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Old 19 September 2002, 12:49   #1
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Country: UK - England
Town: Bromley, Kent
Make: GS209
Length: 6.137
Engine: 4.3ltr 210hp Volvo Penta
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Flankers new boat on the Rocks?

I agreed to a deal on an ex demo boat at the boat show last Friday, and had a fax and letter back confirming my order and the price. I sent a fax last Sunday asking a few more questions, ones that I had learnt from here such as a) Is the engine on the boat within the manufacturers recommendations b) What warranty is there with the Hull and Tubes c) Could I be guaranteed my deposit back if sent immediately, that after a test drive (date to be agreed) I found it unsuitable d) Confirmation of the values of separate parts of the boat and weights for Insurance and towing. e) Confirmation of how many hours the engine had done (they say it es ex demo and has done 3hrs) d) Did they want a deposit cheque sent or could I hand it in at the Boat show this Saturday (I am going again). and some other questions about fitting the electrics e.t.c.

I got a telephone call yesterday from Tohatsu in Lymington stating they had not received the fax and perhaps their machine had been out of paper. After discussing the contents of the fax yesterday with them, and arranging a test drive for Saturday, I re sent the fax, with a promise of a telephone call this morning from them to clear up any of the questions. I heard nothing and after five calls to see what was going on I got my fax sent back this afternoon with "Sorry Boat Sold For Cash". I rang them up as I was paying cash to be told that the MD had sold it and that was that.

Well what can I say. I have made it clear I am unhappy as I bought quite a few accessories after shaking on the deal at the boat show on their advice as to what would be needed. A telephone call to explain what they were doing would have been the least they could do. Are the dealers different to the owners? it seems that way. I will wait and see if they ring me.

Pete (Still not got a boat yet)
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Old 19 September 2002, 15:30   #2
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Country: UK - Scotland
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Boat name: Seafari - VHF CH 71
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Surely should be yours??

Surely if you agreed and all that- on price etc and how the package was as you saw it - that was how you bought it??

If (which does happen at shows) Someone sells it 'beneath' you, it should not matter, as you were the first to agree to part with your hard earned cash - especially as you agreed to pay cash also- then a bad sales decision has been made - time for you to expose the dealer/manufacturer in question - surely??

what is the difference between your cash and someone else's??

Nothing


Pete F
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Old 19 September 2002, 15:53   #3
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Country: UK - England
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I have sent a fax asking for a full explanation, I would hope to have a reply by tomorrow. If not, I will not hesitate to share all the information with anyone who wants it.

What really annoyed me was that after agreeing to buy it I wasted the boat show looking for stuff for it, and not at other boats that I could have bought. I have the only car in South London with a Fishfinder, four fenders, VHF aerial, and floating rope in it. The fishfinder goes mad whenever I pass the local fish and chip shop! Maybe someone will be lucky if I take my wad down there this Saturday and wave it about, I am sure I could get a good deal on something, perhaps a SIB!

I am sure that there will also be someone out there who may want to upgrade and sell me theirs as a starter boat.

Pete
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Old 19 September 2002, 16:49   #4
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Country: UK - England
Town: Great Harwood, Lancs
Boat name: Tigger II
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Hi Pete

If you dont get any joy I would talk to a lawer I think that a verbal contract is just as binding as a writen one, providing you have witnesses to the agreement. This should be easy to prove as you have an order acknowledgement.

Eitherway I think you should name and shame the company.

Good Luck Gary
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Old 19 September 2002, 17:16   #5
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Gary,

Life is too short for all that, some on the Forum are aware of a serious illnes that I am just recovering from (like being told you only have 5 - 7 weeks to live, not funny at all). This was to be the start of something exciting and new, I haven't decided what to do about the Consultants at the hospital for tropical diseases for what they did to me, so a boat is very low on the list re lawyers. I just felt let down, but let's face it from what I have seen on this forum there are a lot of good guys around, I can't be bothered and won't waste time on the ar..holes that are about, I don't need them. As you said there are other ways to shame them, which would probably have more impact anyway. I took the purchase seriously (it is a lot of real cash) as you will see by all my questions, and the kind advice given. It is not the end of the world, but the principle that annoys me. I am not jumping the gun, I have said what I think in my fax to them, perhaps it is just a mistake! If they stick by what they have done, then they have stooped very low, you will all be the first to know at 5pm tomorrow.

Thanks for your support,

Pete
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Old 19 September 2002, 17:21   #6
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A verbal contract on goods, as opposed to houses, is binding in England. However as you were faxing to ask questions about return of deposit if boat unsuitable after test drive perhaps your side of the contract did not appear that solid to the seller. But practically a) do you really want to do business with someone you are in dispute with-things will not be easy if you have a fault to sort out even if you get the boat eventually, and b) what is the point of seeing a solicitor or whatever and paying legal fees that could be money put into your new boat when you have picked it-there are lots of boats out there especially as we come to the end of the season
Walk away and find yourself another boat and deal with someone with whom you will be on better terms with - and when you get it enjoy it cos thats what its all about!!!
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Old 19 September 2002, 17:26   #7
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Pete - our replies must have crossed going down the wire! seems you have already decided to go the way I would have done. Good luck with finding your boat
dave
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Old 19 September 2002, 17:29   #8
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Country: UK - England
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I agree with all you have said , but I will see if there has been a mistake tomorrow. Re the deposit, I understand that, but when I offered to pay by credit card at the show I was told they did not have the facility (strange for a main dealer) and told just to put a cheque in the post. There is less cover / safety / come back by paying by cheque, I didn't mind doing that, but that is why I wanted the confirmation about the return of it should the boat not be suitable.

Pete
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Old 19 September 2002, 17:30   #9
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Crossed again, great minds think alike!!

Pete
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Old 19 September 2002, 18:21   #10
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Pete,

Time to move on, I reckon!

You were uncertain that it was the right boat for you, and although I still reckon it was a bargin, you weren't 100% confident of the package.

There's loads of 2nd hand boats for sale, and some other good ex-demo boats, and of course every new boat imaginable...

I went on the buy-a-boat at the boatshow, and was wizzed around on a Tornado 585 + Merc115, Humber 6.5 + Evinrude Ficht 135, and a Redbay 7.4 + Evinrude Ficht 225. They were all superb boats, with the biggest being, of course, the most impressive.

Get a copy of "Buy-a-boat" - there's some more ex-dem boats in the RIB section at the back. Also a guy I know has his Temptress 7m + Mariner200 up for sale at around 12k.

If the dealer was so desperate to unload the boat to the first one with the cash, then he can't be too confident in his product. I did have a nose around the Diesel inboard version that they had on their stand, and after a 30 second conversation with the salesman, came away with the opinion that their attitude stank. Not uncommon in the marine industry, unfortuantely! A breath of fresh air at the show was the Geko helmets stand where I had a very interesting and enlightening conversation with their MD. It'll be worth a separate post later.

Rich.
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