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View Full Version : What a float mess i am in!



Bohdi
15-02-11, 10:12 PM
Hi all
My story is long, so I am sorry up front.
I am looking for some suggestions and advice.....

We became a two horse family about 2 months ago. So the old standard two horse straight load had to go. Well, it sold within 1/2 an hour of been listed for sale, so we find ourselves without a float. As such the need and hunt for a float became pressing, then urgent and then desperate!

I searched the internet everyday. Trading Post, Ebay, HorseYard, Horse Deals. Nearly bought my agisment owner's straightload, before one of our horses srambled terribly, then realised we were now looking for an angle load. Our specifications led me to start ringing manufacturers. What a delightful bunch! They all criticised each other, which I found did my head in. Each was the best made float and that I should not look further! So I googled for independent opinions.......after 2 weeks, and an increase of 150% in my budget, I end up at *************. Very very nice, smooth talking helpful company who "build the best horse floats in the country, and don't bother going to the others they are not as good as mine". bla bla bla.....But the bad news is that it is an 8 week wait list, but HEY, there is more...

QUOTE...." I can fix your problems, buy a straight load that I just happen to have in stock that a customer could not pay for, and I will build you an angle in the meantime, then when it comes time for you to collect your angle, no matter what you sell the straightload for, I will take that off the cost of the angle." .....

That is such a great offer, of course I jump at it....(what is wrong with me!!!)

So go to pick up float, which I have not even seen before, just running from opinions on forums. Upon arrival looks nice enough......on the way home, it shudders at 90 kph. So kinda concerned but think it is empty and hope it doesnt happen again. First trip out with the boys, of course the scrambler, scrambles, and I have a disasterous trip to an event. Also float shudders again at 90kph plus....I ring company on the Monday and say my horse scrambles, this isnt going to work out, plus your float shudders. Company says it is a wheel balance problem. I add that I dont think this is going to work out, so you should start building that angle, and the float is now for sale....Take float home to wash it, of course it shudders. So ring a repairer to come and have a look and he cant believe the movement in the front wheels, and wonders how this float got a blue slip. He then finds 9 points of rust over the float...He refuses to drive the float off for fear of causing damage and recommends that the float only leaves the property on a trailer to get the bearings fixed. I ring company, very upset, and write an email, that the deal is off, so buy this float back! The company wont buy it back but will honour building the angle. " have a business to run, I cant just buy back the float."

I had a very heated conversation with the wife of the company toady and now just want to get rid of this problem. But dont know what to do next...

I said, what if I dont sell the straight load or I only get a much lesser amount for the straightload, your company is going to be so much worse off, than if you just give me my money back now, and we walk away from each other, shaking our heads and wondering how we both ended up here.

If they refuse to take back the straight load I am stuck with staying with this company whilst they build me an angle....

OH the drama of it all....

What should I do...????:(

StElmosFire
15-02-11, 10:19 PM
Crikey.

Well, for starters, make note to self: Never deal with that company again!

Can you go to the small claims tribunal sort of people? Did you get the agreement re the "doing you a favour" selling arrangement in writing?

ASHlover
16-02-11, 07:16 AM
OMG

I have heard pretty much the EXACT same story less than a week ago!!! Need a float, buy the straight, we will make angle, sell your straight load .... Blah blah blah

I wonder if it is the same company..........if so, that is beyond belief!

ASHlover
16-02-11, 07:24 AM
Will add, do NOT stay with them for the angle load because you feel stuck ....

You may have to cut your losses, because you got one rubbish float from them, don't get another.

Maybe take photos if the rust etc. Get independent quote on what it will take to fix, and if they won't cone to the party you may have to seek legal advice.

I am fairly certain you are entitled to a refund or possibly exchange for faulty goods by law... Their refund policy be damned.....

