Kill switch not killing

[Blankton]

I've found a picture of what it should look like.



It looks like there is a fair bit snapped off.

Edit : found an even better picture

[Fenlander]

And is that an arm and leg priced part?? If so I guess you could convert to a universal stop switch assy.

https://www.ebay.co.uk/itm/Universal...0AAOSwwbdWMjsR

I might look for a branded version though.

[smallribber]

Hold your phone in landscape mode when you video

[Blankton]

If the stop switch was the only issue I could probably wire in an aftermarket one onto the casing to replace the one on the tiller.

But it won't run or start very well, (without a lot of easystart), it's had the issue with the coil and the engineer also days it's running hot.

The seller is still ignoring me, so I've sent him a court summons.

[smallribber]

Originally Posted by Blankton

If the stop switch was the only issue I could probably wire in an aftermarket one onto the casing to replace the one on the tiller.

But it won't run or start very well, (without a lot of easystart), it's had the issue with the coil and the engineer also days it's running hot.

The seller is still ignoring me, so I've sent him a court summons.

Court Summons.... Surely if you bought second hand it is up to you to determine what you are buying

[Blankton]

If I'd brought it from a layman Joe bloggs, then I'd agree with you. However, this guy is running a business selling these engines and claiming to have 30 years main dealer experience. My understanding is that I am therefore covered by the sale of good act (I think it might have a new name) which states that it needs to be "fit for purpose"
I know the above would be true with a back street car salesman. I'm pretty sure the same would be true with an outboard. We will see......

[smallribber]

Originally Posted by Blankton

If I'd brought it from a layman Joe bloggs, then I'd agree with you. However, this guy is running a business selling these engines and claiming to have 30 years main dealer experience. My understanding is that I am therefore covered by the sale of good act (I think it might have a new name) which states that it needs to be "fit for purpose"
I know the above would be true with a back street car salesman. I'm pretty sure the same would be true with an outboard. We will see......

Ahh yes I understand now.... Go for it if he wont answer your calls.

[Fenlander]

Remember even if he claims to be a private seller any statement he made must be true.... that is all the liability a private seller has. His statements may be oral (either offered or in reply to a question you made), by email, in writing or in the original advert.

So think back and jot down anything you remember him saying or have available any paperwork where claims were made.

[Poly]

Originally Posted by Bigplumbs

Court Summons.... Surely if you bought second hand it is up to you to determine what you are buying

Presumably you haven’t sent a summons (otherwise you might be about to learn an expensive lesson if he is lawyered up). Before invoking any civil action the court will expect you to have made reasonable attempts to resolve the problem without wasting the court’s time - usually this is done with a letter before action that has to give a reasonable time to respond. Only then would someone normally initiate court procedure, and even then it’s not initiated with a summons. Any court papers (and the letter before action) would also need to be properly served on the correct legal entity - hopefully you know whether you bought it from Joe Smith or Joe Smith Ltd, for example.

Even if you have done all that, since you still have the motor you haven’t yet properly rejected the goods which I think may be a requirement; and if you have allowed someone else to tinker with it expect him to blame them (e.g. any manufacturer would tell you that easystart is evil stuff that strips lubrication from piston rings and will actually harm the engine).

Finally, are you aware of what happens if you win your case and he decides not to pay up?

Keep in mind that if he is systematically bad, this probably isn’t his first rodeo, whereas it sounds like it might be yours.

[charliee]

sound advice - Poly, good luck all the same. why not get a quote to bring the motor back into service and ask him for a payment to cover those costs.

[Pikey Dave]

Originally Posted by Poly

Presumably you haven’t sent a summons (otherwise you might be about to learn an expensive lesson if he is lawyered up). Before invoking any civil action the court will expect you to have made reasonable attempts to resolve the problem without wasting the court’s time - usually this is done with a letter before action that has to give a reasonable time to respond. Only then would someone normally initiate court procedure, and even then it’s not initiated with a summons. Any court papers (and the letter before action) would also need to be properly served on the correct legal entity - hopefully you know whether you bought it from Joe Smith or Joe Smith Ltd, for example.

Even if you have done all that, since you still have the motor you haven’t yet properly rejected the goods which I think may be a requirement; and if you have allowed someone else to tinker with it expect him to blame them (e.g. any manufacturer would tell you that easystart is evil stuff that strips lubrication from piston rings and will actually harm the engine).

Finally, are you aware of what happens if you win your case and he decides not to pay up?

Keep in mind that if he is systematically bad, this probably isn’t his first rodeo, whereas it sounds like it might be yours.

Wise words. I’ve been on both sides of various legal proceedings over the years & not lost one yet. Mainly due to me doing my homework & the other side being sloppy. Judges/magistrates hate lazy, sloppy work, they see it as a waste of their time. Court should be the absolute last resort.
In this case it’s simply not worth it. The cost of having the switch repaired/replaced by a third party, will be cheaper than the LBA assuming you pay a solicitor to draft it.
School fees.

[Fenlander]

>>>In this case it’s simply not worth it.

PD agree if a single issue but Blankton said...

***If the stop switch was the only issue I could probably wire in an aftermarket one onto the casing to replace the one on the tiller. But it won't run or start very well, (without a lot of easystart), it's had the issue with the coil and the engineer also says it's running hot.

[Pikey Dave]

Originally Posted by Fenlander

>>>In this case it’s simply not worth it.

PD agree if a single issue but Blankton said...

***If the stop switch was the only issue I could probably wire in an aftermarket one onto the casing to replace the one on the tiller. But it won't run or start very well, (without a lot of easystart), it's had the issue with the coil and the engineer also says it's running hot.

Fair do’s, I hadn’t considered that[emoji106]

[smallribber]

Originally Posted by charliee

sound advice - Poly, good luck all the same. why not get a quote to bring the motor back into service and ask him for a payment to cover those costs.

Not that easy if the seller is ignoring him as he stated above.


You gotta wonder if people actually read all the posts people make

[Blankton]

Just to update everyone. I had told the seller I wanted a refund, both by email and over the phone. I didn't actually get as far as the small claims court, I formally sent him a letter recorded delivery stating that I wanted either a full refund, or the engine to be sent to a proper dealership for all the faults to be corrected. I managed to get his full name from an online search tool that lets you view the electoral roll. I said in the letter that if he didn't reply in 7 days I would issue the summons.

By 10am on the day the letter was delivered he had emailed offering the full refund, which I got on Friday. So, I'm a few quid out of pocket (new coil, electoral roll search fees etc. but it could have been much worse.

Its a bit of a weird one. They have over 1000 positive Ebay feedback, so most of their sales must go well, but it just went a bit tits up on this occasion. They invited me in for 15 minutes and were actually pretty friendly considering.

[Fenlander]

Well done, lucky escape.

[Phil and Jane]

Great result