Bought boat which has product recall for potential *DROWNING*

[blue_eyes777]

Hi guys.

 

I bought a rubber dinghy from ebay October 2007. Didn't actually ever use, just unpacked from box.

I intended to get it up and running and googled it for tips. I found out that it had been subject to a RAPEX dangerous product notification for explosion and drowining!!!

Link:http://ec.europa.eu/consumers/dyna/rapex/create_rapex.cfm?rx_id=170

 

item 3 on the list. It says:

Drowning

 

The product poses a risk of drowning because, even if the boat is inflated correctly, due to a material defect the both of the side air chambers can be ripped and break at the same time causing a "boom"-sound. The raft is being sold together with a wooden board for motor attachment although it is classified as a ”type 1” raft which can only be operated manually, with oars (EN ISO 6185-1). Many customers may install an electric outboard or a petrol engine in their raft as the instructions on motor assembly are not very clear, causing an explosion hazard.

 

One accident reported: a raft exploded while in water overnight. The raft has two separate air chambers on the side tubes, which both had deflated due to a material defect. The product does not comply with the Recreational Craft Directive 2003/44/EC.

 

 

 

Anyway, I wrote to the seller - still had my paypal invoice (for 121£) and proof etc and asked for a refund. He replied:

 

"We are at present looking at the legality of who should issue a refund, if any, (as this item is 3yrs old) We sold that product for a while, however we purchased them from a general wholesaler, not a Best Way distributer.

Due to these circumstances, we were never issued with a recall notice for this product."

 

I have informed Trading Standards who are getting back to me...but for heavens sake - I could have been kiled on this thing and he was the retailer !Unbelievable.

 

Can I sue him?

 

Thanks.

[rebel11]

Hi blue

 

I've moved the thread to the relevant forum, the guys will hopefully offer advice to resolve your problem.

[Bookworm]

Not yet, no.

 

You can however send him a nice letter advising that whether he got the product recall or not is not your problem, nor where he chose to get the product from, and that as far as you(and the law) are concerned, HE is the point of access for recourse.

 

Whether he was aware of the defect then or has only found out now is irrelevant to you. Long and short is the goods are faulty, which he accepts, so you are entitled to a refund.

 

That's the theory. In reality, you have a problem and that is the part of "accepting the goods", you normally have a "reasonable" period of time to examine the goods before they are deemed accepted. I think anyone would consider that 3 YEARS is more than enough, even if you haven't actually used the goods.

 

BUT things get more complicated in that there was a recall, so your normal options of repair, refund or replace become moot. In theory, he could give you a refund minus a proportion for the time you have had the use of the product, but it's obvious you didn't actually use it.

 

Hmmmm.... I'd say give him a few days to get back to you and see what he says. I'm trying to think how it would play out in court, and there is no doubt the 3 years lapse could prove a major stumbling block. Tricky one, that.

 

You said you paid £121 at the time, how did that compare with the standard retail price, as a matter of interest?

[blue_eyes777]

Thanks. Great advice.

I wrote a letter by recorded delivery and sent it today to show him that I take this seriously. I have also now emailed him nicely(!) stating what you advised. I think the price was quite good, but not that much cheaper.

 

I have also been in touch with Trading Standards who will get back to me.

[blue_eyes777]

Hi, no reply as yet.

If after 7 days have elapsed ( gave him this deadline) can I institute a small claims court action (money online type)?

[Bookworm]

Ideally, you should have given him 14 days, then LBa with another 14, as a month is deemed a reasonable time to settle an issue without resorting to the courts.

 

After that, yes you can, BUT you really should think on this one very carefully, for the reasons I mentioned earlier, it's really far from certain that you'd win that one. I suggest chasing up TS, because, unusually for me, I am really unsure on the best way to proceed on this one and I don't want to mislead you.

[blue_eyes777]

OK will wait another week or so and then send a LBA. Presume that will be a money online small claims court.

 

In meantime, will wait for TS to revert!

 

Thanks!

[blue_eyes777]

OK, TS have written to me so I will write back to them with all relevant details. I will tread carefully, but I will not sit quietly on this one.

[Bookworm]

Keep us updated will you? This one has me stumped, so it'd be nice to see what TS has to say about it.

[blue_eyes777]

Hi...result!!!

Retailer has offered refund:"

Sorry for the delay, we have agreed to give you a full refund.

Can you please package all items together so we can arrange for them to be collected by our courier.

We can arrange the collection from Monday to Friday, please let us know which day is convenient.

The collection will be between 8am and 5pm, sorry we cant be specific with the time as this is out of our hands.

Could you please affix a label with the details below to the package.

As soon as we receive the items we will make a payment of £121.50 to your PayPal account.

Usually the PayPal account details are your email address, if this is different, please let us know."

 

Trading Standards leaned on them too; actually told me that the retailer could potentially be criminally liable for not giving notification.

Also,w was informed I had 6 years to pursue civilly, 3 years criminally.

 

Not happy about him getting the boat back BEFORE I get the refund though. Any ideas?

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.