I need to go to court. May I have some advice please

moneysavinglee_2

The 'as new' but was just a perfection chaser/dreamer thing that appealed to my nature. I didn't really expect any marked improvements in the rifle because it was perfect anyway. I expected the power to be slightly higher and wondered if I would notice it, that's all.

Perhaps the bolt may have slid even nicer or something silly like that, but not something you notice till you do it. Like getting you car serviced.....

MamaMoo_2

moneysavinglee wrote: »

The 'as new' but was just a perfection chaser/dreamer thing that appealed to my nature. I didn't really expect any marked improvements in the rifle because it was perfect anyway. I expected the power to be slightly higher and wondered if I would notice it, that's all.

Perhaps the bolt may have slid even nicer or something silly like that, but not something you notice till you do it. Like getting you car serviced.....

Totally understand. Like saying your car will feel brand new after a service will obviously not mean the clock is back to zero, but that it may look a bit shinier after a polish, and run a bit smoother after a tune-up.
It's a shame really, it'd be ideal if you could get that it would be "as-new" in writing, as that may have added to your argument.
Do you have any written communication discussing the problems with the gun, or was that all done verbally?

moneysavinglee_2

MamaMoo wrote: »

Totally understand. Like saying your car will feel brand new after a service will obviously not mean the clock is back to zero, but that it may look a bit shinier after a polish, and run a bit smoother after a tune-up.
It's a shame really, it'd be ideal if you could get that it would be "as-new" in writing, as that may have added to your argument.
Do you have any written communication discussing the problems with the gun, or was that all done verbally?

unfortunately I don't really have anything in writing, apart from invoices which don't say all that much. the only written thing I have discussing problems is the initial email I sent to them a few hours after collecting it the first time.

The thing is, on the phone they told me that they strip it down, examine each part and replace it if necessary, then give the rifle a good test. That's what they told me when I picked it up the first time too.The third time it went in the told me that they had nothing to do with the barrel being "knackered" because they don't touch it during the servicing!

I have spent the evening putting together the whole thing on word, and I'm exhausted. I haven't even finished yet! But I'm off to bed now.

Thanks again

MamaMoo_2

moneysavinglee wrote: »

unfortunately I don't really have anything in writing, apart from invoices which don't say all that much. the only written thing I have discussing problems is the initial email I sent to them a few hours after collecting it the first time.

The thing is, on the phone they told me that they strip it down, examine each part and replace it if necessary, then give the rifle a good test. That's what they told me when I picked it up the first time too.The third time it went in the told me that they had nothing to do with the barrel being "knackered" because they don't touch it during the servicing!

I have spent the evening putting together the whole thing on word, and I'm exhausted. I haven't even finished yet! But I'm off to bed now.

Thanks again

Could you perhaps get a friend to email them posing as a potential costumer and ask what is included in the service?

moneysavinglee_2

MamaMoo wrote: »

Could you perhaps get a friend to email them posing as a potential costumer and ask what is included in the service?

Afternoon MamaMoo :A

Yes I thought of that, but I also thought it might be a bit obvious as its a small factory.

Anyway, there have been some developments:

I took the rifle to a world leading expert on these models (as stated publicly by the factory MD himself in a magazine). He confirmed that shoddy after sales work for that factory is standard and that the rifle probably isnt damaged. He thinks he knows what is wrong and its a manufacturing fault that the factory will not be able to fix because they dont make the exact part anymore. He is betting they have used their standard 'electrical tape wrap' to try to fix the problem. But until he opens it up he wont know for sure.

The problem came when I arrived back home to find a reply from the factory MD. There are one or 2 'misrepresentations' in there, but I wont dwell on that. The main thing is that they are essentially saying that they have already done more work than would reasonably be expected, but that I am welcome to bring it back for a 4th time. However, ''any work not covered by our warrant on the repair would be charged at normal rates.''

Firstly, the rifle never went in for a repair. So are they admitting they repaired it? Secondly, the new gunsmith tells me that i could send it back 100 times and it would never be right because thats not how they fix the problem. Not only is this man considered by the factory themselves to be the worlds foremost (external) expert on their products, but he builds and services rifles for olympic medal winners, so he is definately reputable.

I am loathed to send it back to the factory if its going to be pointless. Do I have to let them have it back or can I just go ahead and get it fixed and take them to court for the costs?

Thanks

MamaMoo_2

moneysavinglee wrote: »

Afternoon MamaMoo :A

Yes I thought of that, but I also thought it might be a bit obvious as its a small factory.

