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Boaty legal advisers? Issues with New and Used Boat co.


Cpickle

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3 hours ago, Tim Lewis said:

When I bought my Ford Focus I took it on complete trust that I got the engine as advertised. I have absolutely no interest in opening the bonnet except to fill the washer bottle.

Tim

Is that not part of the service?  An elderly friend said that they were going to take their car into the garage because the windscreen washer had stopped working.  It could have been a wind-up but I don't think so.

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4 minutes ago, mango said:

Is that not part of the service?  An elderly friend said that they were going to take their car into the garage because the windscreen washer had stopped working.  It could have been a wind-up but I don't think so.

Along with full ashtrays. It was a Ford not a Hudson with a butler.

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5 hours ago, Tim Lewis said:

When I bought my Ford Focus I took it on complete trust that I got the engine as advertised. I have absolutely no interest in opening the bonnet except to fill the washer bottle.

Tim

I know someone who bought a brand new Ford Focus.

Some days after he bought it a neighbour pointed out that whilst the front number plate matched the logbook - the back one didn't!

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32 minutes ago, 1st ade said:

I know someone who bought a brand new Ford Focus.

Some days after he bought it a neighbour pointed out that whilst the front number plate matched the logbook - the back one didn't!

Just 'wunderin' - How did the neighbour know what registration number was on the 'logbook' ?

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12 minutes ago, Alan de Enfield said:

Just 'wunderin' - How did the neighbour know what registration number was on the 'logbook' ?

He probably didn't know.........but if front and back are different there's a good chance one of 'em doesn't match the logbook!

George

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5 minutes ago, furnessvale said:

He probably didn't know.........but if front and back are different there's a good chance one of 'em doesn't match the logbook!

George

We bought a car once and we'd had it 3 days before we realised that front & rear number plates were different. And that neither was correct!

Took it to the garage and the chap said "Yeah, the lad who makes up the number plates is a bit dyslexic."

Great job for him then... ;)

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7 minutes ago, Alan de Enfield said:

But you said ;

".....neighbour pointed out that whilst the front number plate matched the logbook......".

It was perhaps  in the day of tax discs and the correct number would be seen there by the neighbour :-) . Who would then know what the log book showed and he would be able to tell which number plate was wrong!  Do we still call that sheet of paper a log book?

 

haggis

Edited by haggis
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14 minutes ago, Alan de Enfield said:

But you said ;

".....neighbour pointed out that whilst the front number plate matched the logbook......".

For the pedants I'll repost ([approximately] doubling the size of the original post)

"I know someone who bought a brand new Ford Focus.

Some days after he bought it a neighbour pointed out that the front and back number plates were different, the front one matching the tax disk. On examination by the owner, whilst the front number plate matched the logbook - the back one didn't!"

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My first car was 11 years old when I bought it in 1964, I scrapped it two years later and the dealer noticed both number plates differed (RUM 750 instead of the proper RUM 730) It was insured for those last two years under the wrong number!

Cradle to grave and no one noticed. 

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On ‎14‎/‎08‎/‎2017 at 16:16, Cpickle said:

Does anyone have experience of using legal advisers to solve issues with boat supply companies? I am having issues with New and Used Boat Company and whilst going down this route is really the last thing I want to do, I just cant seem to get any resolution through talking to / emailing the staff there, I have been chasing various issues for months and months now and I am fed up. I don't know what else to do at this point other than instruct lawyers.

Bought boat in May, its a new boat and I've been given the wrong Annex - meaning that I have the wrong CB number and have therefore insured and licenced the wrong boat. No manual still either. It took me 3 months just to get a signed copy of the contract back. I just want to be able to have all the correct materials in place should I ever want to sell the boat in the future. Also, if I have a crash or something now my insurance is worthless, and I'm paying monthly for the pleasure! 

I also have some technical issues with the boat, at times it just stops steering and there is no obvious reason why - clear prop etc. The dial shows that the engine is still engaged when its not. Also the fan belt is screeching for the first 10 mins every time I turn the engine on, and its getting progressively worse. Ok, yes things like the fan belt I could get fixed or fix myself - but the boat is under warranty and the contract states that they must be given the opportunity to fix problems themselves. I reported these problems within 10 days of getting the boat as per the contract, again months and no progress. 

Another issue is that there are things in the spec that I was told I was getting and I've actually been given something else, for example -  spec said engine upgraded to 65hp engine, I have a 60hp. When I questioned this at handover I was told something like - oh sometimes the company names the engine a higher number than the actual hp. That would be absolutely fine if that was the case but I was told it would be Vetus 65 and I have received a Canalline 60. I'm sure I would have bought the boat anyway - but being miss led just adds to my annoyance at the above. 

Thanks again all for the advice. 

