C
confused
Guest
So we took in our car to get fixed by a repair shop. We never signed any contracts or estimates, half the time we were not aware of what was being done to our car. However, we had a verbal agreement that we could pay off the work in payments, there was no agreement as to by when or how much a month or anything. The shop took 3 months, delaying returning the car later and later, it was a huge headache and we had numerous confrontations with the shop owner. When we finally came to pick up the car, they changed their mind and said we have to pay right then. We argued that this was not the agreement, and said that we do not have the money, so they agreed to release the car to us if we signed a little contract the typed up that we would pay the amount by a certain date.
When we drove off with the car, we noticed problems right away. We called that day and said that the car still had problems, which they were supposed to fix. They said to bring it back. We were afraid to give them back the car because we thought that they would keep it for another 3 months, which would not work for us at all. So, we went to a different mechanic, who told us that they did not do half the things they were charging us for. He attempted to fix some of the problems that were still present with the car, but concluded that there was a problem with the engine (which they replaced) and suggested that we take it back to them unless we wanted to pay him the same amount to pretty much redo their work. Obviously we could not afford this so we took it back to them. We also refused to pay the amount due to them since the car was still not fixed after 3 months.
So, we took the car back, they said we'd have it back in 3 days. Again, we did not have any written agreements. After about 3 weeks of having the car, they finally said that the problem should be fixed. During the whole time again we were not informed of anything that was done, we had to hunt down the owners to find anything out, and half the time the people who were supposed to be working on our car were out of town or clueless about where the car was! At the time of picking up the car, we paid them half of the amount we owed because we assumed the problem was fixed. However, when we got it back, the problem was still there!
So, we took it to a third shop. This shop is supposed to be experts on Subarus (our car), and they said the same thing the second shop said, that there was a problem with the engine. So now again we are in the same position we were in before we brought our car into anywhere! The engine is still faulty although the first shop was supposed to put in a rebuilt engine. SO, now the owner of the first shop said that he has put in a mechanic's lien on the car, and is threatening to tow it from our place of work, since he doesn't know where we live.
Now, my question is, can he do that? From my understanding he cannot take our car, only file a motion to have to sold. Secondly, he never gave us a notice that he was filing the lien, which I thought was a requirement. Thirdly, how can he file a lien for work that was not complete properly? The problem is still there and we are refusing to give the car back, first of all because it is still broken and secondly because they will not give us our car back again without full payment, which we refuse to give as this place is a joke and knows nothing about cars!
I understand that we probably need legal help, but we can't afford it, so how can we fight this? What will happen if we just ignore him? Do we have to file a small claims court suit against him or what??? We are at a loss and still have a broken car, please help!!!!!
We are in California. Also, about the one paper we signed, the owner told us that never mind we could pay in installments and the total amount due changed because they took off the labor and shipping costs, so it is pretty much void, or at least we feel it should be, especially because both of the other shops said that some of the things the first shop said they did, they did not do.
When we drove off with the car, we noticed problems right away. We called that day and said that the car still had problems, which they were supposed to fix. They said to bring it back. We were afraid to give them back the car because we thought that they would keep it for another 3 months, which would not work for us at all. So, we went to a different mechanic, who told us that they did not do half the things they were charging us for. He attempted to fix some of the problems that were still present with the car, but concluded that there was a problem with the engine (which they replaced) and suggested that we take it back to them unless we wanted to pay him the same amount to pretty much redo their work. Obviously we could not afford this so we took it back to them. We also refused to pay the amount due to them since the car was still not fixed after 3 months.
So, we took the car back, they said we'd have it back in 3 days. Again, we did not have any written agreements. After about 3 weeks of having the car, they finally said that the problem should be fixed. During the whole time again we were not informed of anything that was done, we had to hunt down the owners to find anything out, and half the time the people who were supposed to be working on our car were out of town or clueless about where the car was! At the time of picking up the car, we paid them half of the amount we owed because we assumed the problem was fixed. However, when we got it back, the problem was still there!
So, we took it to a third shop. This shop is supposed to be experts on Subarus (our car), and they said the same thing the second shop said, that there was a problem with the engine. So now again we are in the same position we were in before we brought our car into anywhere! The engine is still faulty although the first shop was supposed to put in a rebuilt engine. SO, now the owner of the first shop said that he has put in a mechanic's lien on the car, and is threatening to tow it from our place of work, since he doesn't know where we live.
Now, my question is, can he do that? From my understanding he cannot take our car, only file a motion to have to sold. Secondly, he never gave us a notice that he was filing the lien, which I thought was a requirement. Thirdly, how can he file a lien for work that was not complete properly? The problem is still there and we are refusing to give the car back, first of all because it is still broken and secondly because they will not give us our car back again without full payment, which we refuse to give as this place is a joke and knows nothing about cars!
I understand that we probably need legal help, but we can't afford it, so how can we fight this? What will happen if we just ignore him? Do we have to file a small claims court suit against him or what??? We are at a loss and still have a broken car, please help!!!!!
We are in California. Also, about the one paper we signed, the owner told us that never mind we could pay in installments and the total amount due changed because they took off the labor and shipping costs, so it is pretty much void, or at least we feel it should be, especially because both of the other shops said that some of the things the first shop said they did, they did not do.