You really can't go past good legal advice though

Best of luck! I hope it gets sorted quickly and you can go to a DECENT float builder!

storm horse
16-02-11, 07:31 AM
get a written report from a qualified mechanic/trailer builder. take it to your appropriate state consumer affairs department. you'd be covered under the 'not suitable for the purpose it was purchased' section of the fair trading act i'd think, & should get a full refund.

good luck :)

Koalas_rule
16-02-11, 07:39 AM
Yes, definitely contact Dept of Fair Trading. This company needs to be sorted out. Sounds like they are trying to pull a fast one ...

Bohdi
16-02-11, 07:52 AM
OMG

I have heard pretty much the EXACT same story less than a week ago!!! Need a float, buy the straight, we will make angle, sell your straight load .... Blah blah blah

I wonder if it is the same company..........if so, that is beyond belief!

Oh ASH it's ok the story you heard last wek is the same story. It is just that this saga has increased in it's intensity. Going onto forums is just the beginning on my war on this company! And thanks for the advice onto it alread. Cheers

cobie
16-02-11, 08:02 AM
Oh Bohdi :( :(

I absolutely agree with the others. The item is not suitable for the intended purpose and you are entitled for a full refund. Best of luck, I really feel for you :(

tickle2
16-02-11, 08:19 AM
You poor bugger...... why do people do this crap...

I can only reiterate what everyone else has said, take all your documentation to Fair Trading, they will help you sort it out - though it will take time:(

Good luck, I hope you get the result you want

Cheers
tickle

Garryngirl
16-02-11, 08:19 AM
While I agree the company is not being fair to you wouldn't you have to take some responsibility in this as well in that you didn't check the float out before you agreed to take it? Desperate or not you still need to be aware of what you are buying unless of course you were led to believe the straight load was a new float. If that was the case and it wasn't then a refusal to take delivery might have been an option?

However, the shudders etc should be covered by a warranty, agree that you get a quote on repairs and at least get them to pay for that then sell it on knowing it is ok. Get the repairer to do a report on the condition of the float etc and present that to them/Dept of Fair Trading.

Buyer beware no matter what the deal. Hope you got the deal in writing.

ASHlover
16-02-11, 08:38 AM
Oh phew!

I was thinking surely this could not have happened twice! lol

No - it is not buyer beware. Pretty sure this was a brand new float (I could be wrong though, then it is a bit different). You don't need to check it over to make sure it is ok......you can rightfully assume it would be!

I bought a brand new car and can guarantee you it never crossed my mind to have it "checked over" .... I expect it to do what it is sold to do.....as does everyone that buys a new car.

It is faulty and they should refund.

I have been going through the new float buying process - and it is horrible....the amount of manufacturers out there, and the sheer volume of information is daunting!!!

It was one of my fears of going with someone that I did not "know" and having something like this happen ..... I hope you can get it sorted, nice and quickly!

Garryngirl
16-02-11, 09:01 AM
If it was a new float then of course you should not expect to have to have it checked out.

Although whenever I have purchased a new vehicle (4 in my lifetime) the car yard has gone over it with me to ensure everything was in top order.

by the sound of what Bohdi is saying the straightload sounds like it was almost a second hand float. Bohdi can you clarify if the straight load was new or secondhand?

If it is new and faulty then definitely a full refund and cancel the deal if the OP doesn't want anymore dealings with this place.

GDR
16-02-11, 09:16 AM
on the way home, it shudders at 90 kph.

I have been told by a number of people (including at least one policeman) that it is illegal to tow anything at speeds over 80kph, at least in NSW. Is this speed limit not correct??

cobie
16-02-11, 09:19 AM
I've never heard of that law GDR.. Not saying you're wrong, but I see *plenty* of trailers, floats, caravans etc doing 110 on the freeway and have never heard of anyone being booked for it.

ASHlover
16-02-11, 09:20 AM
No - that is incorrect.

mindari
16-02-11, 09:20 AM
our experience with the dept of fair trade over our faulty tractor they made him pay us the cost of having it returned to as the magistrate called it merchantable condition. ie fixed.

we had to have all costings to return it to usable condition documented and yes we got it.

