Essex boatyards…is this too much to ask?

rob1699

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Location
Crediton, Devon
www.helmores.com
Sorry if this is a long one...

I purchased a 2004 Fairline Targa 34 called Johanna Jayne from Essex boatyards in August last year, for cash, no p/x as I sold my previous boat (a Targa 30) privately.

A couple of days after the boat was delivered to Torquay I discovered that the owners pack was not with the boat (the blue leather folder with nicely printed details all about the boat), so I brought this to their attention immediately. No worries they said we’ll sort it out asap, it must be with the previous owner.

Unfortunately, it was not with the previous owner, and to get a new one printed from Fairline the cost would be in the region of £500, which I was expected to pay for or at least contribute the lion share of, as they said that it was the fault of the previous owner that the pack was missing.

Now, the fact that it was a stock boat – not brokerage (it was taken back in p/x against another boat) I consider the responsibility of providing all the documentation rests firmly with Essex, (particularly as they are main Fairline dealers), and not the previous owner. My view is that my contract was with them and not the previous owner, so the onus is upon them to provide all the paper work.

When I pointed out that I was concerned about possible resale issues without the original pack, the remark was “well you bought it without the pack didn’t you?”…yes I did…but I didn’t realise it was missing, and I didn’t for one fleeting moment even think that it would be an issue as I was buying with absolute confidence from a main Fairline dealer.

To cut and long story very short, I’ve done every asked of me, I’ve searched the boat from top to bottom, I’ve provided photographic evidence of every piece of paperwork that came with the boat, and 7 months later I’m no closer to getting the matter resolved, unless you count being offered a photocopy of the pack, which in my book is totally unacceptable on a £165k boat! Would you find the same acceptable from a Porsche or a BMW dealer? No way!!

Last week I decided to write a polite yet firm letter giving them one last opportunity to resolve the matter, and guess what….I have heard absolutely nothing.

I am now very tempted to give the file to my solicitor and [--word removed--] the cost as it has now become a matter of principle.

Am I expecting too much, or am I being taken for a complete idiot? This does not give me any confidence to purchase another boat from Essex, or even another Fairline if this is how their main dealers treat their customers.

Your views on where I should go from here would be very much appreciated.

Rob

Ps I don't mean in anyway to detract anyone from making a boat purchase from Essex as the initial buying process was absolutley excellent, its just that after 7 months of getting nowhere I am totally exasperated, and am seeking advice from board members.
 
Can I ask what the book contains? Is it important safety information such as engine operating instructions, sea cock locations, RCD operating info or anything like that?

Or is it just a flash brochure produced for the owner?
 
It's not a flashy brochure, but the essential user manual for the boat which includes information on: stopcocks, electrics, controls, wiring, plumbing, maintenance etc, etc. I had one on my T30 and it was a pretty comprehensive pack. I've been stuck on a few things without it, and I feel it would be especially essential if an emergency arose.

R
 
I had a similar Issue with my Regal. The owners pack bag was with the boat...I did not check it and it was full of Cr@p, not an Information thing in sight. It was however my fault as Esssex did sell the boat as seen and they did sort out warranty work as per contract.

Would you buy a car without seeing the V5 or service history? On a possitive side I have sorted out the pack with free adobe downloads from Volvo and regal USA sent me the owners manual free of charge. I think you need to contact Fairline and see what there Customer service is like.

Essex do what they say on the pack.....and nothing else. Sorry if it seems a bit like 'hard news' but take it as a learning curve. If Fairline want to charge you £500 they are ripping you off!

Paul
 
In that case, I would suggest that Essex are a little remiss in not supplying it with the boat.

I have to say that I am suprised with their attitude. I have always found Nick and James very helpful, thorough and above all else very fair when resolving problems and issues with boats. I am suprised they have not responded to your letter, but would voice a word of caution before taking legal action.

You would have signed an order/delivery invoice and a contract that I imagine makes no specific note to owners pack in the list of accepted equiptment suppplied with the boat. Any form of legal action is expensive for both parties, probably more than the value of replcing the pack, and will leave a very sour taste in the mouth making it a much more unpleasant exoerience trying to get help from them in the future.

Shurley reason is the way to go, and perhaps a direct call to James Barke might mean a reasonable compromise can be reached.

I think you should give Essex a second chance - I see that you have been let down by them, but the experience of myself and others on this forum would suggest that given an opportuity Essex will put it right.
 
Don't know what the legal position; it would be easier if it was on some kind of inventory either specific or implied. If they eg claimed standard specification plus extra bits, you could argue that a manual was part of the standard spec - and perhaps get them to contribute? Good luck. Sounds like hassling them face to face rather than by letter might get their attention. I had the same problem 10 years ago again from a main dealer stock boat. I never did get anywhere!
 
