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as i said before on another wrong page haven't logged on for a while just could' t sighn in for some reason but finally got back on.anyway i'm really only after some advice from you intelligent fellow hookers ,so here's the story. back in october 2013 we took the boat in for a heating problem to a mechanic down alberton way said yeah we can fix it .got it back, took it out same probem,took it back,got a ring boats fixed got a story so we went to hook the boat up and found they had scrubbed out the the tyre and bent the shaft on our brand new rachet style jockey wheel top of the range . dont worry the owner said we'll replace it.so we went on a unpleasant fishing trip as they still had'nt fixed it could'nt get more than 5 knots out of her before she started to heat up again worse than before we took her in for repairs so it was a long trip  back.so we take it back, mind you we already spent a grand on so called repairs,by now its april or may missed the whole summer season and wasted holidays cause they kept the boat for weeks at time.so we take her back for the third time ,have a big discussion about the whole ridiculuse situation.don't worry we'll fix it he says.a week later get a call, boats fixed took her out and she runs just fine.so my girlfriend ( who actually owns the boat)  and i go to pick it up got a new jockey wheel for it he says, we look and say that is not the same as the one you wrecked.he says i'm not forking out for that one it cost too much,obviously  my girl who is normally very quiet tells him off where he proceeds to try and assault her and would have if his wife and daughter had not got in the way and i mean physically got in his way.the argument con tinues to the point where he orders us of the property and would'nt let us have the boat back.we had to get the police in so we could get the boat back.as he had said he fixed her we went on a pre booked holiday down to port hughes,what a bloody disaster get about 300-400 metres out and she just conked out while underway as we were still fairly close to the shore we nearly ended up on the rocks.my question is this fellow hookers with out going to consumer affairs what would you do about it.cant afford lawyers spent all the money on the boat.

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Not a good story to read & going through an ordeal like that.

 

Firstly try Trihull's idea, if it doesn't work then.

 

I would suggest your girlfriend to take the boat to a marine shop that specializes in the brand of outboard she has. Have it repaired to her satisfaction with a report done on previous repairs that was carried out.

Then send a bill or claim back to the Alberton repairer. If this doen't work then

 

Put all the documents together & you may need legal assistance to write up a affidavit as a witness, then serve them with a summons to appear in the Minor Claims Court, this may jolt them into paying up before going to court also.

 

I know using just a Queens Counselor demanding payment works very well B)   

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silk

 

Just out of interest, without asking for a business name of course, is this a big enterprise in Alberton (easily googled) or a smaller operator?

 

If it`s not the big business, may be worth categorically clarifying that for the benefit of anyone who may view this thread. A few people would have googled by now, I am guessing.

 

If it is the big business, then...well, let`s just say that you are not obligated to answer any given post...I certainly won`t take offence if you don`t respond to me on this particular matter.

OR you could quite legitimately reply that you do not consider that aspect to be of relevance at the moment.

;)

 

It`s certainly not good for publicity in either instance and (in your case anyway!) for repeat business, sounds like a very unprofessional effort based on your version of events.

 

The tri and moggy suggestions would give some moral satisfaction, with the potential of maybe getting some money refunded, but you have to weigh that up against the time and effort involved at your end.

 

I am not sure as to the legalities of not being able to fix an unsolvable, intermittent and recurring problem if that is the issue (Moggy or others may know more) but to my simplistic way of thinking it would be not unreasonable for the customer to pay the cost of any parts used in trying to resolve the problem - no charge for labour would be the decent (and legal?) thing to do?

 

HOWEVER - putting on my devil`s advocate cap here - the obvious difficulty with what is possibly an intermittent fault(?) is of course where you get the "he said - she said" business with any downstream legal action;

- Mechanic in good faith fixes and tests, runs fine (let`s assume no porkie pies being told here!)

- Customer has the thing kak itself next trip out

etc, repeat, repeat...

Lots of head-scratching then ensues in the Minor Claims Court. Know what I`m sayin?

:(

You`d want to be bulletproof on this in terms of documentation, receipts, an independent test run, and so on...as I said, time and effort.

 

At least the jockey wheel thing seems to be pretty cut and dried.

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I hear what ya saying Kon & agree.

So far we've only heard one side of the story & that's were a 3 rd party marine specialist comes into play to diagnose the problem, which could take time & repair if possible.

It still could be something simple as a water pump, thermostat or even a blocked passage.

The proprietor of the company & the mechanics are responsible in trying to give the best service, even if that means saying they are not sure whether they fixed the problem or not & work with the customer.

I would of thought a technician would of test run in a test tank with the aid of a lazer heat gun & the second round of the repairs, a test run with the owner on the water to understand the problem further.

Then again maybe the owner couldn't afford this procedure & quite sure silk will let us know.

 

I've done investigations & reports for customers who have thought they have been hard done by an another repairer, car yards & private sales  if I find the complaint is viable I would proceed with a report & usually end up with the job of righting it. If I find the customer is wrong, I would polity educate the customer or he can find someone else to deal with his troubles & all ended up with a bill for my time. Luckily most never got to the courts as the matters were resolved.

 

Your right about being bullet proof, as I was involved in a report on a mates semi roll over down at Cape Jervis, I stated the wedges that were used in changing the caster angle on the front axle should never be used on this particular prime mover as they will work their way out, as there was very little holding them in & lost of steering as a result, which is what happened in this case. Long story short, I worked with the engineers for the insurance company & was awarded about 25% fault of the company that fitted them, insurance only repaired the truck. wasn't worth the trouble in the end. B)  

 

 

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thanks for your replies guys,moggy all those repairs were suupposedly done and tested,and we did pay for extra parts .you may asume who this repairer is all you want you are probably right ..all ill say is he has his own web site , and if he wants to take me to court for defimation ,i'll welcome it as we have police report about the situation.about getting another repairer to fix it for free and wait and see if we get the money for costs from previous repairer,please send me his phone number.my girl actually thinks he sabotaged the motor .when rang the cops to get the boat.ofcourse i told her that would be ridiculose.thanks for your thoughts looking forward for further opinions.i'll keep in touch

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silk,

 

Firstly you need to state what engine you have, if you want help finding an "authorised servicing agent"

 

Next, you probably won't like this one, BUT, you will need to take your engine to the dealer and PAY for a documented report, diagnosis / repairs, and if required photographic evidence. 

 

You will not find a service agent that will repair your engine for free.........

 

Once you have all of this, and it is found that you are correct in your claim of shoddy work, then you have the required evidence to take it to the Small Claims Tribunal, or Today Tonight, to try and recover your previous costs, and for the costs of the repairs. 

 

Hope that this helps out somewhat

 

Trihull

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I would start with consumer affairs and ask if they have someone they use for inspection/documentation (which you will have to pay for). Let consumer affairs do some of the work for you, however at the end of it they do not have much clout at which stage you will need to try small claims. Look up your local courts website for the process, and keep in mind all this is going to drag on for months. If you go to small claims, make sure you present your case well and have plenty of evidence to back up your claim. It will be a case of your word against the repairer and the magistrate will want to hear/see no bullshit answers. I've been through it before and had a good outcome but it's slow and not really rewarding for the time invested. 

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