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Buachaill, Barrister
Category: Law
Satisfied Customers: 10954
Experience:  Barrister 17 years experience
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I bought a boat from a marina for £10k and after a month the

Customer Question

Hello there
I bought a boat from a marina for £10k and after a month the head gasket blew on the engine, I am not arguing about that as it was my fault. The marina took it back and said they would look after me fixing it. It has now been 6 months and still not fixed and when done they say it could be over £1k. I could have got it done a lot quicker for that money had I known upfront. My major issue is the 6 months and still no sign of it being done. What can I do to speed this up and should I pay that amount of money.
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. Dear *****, I would advise you to go to a different marina and get it fixed there. Essentially, if you are left waiting for six months, the level of quality and service leaves a lot to be desired. So, you should simply go somewhere else and get it fixed, paying whatever it costs. If the head gasket blowing is your own fault, you are going to have to pay for it anyway. So, go somewhere which will get it done in a matter of days. You have already waited much too long for this marina to do the repairs. Alternatively, you can simply pay the 1k and get it fixed. However, you should specify a time limit within which it should be done. Otherwise you will continue waiting indefinitely.

Expert:  Buachaill replied 4 months ago.

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Customer: replied 4 months ago.
I would have taken it elsewhere but they have started on it and the engine is in pieces so I would have to pay to have it put on to a low loader lorry to be moved and this would add about £300 to the cost, also the marina would want paying for work so far so it seems that I will. Be out of pocket no matter what. I was hoping that 6 months would be deemed unreasonable enough to withhold some payment
Expert:  Buachaill replied 4 months ago.

3. I regret to say there is no legal provision which allows you to withhold payment owing to late performance of work. However, I would suggest you negotiate a reduction, if you can. However, my guess is that this marina is waiting until you pay them some money to do the work, before they will do it. Taking the thing apart and leaving it there smacks that there is some difference of opinion which makes the marina reluctant to do the work. Otherwise, if there isn't and they are messing you around, you simply should get out of there as quickly as possible as another year might go bye with nothing happening. Pay the GBP 300 if necessary, but get out of there if they aren't doing the work. Someone is messing you around leaving you waiting this long.