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Legal Advice Required


Old Son

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1 minute ago, howardang said:

I couldn't agree more and IMHO that's the downside of this forum (and other similar ones). Too much irrelevant information which, although possibly accurate, can really cloud a straightforward issue and I suspect leave the enquirer more confused at the end than at the beginning! It would be nice to see some so-called experts preface their remarks with a comment such as "in my experience" or, heaven forbid, occasionally acknowledge that there may be more than one way of solving a problem and that others may have a better solution.  I think, however, that this is a forlorn hope. For what it's worth, my advice to anyone seeking advice on forums such as this would be to look at the various postings but don't necessarily assume that all contributors are necessarily experts or even experienced in all matters, and I include myself in that.?

 

Howard

Maybe if the legal problem had be outlined in the first post there would have been a lot less nonapplicable answers 

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30 minutes ago, howardang said:

I couldn't agree more and IMHO that's the downside of this forum (and other similar ones). Too much irrelevant information which, although possibly accurate, can really cloud a straightforward issue and I suspect leave the enquirer more confused at the end than at the beginning! It would be nice to see some so-called experts preface their remarks with a comment such as "in my experience" or, heaven forbid, occasionally acknowledge that there may be more than one way of solving a problem and that others may have a better solution.  I think, however, that this is a forlorn hope. For what it's worth, my advice to anyone seeking advice on forums such as this would be to look at the various postings but don't necessarily assume that all contributors are necessarily experts or even experienced in all matters, and I include myself in that.?

 

Howard

If there are several opinions, so be it, but no one has suggested going to Court or taking legal opinion, which I think was the reason for the post?

I'm not sure the question is simple.

A forum, going back to the Greeks and the Romans, is a meeting place for people to publivly express their views, there can be no discussion if everyone has the same opinion

Edited by LadyG
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8 minutes ago, ditchcrawler said:

Maybe if the legal problem had be outlined in the first post there would have been a lot less nonapplicable answers 

 

 

It could only really be one of two things :

 

1) No RCD / Not RCD compliant

2) Not fit for purpose / not as advertised

 

As per post No2

If it is No1 then she needs marine legal assistance, if it is No2 then she needs someone with expertise on the Cosumer Rights Act 2015 (which replaces the Sale of Goods Act 1979)

 

If she is looking to take legal action it would be unlikely to succeed and she would be throwing away money that could be used to repair the boat.

Under the new 2017 regulations the lack of the RCD is a worry, but she can certainly investigate proceedings against the builder. (Remember the last one to work on the boat becomes the builder, so whoever fitted it out is the builder, not the Hull builder)

Edited by Alan de Enfield
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3 hours ago, Old Son said:

... The boat was sold as being 3 years old, it turns out the boat is actually 4 years old.

There are valid reasons why this could happen, without any dishonesty.  A boat doesn't have a defined "date of birth": is it when the shell was started / shell completed / fit out completed / delivered "new" to first owner, etc?  Even if there was an agreed date, I am sure there would be plenty of sale particulars drafted when a boat is "x" years old, but which then pass a "birthday" without those particulars bing updated so are ""x+1" when sold.  And a one year difference doesn't really matter at all - it is not like there is an MOT certificate which expires after 3 years.

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22 minutes ago, howardang said:

I couldn't agree more and IMHO that's the downside of this forum (and other similar ones). Too much irrelevant information which, although possibly accurate, can really cloud a straightforward issue and I suspect leave the enquirer more confused at the end than at the beginning! It would be nice to see some so-called experts preface their remarks with a comment such as "in my experience" or, heaven forbid, occasionally acknowledge that there may be more than one way of solving a problem and that others may have a better solution.  I think, however, that this is a forlorn hope. For what it's worth, my advice to anyone seeking advice on forums such as this would be to look at the various postings but don't necessarily assume that all contributors are necessarily experts or even experienced in all matters, and I include myself in that.?

 

Howard

 

And me, although perhaps I might know a bit more than a typical boater about certain subjects. As far as I am concerned every day is a school day one way or another.