Montego
16-02-11, 10:11 AM
We had a good outcome also with the NSW Dept of Fair Trading. You MUST have all your documents, and it is good to write out a "chronology" with all the dates written down of what happened. However tedious this sounds, it was what won us the case.

In 2007 it cost us a total of $37 to make our claim. Maybe the cost has gone up since then, but well worth it. We had about 4 or 5 days in "court" (Moss Vale Local Court) over about 3 or 4 months which is a bit daunting. It seemed endless and very frustrating at the time, but they were being totally fair to all parties.

The law is the law, and in the end our case turned on a point of law. There is no question of 'revenge" or moral right, it was purely a case of commercial law, as is yours Bodhi.

At least call Fair Trading and get the forms sent to you.

Garryngirl
16-02-11, 11:15 AM
Fair Trading are quite good, we too had a successful outcome when a retailer refused to refund money on a glass top table that just smashed of its own accord, they blamed the manufacturer, the manufacturer blamed us for dropping a set of car keys on it and smashing it WTF, too bad if it was fully laden with plates of food if it couldn't cope with a set of car keys!

We got our money back in full thanks for DFT.

drfrankenstein
16-02-11, 11:20 AM
bought effectively on a word of a seller with no mechanical or roadworthy/safety check by an experienced but independent eye? you won't do that again.

Koalas_rule
16-02-11, 11:31 AM
I have been told by a number of people (including at least one policeman) that it is illegal to tow anything at speeds over 80kph, at least in NSW. Is this speed limit not correct??

The speed limit for cars & trailers:

However, if the number on the speed limit sign is over 100 and the driver is driving a vehicle with a GVM over 4.5 tonnes or a vehicle and trailer combination with a GCM over 4.5 tonnes, the speed limit applying to the driver for the length of road is 100 kilometres per hour.

This is from the NSW Legislation Road Rules, (so GDR I'd be having a word with that policeman!). Here's the link:

http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+179+2008+fn+0+N

ASHlover
16-02-11, 11:34 AM
Or according to truck drivers.....if the vehicle is greater than 4.5tonne and the speed limit says more than 100 you can go at least 120 ;)

It was commented that the float had a blue slip drfrankenstein ..... assuming it is in NSW and did indeed pass a roadworthy check. Which would just make you angrier ......

Koalas_rule
16-02-11, 12:14 PM
I think we're all guilty of driving over the speed limit when we think we can get away with it. It's called a calculated risk ...

leesa
16-02-11, 12:29 PM
bought effectively on a word of a seller with no mechanical or roadworthy/safety check by an experienced but independent eye? you won't do that again.

It was a brand new float from a float manufacturer; how can you blame anyone for not getting a safety check or 3rd party "eye" on it?

Bohdi -
Get the repairer to put in writing exactly what he's found with the float and take it to small claims court.
Don't pay them any more money for the new float and don't get any work or repairs done on the dodge one.

horsesRgr8
16-02-11, 12:40 PM
It was a brand new float from a float manufacturer; how can you blame anyone for not getting a safety check or 3rd party "eye" on it?


Bohdi hasn't clarified whether the float was sold to her as NEW or USED.....do you know leesa ?.......'a float he had in stock' sounds like it was a trade-in to me.

MMC
16-02-11, 12:42 PM
I think we're all guilty of driving over the speed limit when we think we can get away with it. It's called a calculated risk ...

It's called illegal. :( The laws/speed limits are there for a reason, not for people to decide when they can and can't break them.

OakyPoke
16-02-11, 01:05 PM
I have been told by a number of people (including at least one policeman) that it is illegal to tow anything at speeds over 80kph, at least in NSW. Is this speed limit not correct??

Hiya

That certainly was the case 25 years or so ago when I got my licence. I've actually been trying to find out if it has changed but cant find anything on RTA website. Am I looking in the wrong spot?

