Alternative Dispute Resolution

I bought a large and expensive leisure item in 2013, I'm not going to say exactly what is ATM. It was apparent after 3 months that there was a major fault. Since that time the supplying dealer has attempted repair and the manufacturer has also made a repair, both during 2014.

Last week I noticed evidence of recurrence of the problem indicating that the manufacturers repair had been ineffective. I have since had an independent industry accredited engineer verify my findings.
I have had some legal advice. During the first episode it was with a firm of solicitors through my home insurance supplier and latterly with them again, Consumer Advice and Which Legal.

I have had conflicting advice from each of them seemingly based on confusion as to whether the Sale of Goods Act applies or the more recent Consumer Rights Act. I am now considering authorising the solicitors to compose and send a letter to the supplying dealer (that would be free!) and then me pursuing them afterwards for some kind of restitution, well, money really.
 
What is the items warranty like and is the fault proven to be a result of poor manufacturing or is there a chance it can be put down to ill-use, neglect or wear and tear?

Is the value of the item worth all the time and money invested compared to an independent person repairing it?

What sort of use did you get from it in between repairs?

What would you say the expected life of the product is?

Also lucky guess, is it a hot tub?
 
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Spit it out OP, we won't judge.


Maybe.


Probably.


Actually no, don't tell us. We'll tear you to shreds :p
 
Avenged7Fold said:
What is the items warranty like and is the fault proven to be a result of poor manufacturing or is there a chance it can be put down to ill-use, neglect or wear and tear?

Is the value of the item worth all the time and money invested compared to an independent person repairing it?

What sort of use did you get from it in between repairs?

What would you say the expected life of the product is?

Also lucky guess, is it a hot tub?
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The item is still under the manufacturers warranty.
The item was recalled initially by the manufacturer because of a failure to carry out a safety process during the manufacture, this is unrelated to the current issue.
The manufacturer sent round their engineer to correct the recall problem and at the same time he did a test which revealed my own problem. As this was only 4 months after purchase I contend that the fault was already there but hidden from me at the time of purchase. I now have photographic evidence of the original cause of the problem.

After the manufacturers repair we used the item for 2 years, it is not an item used continuously and the problem is not one that can be caused by misuse.
There are many examples of this item in use after 20 or more years of ownership. If I attempted a resale of this item the purchaser would have to be informed of the problems. If I was presented with an item like this for purchase my view would be that it is not durable.
The purchase price was £41,000, not a hot tub:D
 
It is not a super expensive sex toy.......honest:D
I'm not going to name the item as the manufacturer is known to use software to trawl forums.
 
Its a foot 10-1.



To be honest at that sort of money I'd be asking the solicitors for their advice wouldn't bother with which as afaik they wouldn't be the ones fighting your corner. From a layman's perspective I'd look to recover as much as possible if repairs haven't resolved it.
 
Mynight said:
Its a foot 10-1.



To be honest at that sort of money I'd be asking the solicitors for their advice wouldn't bother with which as afaik they wouldn't be the ones fighting your corner. From a layman's perspective I'd look to recover as much as possible if repairs haven't resolved it.
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It was Which Legal who actually brought up the anomaly of which Act would apply, not the solicitors and yes, I'm looking to recover as much money as possible but the path is strewn with legal potholes which is why I'm looking for experiences of ADR.
FWIW I'm not going to reply to any conjecture (at this stage) as to what the item is in case it prejudices my case.
 
footman said:
It was Which Legal who actually brought up the anomaly of which Act would apply, not the solicitors and yes, I'm looking to recover as much money as possible but the path is strewn with legal potholes which is why I'm looking for experiences of ADR.
FWIW I'm not going to reply to any conjecture (at this stage) as to what the item is in case it prejudices my case.
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It's cool, your name tells us all we need to know :D.

O right OK. Did the solicitors have any input on it? I just wonder if Which is over complicating the issue and the other solicitors don't see it as an issue.

When I had issues the item was covered under the law applicable at the time.
 
Then when this is all done, i hope you deliver OP!

Dont want none of that vague cliff hanger crap ending that Kingdom gave us in his 'cousin talks smack on the internet' thread
 
Avenged7Fold said:
Is it a boat like thing?
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