Modelsport UK - Where do I stand with this?

[Oh_Dear]

Hello all,

 

First post here, I'd be glad of some advice!

 

A couple of months ago I bought a nitro RC car (big kid I know) from Modelsport UK for the best part of £300.

 

After breaking the engine in and getting it running properly the throttle servo failed at full throttle which meant it shot off at full speed (approx 40mph) and hit a tree which completely ruined the whole car. These engines are not designed to sit at full throttle for longer than a few seconds at a time and when it hit the tree after already being at full throttle for 4-5 seconds it sat there, unable to move through damage, absolutely screaming for 10-15 seconds before I could get to it to shut it off.

 

I contacted Modelsport and fair play, they fixed everything except for the engine which they said would be fine. So I got it back and then after my first run out with it the conrod blew in the engine.. So the engine got sent back, they stripped it and said everything else is ok, replaced the conrod and sent it back to me.

 

Now it sounds really rough and doesn't perform as well as it did prior to the failure. I keep telling Modelsport this but they're not listening.

 

So where do I stand legally with this? Should they replace the engine or do I have to just put up with it or buy a new engine myself for £100+ ?

 

Many thanks!

[silverfox1961]

Hi and welcome to CAg. Sorry your post was missed.

 

I would be writing to them setting out the issues you have and the remedy you want. I would be going for a partial refund (you won't get it all back I feel)

 

Have a read of the Sale of Goods Act which give you some rights

 

http://sogahub.tradingstandards.gov.uk/

[Oh_Dear]

Thank you for the response. I don't want a refund from them, just a replacement engine as what I've been left with after a component failure (which they acknowledged), isn't what I paid for. I have emailed them on numerous occasions now stating that I think they should replace the engine but they just keep side stepping the issue... £300 is a lot to pay for something that doesn't work as it should!The link you provided doesn't work very well for me as I'm at work with some online restrictions so a lot of the content isn't visible - I'll take a look at that when I get home later but in the mean time, do you think I have a case to say that what I bought isn't fit for purpose? The component failure is clear, and obvious damage was clear but because the engine looks ok this isn't so clear but the performance is nothing like it was and really, what's the point in having a model like that if it doesn't perform as it should?Many thanks for your assistance.

[silverfox1961]

A lot of companies will state that faults are user caused. The fact is, the throttle servo failed, the resultant faults are a result of that failure (my opinion) therefore they should either repair or replace the faulty engine and ensure that it works. If they fail to do so, I would be considering legal action but that's just me