OakyPoke
16-02-11, 01:10 PM
The speed limit for cars & trailers:

However, if the number on the speed limit sign is over 100 and the driver is driving a vehicle with a GVM over 4.5 tonnes or a vehicle and trailer combination with a GCM over 4.5 tonnes, the speed limit applying to the driver for the length of road is 100 kilometres per hour.

This is from the NSW Legislation Road Rules, (so GDR I'd be having a word with that policeman!). Here's the link:

http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+179+2008+fn+0+N

Jolly good job finding that link! Thankyou I was looking in all the wrong spots.
Question though, I have a two horse angle load and a Navara ute. I think off the top of my head I'd be really stretching it to be over 4.5 tonne? I have the paperwork at home - will have to check the math. Perhaps that might apply to goosenecks and the like then?

Koalas_rule
16-02-11, 01:16 PM
Oakypoke the legislation doesn't specify what kind of car and trailer, I assume it comes down to tonnage. Rule of thumb could be that if you are towing a trailer don't drive over 100kmh, which would make sense to me anyway.

I believe the law used to be that cars towing trailers were not allowed to exceed 80kmh, but I believe this law was updated some years ago.

OakyPoke
16-02-11, 01:20 PM
Koalas my nickname aint "nanna" for nothing. I never do over 80 even on the freeway :-) I'm the person everyone honks at for going slow round corners and doing 80 on the freeway but to heck with them, I pay my my rego etc too. And I find my horses travel better since I changed my driving a little and go real slow and steady.

Bodhi, I just wanted to say I'm feel so awful for you being in this float dilema situation. Everyones already given you great advice - I cant add to that. But its just soooo not fair. A new float should be exciting and fun. Not fair.

sergundo
16-02-11, 01:20 PM
I love this specculation, never assume anything. It only makes an ASS out of U and ME.
Float was brand new ...... had never even left the factory (well apparently went to the RTA for blue slip ..... hmmmmmm) Now two weeks in has rust everywhere. I could rattle the wheels when it was on the ground, not even up on a jack. No way it would pass a PROPER blue slip.
Sorry but you don't pay $17,000 for a brand new float and get all these problems.
I keep telling Bohdi, LEGAL ACTION.
Oh.... Bohdi is my mum, in case you didn't know :)

ASHlover
16-02-11, 02:04 PM
OakyPoke:

Float - up to 2500kg (I believe the Navara is limited to this) so angle load ... 1500 maybe for a solid one, 2 x 500 kg horses

Plus the car, around 1800-2000kgs

So fully loaded to the max, you would hit the 4.5 tonne

My guess anyway :)

The float would not have gone to the RTA for a blue slip? It would have been looked at independently and the slip taken to the RTA - who won't register with out it....so it was given a "proper" blue slip, which means some shoddy so and so out there let it through ... take legal action against them too :D

Garryngirl
16-02-11, 03:15 PM
Definitely take action.

That is not on with a new float. Take them to the cleaners!

Second hand is a different story.

Bohdi
16-02-11, 04:06 PM
Definitely take action.

That is not on with a new float. Take them to the cleaners!

Second hand is a different story.

Hi Garryngirl I am sorry about sergundo she can get a bit feisty some times!! The float was only registered on the morning we picked it up. Brand spanking new float!! I have been told since that this float company owner could "sell ice to Eskimos!!!!

Garryngirl
16-02-11, 04:26 PM
No need to apologise Bohdi, like any good daughter she is standing up for her mum.

Once it was clear this was a NEW float then that changed the playing field big time.

Send sergundo in to take em on and you will be sweet ;)

Bohdi
16-02-11, 04:40 PM
No need to apologise Bohdi, like any good daughter she is standing up for her mum.

Once it was clear this was a NEW float then that changed the playing field big time.

Send sergundo in to take em on and you will be sweet ;)

Lol gg

When this is over and I have won this war and I take this unroadworthy rust bucket back for a full refund it will be sergundo who will be doing it she just does not know it yet!

sergundo
17-02-11, 09:49 AM
I'm never fiesty, what are you talking about :) That wasn't directed at gng anyway mother dear! And what is this business, what am I supposedly doing that I don't know of yet?

