Trader - how to force them to fix my boat!

[Gludy]

I have just spoken to Trader only to find that they have not done the majority of the work promised this week - yet again. The reason is that they will not pout the manpower into the job. This was after I applied a huge amount of pressure to try to get them to keep their word.

On top of having to replace every grp door on the boat (external cupboards etc) they have now discovered blistering on the main grp structures supporting the aft deck seating and so jobs are actually being added to the list.

No matter how I try to organise them as we pass the 2 months mark they simply will not provide the manpower and at this rate the boat would be there into the summer and even then many jobs left.

I really gave them a chance to repair it all, I really have tried so hard to take pressure of and see if they keep their word but they never do. The only thing they are consistent about is that they fail in keeping the word in a very consistent manner.

I already know of 6 b oat orders they did not get including at least 2 new 64's but even that Tony Chappell does not seem to take any heed of.

I have no reached the point where I simply have to get nasty and so I am now thinking that if the boat is not ready within the next 2 weeks - making it a period of 10 weeks at Emsworth, then I should organise an event in their public right of way, which runs right through their yard for their open day plus re-opening all the history on the ocean Deep site and placing mag adverts to point people towards the site.

I had hoped to be sailing Biscay in May. People had organised leave and many arrangements had been made - all that may now go to waste.

So I am after ideas on how I can make them sit up and take notice so that the jobs are finished and I can escape Emsworth.

I am therefore open to any ideas on how best to open a multi-front campaign against them to get them to react.

Emails to trader expressing disgust would not go amiss if anyone cares to send them.

I am now desperate.

If I have to stage such an event at Emsworth - how many could turn up?

 

[Whitelighter]

Happy to come along. If only for the spectacle.

 

[fluffc]

Would you be prepared to take them to court?

I would suggest sending a formal (but polite) letter to them outlining your concerns, and a thorough list of the agreed actions. Also state what you would like them to do, and in what time scale. Request an answer by a set date.

If no response, or unsatisfactory response, send them another letter saying all the same stuff, but with the phrase 'if I do not receieve a satisfactory resonse by (date) then I will consider legal action.'

9/10 that this will get them back to work.

Of course, if still no success then you do have the law on your side - speak with Trading Standards / CAB if no success after a formal letter.

Remember to stick to the facts, and avoid 'opinions'.

 

[sailorman]

i think you need to "Bone-up"on this subject /forums/images/graemlins/laugh.gif /forums/images/graemlins/smirk.gif

 

[Gludy]

I am taking them to Court for breach of contract anyway - that takes time.
The claim will be circa £100k for lloss of use and direct expenses.

I will ask my lawyer if there is a way to take legal action to force them to do the work promptly - I think that seems difficult butI will try.

Do not forget they do not answer letters as a matter of routine and so any formal action like that is like walking through knee high mud.

The owner Tony Chappek considers the publicity so far of no great concern but I know of 6 boat order, including 2 64's already lost.

He is even used to the placards bit because others have tried it at boat shows. I am dealing with a very thick skin here.

 

[LordJohn]

Gludy

you have my deepest sympathy, the frustation must be unbearable. I think that all of us have had problems with new boats but in my experience no where near as extensive as yours and in all cases the dealer/manufacturer has responded quickly and with genuine concern.

One idea I have had is trying to get MBY to run an article. If you give them facts that they can verify then they shouldn't be worried. They owe this sort of honest reporting to their readers. I think this should come above advertising revenue.
Before your news I was actually thinking that my next boat could have been a Trader. I wouldn't consider them now.

Best wishes.

 

[PCUK]

Have you thought of contacting local BBC TV, they have no advertising to worry about.

 

[Captain Coochie]

What about watchdog , they love trapping dodgy fellas .

 

[sunquest]

Excellent idea 'Traders from Hell'. Has a certain ring about it. In all seriousness, the BBC or ITV do these type of programmes and there must be many more examples of poor workmanship in the marine industry to warrant a series.
My sympathies and best wishes go with you Paul. Geoff

 

[pissativlypossed]

Hi Gludy,

I am sure this must have been aired before, but why don't you just reject the boat as not fit for purpose? Sorry for asking the question if it has been asked, but it seems the most logical course of events.

 

[Gludy]

I have taken up the Watchdog suggestion and emailed them details. I have also contacted other TV programmes.

I would very much like the MoBo mags to do an article on this story - it is a remarkable story and I have all the eviodence in writing, video and photographs. So how about it editors?

I cannot reject the boat because tarquin have no assets and once I state I have rejected it they could sell it and not pay me - I risk losing the boat and the money! I took legal advice on this very point.

 

[Marsupial]

A terrible situation to be in.

You mentioned before they have no assetts so legal action is going to be long and difficult and not provide the remedy you seek.

Instead of organising an event with a high profile at Emsworth how about . . will PM you

 

[andyball]

This should be one of Hugo's "what now , Skipper?" threads really, and be featured in the next issue of the mag.

In terms of what will actually get things done in the next fortnight... that's very hard, since tc thinks he runs TeflonTarquin & the short time-scale leaves little scope for more than threats of what may happen, which umm, may see work stopped altogether due to "unforeseen circumstances".

 

[rubberduck]

Steve the mechanic on rogue traders is a good friend of mine. I will see if he can get them interested for you.

 

[Gludy]

Ity would make a good story for Rogue Traders and its a very suitably named show!!

 

[Pete7]

Paul, I really feel for you, this is a buyers worst nightmare, but I am for turning up at a protest for a spot of fun, there next open day could be ideal /forums/images/graemlins/grin.gif As you say there is an public footpath right though the yard, staggered home along it often enough /forums/images/graemlins/smirk.gif

Pete

 

[DougH]

Paul,

As you have been advised do not under any circumstances ' reject ' the boat for the reasons you are aware of.

I would contact a marine solicitor such as Chris Fairfax of Tyler Law (0870 40 30 20) and accertain the true legal position as to whether you could remove the boat from Emsworth and have a third party rectify all the faults at your cost.
It should be then possible to invoice Traders for the repairs and if they do not pay issue a Winding Up Order.
Traders will obviously contest the order but will have only 14 days to do so, so at least you are bringing the whole matter to a head.
Unless you accept that you are going to have to arrange for the repairs yourself you are only going to make yourself ill.
Spend some money with Chris Fairfax (he is a Barrister) and stop looking for what are spurious answers.
None of the people giving advice, including me, are legal experts.
Best Regards
Doug

 

[rubberduck]

He is now also involved with watchdog. Just spoke to him, he is going to make enquiries tomorrow.
pm me your mobile no so I can pass it on if they are interested.

 

[SteveE]

I think Doug has summed it up, you will never get satisfaction from these idiots, the obviously do not care at all, and are not interested in getting your issues fixed. You have proven that they have lost 6 sales, so your satisfction should be a priority..

They have no money, I do not think this is a manpower issue, it is "we have no funds to close this issue"

Pay for the repairs, get your pride and joy onto the seas, serve them with a "stat demand" for the costs and force the issue...

 

[Gludy]

Chris Fairfax is already my lawyer on this.

He will be handling the court case for compensation.

At present the boat is in a mess and the engines could not even be started. Nor can it be taken byy road.

It would be very diffciult to remove it or even get all the different contractors to it without losing this summer.

TC knows this but does not give a toss about it.

I will contact Chris again tomorrow to see if I can take a quick legal route to force them to do the work by any means possible.

In the meantime I have acted on the publicity suggestions.

SWMBO is pretty upset about it all and the stress os having to chase every point from 3 hours away and devote every weekend to getting my new boat to work properly is beginning to take its toll. Most of all because of the incredible attitude of Trader.