Anyway, there have been some developments:

I took the rifle to a world leading expert on these models (as stated publicly by the factory MD himself in a magazine). He confirmed that shoddy after sales work for that factory is standard and that the rifle probably isnt damaged. He thinks he knows what is wrong and its a manufacturing fault that the factory will not be able to fix because they dont make the exact part anymore. He is betting they have used their standard 'electrical tape wrap' to try to fix the problem. But until he opens it up he wont know for sure.

The problem came when I arrived back home to find a reply from the factory MD. There are one or 2 'misrepresentations' in there, but I wont dwell on that. The main thing is that they are essentially saying that they have already done more work than would reasonably be expected, but that I am welcome to bring it back for a 4th time. However, ''any work not covered by our warrant on the repair would be charged at normal rates.''

Firstly, the rifle never went in for a repair. So are they admitting they repaired it? Secondly, the new gunsmith tells me that i could send it back 100 times and it would never be right because thats not how they fix the problem. Not only is this man considered by the factory themselves to be the worlds foremost (external) expert on their products, but he builds and services rifles for olympic medal winners, so he is definately reputable.

I am loathed to send it back to the factory if its going to be pointless. Do I have to let them have it back or can I just go ahead and get it fixed and take them to court for the costs?

Thanks

I'd be asking this gunsmith to be writing a report for you, on headed paper. This will greatly help you.
Send a copy to the factory, and ask if they would be willing to pay for this repair. If no, advise them that you will send it back to them for one final repair. If it comes back faulty you will give them the option to replace, pay the gunsmith to repair, or you will head to court.
With regards to their "repair warranty", they have admitted they have repaired it, but not what they've repaired or why, so it probably won't be much help.
Also, from here on in, keep all communications in writing.

ILW

How much will the gunsmith charge to sort it?
There are only about 20 parts in an air rifle.

moneysavinglee_2

MamaMoo wrote: »

I'd be asking this gunsmith to be writing a report for you, on headed paper. This will greatly help you.
Send a copy to the factory, and ask if they would be willing to pay for this repair. If no, advise them that you will send it back to them for one final repair. If it comes back faulty you will give them the option to replace, pay the gunsmith to repair, or you will head to court.
With regards to their "repair warranty", they have admitted they have repaired it, but not what they've repaired or why, so it probably won't be much help.
Also, from here on in, keep all communications in writing.

Well, I read this post just as I was leaving work and thought I'd give them a call to ask if they would write a report. I thought of asking at the shop but felt a bit silly....I don't know why!!!

Anyway, the upshot of it all is that my rifle was never damaged, it just wasn't put back together properly. Apparently he had to make something and shave something to get it right, but its done now! As far as he was concerned it was a very standard problem with my particular model when they come back from the factory from servicing!!!!

I could recount the countless tales I have heard, but I don't want to clog up the thread. Lets just say that only a newbie would sent their rifle back to these people!

So the work has been done, and long range testing should be complete tomo morning - he just ran put of daylight! Otherwise everything seems ok

I am left wondering what to do next. I am very angry with the factory and the shoddy engineering work I have experienced is practically standard for this companies aftersales care.

I would like to carry on with my claim for the silencer, the barrel shroud, the labour, mileage, time and the cost of fixing it. Not sure if I even have a slim chance now I have just gone ahead and had the work done though?

I'm just happy it seems to be fixed TBH...:rotfl:

arcon5

If the price is reasonable and not over-inflated or something then even without several quotes it's likely a judge would award you the cost of repair.

MamaMoo_2

moneysavinglee wrote: »

Well, I read this post just as I was leaving work and thought I'd give them a call to ask if they would write a report. I thought of asking at the shop but felt a bit silly....I don't know why!!!

Anyway, the upshot of it all is that my rifle was never damaged, it just wasn't put back together properly. Apparently he had to make something and shave something to get it right, but its done now! As far as he was concerned it was a very standard problem with my particular model when they come back from the factory from servicing!!!!

I could recount the countless tales I have heard, but I don't want to clog up the thread. Lets just say that only a newbie would sent their rifle back to these people!

So the work has been done, and long range testing should be complete tomo morning - he just ran put of daylight! Otherwise everything seems ok

I am left wondering what to do next. I am very angry with the factory and the shoddy engineering work I have experienced is practically standard for this companies aftersales care.

I would like to carry on with my claim for the silencer, the barrel shroud, the labour, mileage, time and the cost of fixing it. Not sure if I even have a slim chance now I have just gone ahead and had the work done though?

I'm just happy it seems to be fixed TBH...:rotfl:

You stand a good chance of being able to reclaim charges as you gave them repeated chances to fix it, and sent an LBA, which I believe the deadline had passed before they contacted you?
As Arcon says, as long as the costs are reasonable etc, you shouldn't have too much of a problem. Remember when claiming for the silencer that, again, you need to mitigate losses (eg repair costs or second hand item in same condition)
Glad your rifle is fixed!