It might be worth starting with the Small Claims Court, which you can do online, as the costs are smaller. It may produce a result when they note that you are serious about the matter.

Also, a call to Fairline saying how disatisfied you are by their agents could also move things along (hopefully).
 
I know mines a raggie Jeanneau, but the Owners Manual on Jeanneau has the original signed RCD certificate as part of the manual, and is very specific that the manual must form part of the onward sale of the boat.
If that is th case with the Fairline, then Essex have an obligation to provide it as a legal document I would have thought.
 
What a load of crap. I bought a merc a few years ago, still laugh at myself for pressing buttons, I know what which, cos no book. But I bought a car, not a book. I had a button with wiggly lines on it, I took it for the air conditioning for years. No. It was the rear window demister. What a silly prat I am. My boats crammed full with books on every part stem to stern. Not one of them is a blind bit of use. Think yer a bit of a [--word removed--]!!
 
Hiya Rob
I'm in the process of completing a deal with Essex Boat yards as we speak. Having met most of the chaps I get the feeling they are solely "salesmen" who are not very experienced in anything but, like follow up. Might just be me, but "I'm holding the cards" on the deal I am having with them at the mo, i.e mimimal deposit till I see what developes. If there are any points you could suggest I'll raise them and see what reaction I get.
Syd
 
Take a different route perhaps?

As this bit of cardboard and paper seems very important for some reason,why not contact the previous owner direct and save everyone a lot a time and trouble.
If,as I suspect,the previous owner has either binned it,lost it or just does realise that he did not hand it on,then some sort of positive action can then be taken to recover/replace the document.
Most owners of boats are always interested to hear from subsequent inheritors if only to bore you with stories of derring do and high adventure involving the boat,always leaving out of course all the stuff involving bashes and crashes etc.
 
hi
my feelings are if all the documentation remains with the boat or car the previous owners have probably looked after the boat/car full of service receipts i keep everything in ring binders.
regards
marc
 
Thanks for all the feedback, I think I will start with Fairline, as I've lost count the number of telephone calls and emails to Essex.

I'm certainly not bleating just about a bit of card and a few sheets of paper here, the owners pack is much more than that, its a thick leather binder aside from all the essential info on the boat it contains specific details to the boat ie hull number, engine serials etc, same as Jim pointed out on his Jeanneau, and it should form part of the onward sale of the boat.

I really feel that I can't adopt a flippant attitude as a couple of posters have suggested....this boat was a MASSIVE purchase for me and I'll probably still be paying for it for many years, but you stretch yourself if you really want something.

oldgit - already tried this, they said it was left on the boat. No sign of it anywhere.

syd - don't make my mistake and assume your in safe hands with boat paperwork...during your negotiation praps you could let them know that you are aware of my situation...any leverage here would be much appriciated!
 
Rob,

A point to note is that often kit is left on boat. However because of Unaccompanied viewing 'people' help themselves. When I agreed to buy my boat there was a one year old GPS with it (hidden in the wardrobe. This was on the sale spec. When it arrived it had gone. Essex did share the cost of a new one with me and I upgraded at just under cost price and they paid postage. However my Bow cushions (how do you nick off with those) dissapeared but were not on the spec. I think that another similar boat which they had for sale had nicked them (or made it part of deal). It was not on Spec so I had no Joy. I was not trying to be flippant but see what Fairline say and get an actual cost and go back to Essex and say 'Lets share the cost'. You may have some more luck that way.

either way you need it so get it ordered,

Thanks

paul
 
Rob - don't think that the flippant posts were intended as such but more to balance the other responses suggesting small claims courts and the like.

Should it have been a condition of sale ? - for you obviously yes

Was it? - clearly no

Is the some sort of implied condition of sale, through legal requirements etc? - the fact that it can be subsequently purchased from the dealer would suggest not.

Was there someone in the sale who should have been acting in (protecting) your interests? - from the picture presented there wasn't.

Thank you for your post highlighting the need to go carefully through a checklist of those issues important to 'you' when purchasing a boat.
 
SNIP_______________________

I am now very tempted to give the file to my solicitor and [--word removed--] the cost as it has now become a matter of principle.

____________________

"A matter of principle" - the words that bring joy to every lawyer in the land.

If it is a commercial/financial matter, which it sounds as though it is, then pursue it. If it really is a matter of principle, drop it.
 
What was it Tommy Cooper said after leaving a pub and forgetting to collect a small amount of change owed to him?
Its not the principle .....its the money /forums/images/graemlins/grin.gif
 

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