called a "mechanic's lien". That is a legal proceeding where a mechanic can sell your property to recover their labor cost. When you hire someone and they work for you, you owe them money for what they do- even if they don't finish. Many different kinds of contractors use the "mechanic's lien" when they don't get paid by a customer. You might get help legally. Talk to a lawyer and change the locks on your house.
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