Garryngirl
17-02-11, 10:52 AM
Family hug needed? :p:D

mindari
17-02-11, 10:57 AM
I'm never fiesty, what are you talking about :) That wasn't directed at gng anyway mother dear! And what is this business, what am I supposedly doing that I don't know of yet?

ROTFL

YOU and Foo would be great mates

Bohdi
21-02-11, 01:57 PM
Hello to Garryngirl, Montego and Mindari

Did you threaten the company with Fair Trading or did you just do it. What grounds did your rely upon and what are the steps to do so.

Today I was told that there would be no more engaging of emails and that the owner would speak to me in about 3 weeks when they were feeling better as they are recovering from non life threatening surgery.

I dont want to enter into any negotiations or smooth talking I just want a refund!!

Silver Taffy
21-02-11, 02:15 PM
Oh Bohdi, that is utter rubbish giving you a sh*t bucket float and now this crap about no further emails and the float business owner is sick blah blah.

Don't fall for it. I would reply that it will now be handed over to your lawyer to act on your behalf, as you are not happy with this outcome. Send it in writing by registered post. If they don't respond in a day or two after they receive the letter, with an offer of a refund, put it in the hands of a lawyer!

Garryngirl
21-02-11, 03:51 PM
No I just went ahead and contacted DFT with the facts of what we had done, who we spoke to etc. The seller was a major chain store so would have just got passed from Manager to Manager so went straight to those that could help.

BTW I spoke to the friend I mentioned to you in a PM, yes it was the same one. They are still being harrassed to put down a deposit.

Tough luck to the float company.....bet if someone walked in with cash to buy a float they wouldn't be throwing out the 'I'm sick' card!

sergundo
25-02-11, 03:22 PM
Just thought I would update everyone.....
Taking "the float" back this week to get a full refund and have put a deposit on a lovely demo Kara Kar deluxe 2 horse angle. Susan from Kara Kar brought the float out to SIEC and we put our 16.3 horse on in both bays and he can put his head to the floor with room still behind his bum. Granted, he was probably tired but he did seem extremely happy on there and fell asleep while we were talking. Finally this mess is over and Mum can become an actual person again!!! And the float only ways 1050kg, so we can keep our current car.
Thanks for all your help and support :)

rmjens
25-02-11, 03:24 PM
Great news. So happy for you and your mother.

Kilronan
25-02-11, 03:25 PM
Great news Kara Kar are great floats, I could have sold my straight load several times.

Silver Taffy
25-02-11, 06:42 PM
That's a great outcome! I'm very happy for your mum.
My first decent float years ago, was a Kara Kar and I loved it and sold it for more than what I paid it secondhand :D

cobie
25-02-11, 06:59 PM
Yaaaaay :D

JCA
25-02-11, 07:33 PM
That's awesome news! Glad you found a great float in the end.

I am intrigued though- who was the first company? PM if you are too scared to put it on here. I might need to stay away from them.

join the dots
25-02-11, 07:58 PM
That's awesome news! Glad you found a great float in the end.

I am intrigued though- who was the first company? PM if you are too scared to put it on here. I might need to stay away from them.


Just a hunch....But did the company name start with the letter I???

cobie
25-02-11, 08:09 PM
Nope JTD..

join the dots
25-02-11, 09:45 PM
Nope JTD..

Hmmm....So not who I thought it was...Wasn't a T was it??!!

Either way, not a good situation to get ripped off with a brand new item...I am so glad that you could get it resolved without having to get in 3rd parties to help you....

sergundo
26-02-11, 06:56 PM
nope no I's or T's. In fact, a fair few people that I know that got I's are absolutely stoked!
But I can't tell you the name of the company, and if you do know due to PM's please do not reveal. We have agreed not to tarnish this companies name, so no more discussion about "who" please :)
Just glad it's all sorted and I can finally be independant with my own lovely new float :)