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Old 26 September 2008, 15:40   #21
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What's happening with Prosport now? Are they still in business?
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Old 26 September 2008, 16:22   #22
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What's happening with Prosport now? Are they still in business?
the court judgement states:

The Builder has now gone out of business. The successor proprietors of Pro Sports have no obligation to the Claimants.
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Old 26 September 2008, 16:31   #23
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Classy Boats, would you like to identify youself, your particular interest in this and indicate the reasons for your posting this on Ribnet.

Identity card has not yet been received but the Sherlocks around may have deduced that I was one of the wronged parties in this drawn out and draining saga.

What I have seen (personal observations based on our experience only) is an industry which appears to feel that it is a law unto itself where RCD, CE Plates, Coding and Technical Construction Files etc are dismissed as irrelevant with arrogant disdain. These are the things which rightly or wrongly are meant to help in keeping us all safe on the seas be it for leisure use or on passenger boats.

We have also observed what we think to be a tendency to disregard even the basic tenants of good commercial practice, contract law and the general duty of care found as between any boat builder/customer or surveyor/client.

The Court has awarded proper reparation for the damages we suffered and we can ask no more financially. That is, of course, when eventually the professional indemnity insurers get around to paying the final tranche! We can never be recompensed for all the time, risk, sweat and tears that go into fighting something like this.

We, however, bear no malice to anyone involved in fact the defendants are really nice people.

The objective of bringing this into the open is the same impetus that has driven us to incur 80k legal cost to recover just 50k..

We want to try to make sure that no one else is put through what we have been through. We can see how easily someone could invest their life savings in a dream boat to be left in just the same mess as we were left in and not be able to fight back.

We hope that we may be able to give a little prompt to those in the industry - builders, surveyors and compliance authorities to take a serious look at what is happening. Discussion on such a forum may help. We hope other will support our view that this is needed.
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Old 26 September 2008, 16:43   #24
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The objective of bringing this into the open is the same impetus that has driven us to incur 80k legal cost to recover just 50k..

We want to try to make sure that no one else is put through what we have been through. We can see how easily someone could invest their life savings in a dream boat to be left in just the same mess as we were left in and not be able to fight back.

We hope that we may be able to give a little prompt to those in the industry - builders, surveyors and compliance authorities to take a serious look at what is happening. Discussion on such a forum may help. We hope other will support our view that this is needed.

Well done , as someone who has found themselves in the same arena, with out the money to fight it, I applaud you.

From here on in , I will be asking questions with my next boats, and I suggest every one else does the same
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Old 26 September 2008, 16:55   #25
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Just a thought, but my simplistic understanding of the rules is that any new boat sold in the EU since 1998 (or is it 1996?) must be RCD compliant. Presumably it is the duty of trading standards to ensure compliance?

Prosport was a Guernsey company who would not normally be subject to the regs. Guernsey is not part of the EU (or UK) and UK trading standards officers would have no jurisdiction over there. If some wronged party tried to make a claim against the manufacturer, I guess they would have a hard time identifying which official body would take up the case. I can't see anything to stop Prosport putting an RCD CE plate on their boats whether they were compliant or not. And I suppose the question would also arise as to who imported the boat into the EU, Prosport or the customer.

This is obviously a totally separate issue from negligent surveyors.
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Old 26 September 2008, 16:57   #26
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What's happening with Prosport now? Are they still in business?
The moulds and name (and goodwill ) were apparently sold onto a UK company.
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Old 26 September 2008, 17:28   #27
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Well done , as someone who has found themselves in the same arena, with out the money to fight it, I applaud you.

From here on in , I will be asking questions with my next boats, and I suggest every one else does the same
I second that it is great that someone took it one step further but a shame that the only winners were the lawyers the industry does need tightening up in this area not enough buyers know about CE.

Name and shame them all !!!
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Old 26 September 2008, 17:47   #28
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Survey for new boat?

Neil
You asked who would employ a surveyor for a new RIB. I would suspect that the boat (in question) was required to be MCAcoded by the purchaser. It was this requirement that instigated the survey.

Classy boats can confirm?

cheers
Paul
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Old 26 September 2008, 19:16   #29
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Neil
You asked who would employ a surveyor for a new RIB. I would suspect that the boat (in question) was required to be MCAcoded by the purchaser. It was this requirement that instigated the survey.

Classy boats can confirm?

cheers
Paul
Confirmed. We knew nothing about the RCD until we were (correctly) advised by the surveyor doing the Coding that, for "dual use", we needed a RCD/CE Plate as well as the MCA Coding. Trouble was the RCD/CE side was flawed - and was then used as the basis for saying the RIB could be Coded.
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Old 27 September 2008, 05:18   #30
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Applause

Frightening stuff. Well done Classyboats.
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