Cait

I think everyone has been beating around the bush in an attempt to be helpful (, why not), however, your problems are mainly ones of:-

  1. "snagging" - engine adjustments and so on
  2. User unfamiliarity - steering
  3. Wrong description - Annex ? CB number? - insurance details 
  4. Engine type " misunderstanding"

I'm trying to be a disinterested party and mainly want to save you more frustrations and probably lots of money as well. It's likely none of the above are 'actionable' at Law, the remedy being by warranty claim (item 1). Item 2 is down to you - perhaps a training course will show you what you can and can't do in a widebeam - your cost

Item 3 is easily fixed by contacting the insurance company in the first place, who could even be persuaded to contact the vendor for the correct details

Item 4 - A Vetus 65 is quite an unusual engine to be fitted in an inland waterway boat, although I've heard of such a specification where a travel power or special hydraulic packs were fitted - so there's an element of doubt... Vetus' are very expensive to fix when they go wrong, so it may be beneficial for you not to have one...

Your remedies then are of -

  • Warranty function
  • Documentary adjustment
  • Training 

You might / will get a more satisfactory and cost effective solution if you engage the services of one of well respected Inland waterways boat engineers (not mechanic) who is known to the vendor and take it from there.

The above is not what you want to hear - but hopefully - save a lot of grief in the long term. 

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Vetus 65 fitted in my widebeam as standard, with tiller steering and no travel power - so far so good, lots of oomph on rivers and can stop pretty quickly. 

 

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17 minutes ago, Meanderingviking said:

Vetus 65 fitted in my widebeam as standard, with tiller steering and no travel power - so far so good, lots of oomph on rivers and can stop pretty quickly. 

 

I stand corrected, but who built your widebeam? Some top end boats do have Vetus....

Whichever - in this case it's a matter of hearsay, unless there's a written specification for that particular boat.

Edited by OldGoat
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1 minute ago, OldGoat said:

I stand corrected, but who built your widebeam?

Whichever - in this case it's a matter of hearsay, unless there's a written specification for that particular boat

My boat was built by Bluewater Boats 11 yrs ago, we just specced up on some of the interior fittings.

I agree that a written specification will prove what was ordered, verbal agreements can also be binding, hence as advised in my previous post to the OP I think some legal advice would be useful. The Consumer protection Act 2015 sets out some clear criteria for making a claim against a supplier of goods and services that are not fit for purpose or as described. The citizens advice bureau can also provide free advice and trading standards will usually advise people to consult the CAB first. 

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I agree with Old Goat, there's nothing actionable here and employing lawyers would be a total waste of time and money though I'm sure you will find any number of solicitors only too happy to write a few letters for a ridiculous amount of money.

I don't have any experience or axe to grind with New & Used Boat co. but they do use a lot of flowery language and gushing testimonials to emphasise their wonderful customer service.   Well most of us would take that with a shovel of salt but I can see why someone who has been led on by their "going the extra mile" bollox would be a bit miffed at the actual service.

Personally if I was in this position I would go to N&UBC and say look,  could you at least sort out this problem with the steering then I'l be happy.  Then when they have fixed that you can go to the next item.  It's sort of managing the work for them I know but if you present as a customer that will only be happy if everything is resolved pronto, there's a risk that nothing will happen as the company go into panic mode. 

 

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to add to some advice.

Don't write anything your not prepared to follow up.

And if you do withhold any payment make sure you put them safe so when the issues are resolved you can immediately pay the missed payments so you don't fall behind and have other issues.

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1 hour ago, Neil2 said:

I agree with Old Goat, there's nothing actionable here and employing lawyers would be a total waste of time and money though I'm sure you will find any number of solicitors only too happy to write a few letters for a ridiculous amount of money.

I don't have any experience or axe to grind with New & Used Boat co. but they do use a lot of flowery language and gushing testimonials to emphasise their wonderful customer service.   Well most of us would take that with a shovel of salt but I can see why someone who has been led on by their "going the extra mile" bollox would be a bit miffed at the actual service.

Personally if I was in this position I would go to N&UBC and say look,  could you at least sort out this problem with the steering then I'l be happy.  Then when they have fixed that you can go to the next item.  It's sort of managing the work for them I know but if you present as a customer that will only be happy if everything is resolved pronto, there's a risk that nothing will happen as the company go into panic mode. 

 

There's not much more important in a boat that you can't steer it, given that the non spec engine is still running.

The main problem the OP will have is getting the problem fixed properly, within an agreed timescale, and that timescale stuck to.

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12 hours ago, mross said:

But my poiint is that the defendant has to prove that the statement is true.  It might be quite hard to prove that he beat his wife.  This is why celebrities use UK law to sue for libel.  The law changed in 2014 to give some protection to websites but is still quite complicated.  I'm not a lawyer so I am only going by my understanding.  Many websites on the subject are misinformed or don't apply to the UK.

This is pettifogging at it's most pedantically dismal.

If it is a truth it cannot be libellous.

If it is a falsehood it libellous.

Publishing a truth is to be encouraged.

Publishing a falsehood is an ugly move that needs strong deterrents to ensure the right to publish the truth is maintained unfettered.

Nothing has changed.

Providing you're sure of your facts then publish and be damned.

 

 

Edited by tomsk
Inelegant prose
  • Greenie 1
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