 

 

  • Greenie 2
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5 hours ago, Tony Brooks said:

 

Those were my thoughts but I did not post them because of the danger of being put off for life you identify. I also wonder how someone who's not very technical can sort the good advice from the bad and downright misleading. I am not suggesting the poor advice is malicious though,

 

In the end, you have to take a punt on which bit of the occasionally contradictory advice you take. Same as with everything on the net, really. If you stay here a while, you pick up on who actually knows stuff with real expertise and training, and those who speak just from experience. Both are useful.

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5 hours ago, ditchcrawler said:

Maybe if the legal problem had be outlined in the first post there would have been a lot less nonapplicable answers 

Very true but I was actually speaking more generally than just this specific thread. 
 

Howard

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17 minutes ago, Arthur Marshall said:

In the end, you have to take a punt on which bit of the occasionally contradictory advice you take. Same as with everything on the net, really. If you stay here a while, you pick up on who actually knows stuff with real expertise and training, and those who speak just from experience. Both are useful.

Quite right but also sometimes a good talker or manipulator of Google can give a false impression of their background and/or experience?

 

Howard

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2 hours ago, howardang said:

Quite right but also sometimes a good talker or manipulator of Google can give a false impression of their background and/or experience?

 

Howard

Very true, which is why you should never believe anything on the net without double checking. Mind you, that goes for the papers too, except the Mail, Telegraph and the Sun, which you should just never believe.

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7 minutes ago, Arthur Marshall said:

Very true, which is why you should never believe anything on the net without double checking. Mind you, that goes for the papers too, except the Mail, Telegraph and the Sun, which you should just never believe.

Thank goodness the Mirror is OK

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11 minutes ago, Arthur Marshall said:

Very true, which is why you should never believe anything on the net without double checking. Mind you, that goes for the papers too, except the Mail, Telegraph and the Sun, which you should just never believe.

Does this mean Freddie Starr may not have eaten someone's hamster after all?

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On 25/04/2021 at 12:58, Cheese said:

There are valid reasons why this could happen, without any dishonesty.  A boat doesn't have a defined "date of birth": is it when the shell was started / shell completed / fit out completed / delivered "new" to first owner, etc?  Even if there was an agreed date, I am sure there would be plenty of sale particulars drafted when a boat is "x" years old, but which then pass a "birthday" without those particulars bing updated so are ""x+1" when sold.  And a one year difference doesn't really matter at all - it is not like there is an MOT certificate which expires after 3 years.

RCD date is important as after 4 years is when the first BSSC is needed

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40 minutes ago, Mike Todd said:

RCD date is important as after 4 years is when the first BSSC is needed

I wonder if the boat in question was ever licenced, with no RCD it would require a BSS which I think the OP said along with the RCD it doesn't have

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45 minutes ago, Mike Todd said:

RCD date is important as after 4 years is when the first BSSC is needed

Yes, after 4 years you need a BSC, but there is no reason why you can't get a BSC earlier. Home -built-for-own-use boats using the five year rule have to do this.

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1 minute ago, David Mack said:

Yes, after 4 years you need a BSC, but there is no reason why you can't get a BSC earlier. Home -built-for-own-use boats using the five year rule have to do this.

But that first BSS lasts for 4 years and the OP said this boat doesn't have one, so therefore it has ether never had one of not only is the boat more than 3 years old, its more than 4 years old

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4 minutes ago, ditchcrawler said:

But that first BSS lasts for 4 years and the OP said this boat doesn't have one, so therefore it has ether never had one of not only is the boat more than 3 years old, its more than 4 years old

Or the paper BSC was not provided to the buyer at the time of purchase (but it may still be shown on CRT's system).

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It seems paperwork was promised when the boat was purchased and none of it has been forthcoming. Your advice has followed my own thoughts and whilst appearing quite unfair on the purchaser, she should have sought advice.

I don't think she will take this any further, take it on the chin as a lessons learnt.

It puts her in a difficult position if she wants to sell the boat, no RCD. She will probably have to wait until the boat is confirmed as 5 years old and get a BSC.

Thank you for all your input.

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1 minute ago, Alan de Enfield said:

 

It was a male, and not only sold us Mars bars, but broke down packs of Players No10 Cigarettes and sold us singles with 2 matches.

Them were t'days! Handful of cold gravel for breakfast and then having to lick t'road clean wi t' tongue. You tell t'kids of today that - they won't believe you! 

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