Unfair boat yard.

benc · 07 March 2008, 09:43

Hi Guys,

My dealings with the dealer has just got worse.

Firstly a bit of background...

Last April, I introduced my uncle to the guy who runs the boat yard I keep my boat in (warsash marine), in order for him to store his boat there.

He arranged to keep his boat there, and set up a new contract with the boat yard on a 6monthly basis. Things turned sour this this arrangement 6 months later when prices quoted for some work, wasnt the price that was charged.. and also he wanted to move the boat away from the yard they want to charge him for a year.

Yesterday, I recieved a letter from Eric Robinson solictors, demanding a payment of about £3500 from me for the boat yard for storage from early 2006 - March 2007... The boat yard/dealer sold my old engines for me in early march, and we agreed for them to keep the money from the sale, to cover ALL outstanding debt.

I called the boat yard this morning, and tried talk to him, and he told me I still owe the money for storage..I said I was going to move my boat out of the yard today, and then he told me that I can't and he has locked it up, and wont release it until I have paid the money I owe... I reminded him of the deal with the old engines and his reply was "what engines?" and started swearing at me telling me how he has been ripped off...and then hung up on me

I then called back and said that I wanted to talk and he started telling me that "I don't want to talk about it! - Your family has screwed me over, and I am not going to be £2500 out of pocket, your family will pay one way or another" and after that he hungup again. I tried calling back and said that the deal with my uncle was a completely seperate contract and was nothing to do with me. But he just said again that he will get his money, one way or another.

I don't seem to be having much luck with this dealer, despite spending more than £20,000 with them in 2007 with the new engines, storage.. etc. I now have to hire a solictor to fight my case, which is going to leave me out of pocket. I am not happy to say the least..

I shall keep this thread updated with my progress.

Has anyone had similar dealings with boat yards? What did you do, and what was the outcome?

Poly · 07 March 2008, 10:04

If I were you I would call his solicitors to try and sort it out (pointing out that you have already tried to call him). If you take up the sol's time he will be recharging it to the client (the boat yard). Now obviously if you are in the wrong it could all get billed back to you. However, the solicitor will clearly recognise that you are not liable for your uncle's charges (unless there is something odd in the contract) and probably knows nothing about the engines which were on brokerage. Solicitors don't like it when they have been kept in the dark.

BassBoy · 07 March 2008, 10:14

Call your local cop shop and see what they have to say about the yard (illegally?) impounding your property.

BassBoy · 07 March 2008, 10:19

forgot to mention extorsion and malicious threats
"I'll get the money one way or the other"

benc · 07 March 2008, 10:23

I spoke to the police, they said they can't help as its a Civil matter.

I have just spoken to the boat yard again, this time they say that if my Uncle calls him that his memory about my engines might improve!

I rementioned the whole deal again, and he said he needs to go through his accounts, and work out whats what and that he will do it today and get back to me.

I have spoken to his solicitors, and they say they can't talk to me etc... and that if I wanted to do something I need to take up a solictor of my own.. as far as they are concerned, they have been instructed to collect a debt... and thats it.

Hightower · 07 March 2008, 10:46

Yet another dealer peeing off customers, I don't know how they get away with it!

You have my sympathy!

Jizm · 07 March 2008, 11:50

Quote:

Originally Posted by benc

I spoke to the police, they said they can't help as its a Civil matter.

I have just spoken to the boat yard again, this time they say that if my Uncle calls him that his memory about my engines might improve!

It's not a civil matter, it is theft ben. He cannot hold onto your property regardless. Also about his 'memory', suggest you record the calls from now on mate.
Hope you get it sorted.

codprawn · 07 March 2008, 12:33

It never ceases to amaze me how idiots can treat customers like this and not realise the harm it does to their business!!!

the bandit · 07 March 2008, 12:52

Quote:

Originally Posted by benc

I spoke to the police, they said they can't help as its a Civil matter.

I have spoken to his solicitors, and they say they can't talk to me etc... and that if I wanted to do something I need to take up a solictor of my own.. as far as they are concerned, they have been instructed to collect a debt... and thats it.

They may not talk to you but i would of thought you could write in response to the letter. You needn't use a solicitor as i would of thought you could represent yourself.
Log every conversion with the yard.

benc · 07 March 2008, 13:05

Quote:

Originally Posted by Jizm

Also about his 'memory', suggest you record the calls from now on mate.

That was one of my initial thoughts, but it wouldn't hold up, you are not allowed to record calls without the persons consent.

JABS · 07 March 2008, 13:40

Just for the record, could you give us the full name and address of the yard. Also, if you can post a picture, we know where to avoid.

Write a log of your memories of dealings with the yard from day one up to today. Date everything where possible and make very detailed notes of telecon's with the yard. How you achieve this is up to you. Then, if it goes to court, you have the data.

AND, I am sure there was a piece on Watch Dog about making you pay for your car service before they release it. I am pretty sure they can't do it.

Good luck!

Tony

Hightower · 07 March 2008, 14:09

Quote:

Originally Posted by benc

That was one of my initial thoughts, but it wouldn't hold up, you are not allowed to record calls without the persons consent.

But it's a great memory jogger for when things get heated and worth doing from a personal point of veiw.

matt h · 07 March 2008, 15:31

let have a name and picture of the front of the boat yard!!

Rooster21 · 07 March 2008, 15:40

The OP did mention these http://www.warsashmarine.com/

Poly · 07 March 2008, 17:11

Quote:

Originally Posted by Jizm

It's not a civil matter, it is theft ben. He cannot hold onto your property regardless.

I think that will depend on the terms of his contract with Ben. It wouldn't be unheard of for their to be a term entitling them to impound property whilst awaiting payment for any outstanding debt. Whether there is an outstanding debt is a civil matter.

Kernow Buoy · 07 March 2008, 17:14

No it's not theft, the boat was not 'dishonestly appropriated' and I dare say the boat yard will say it'll be released on payment of the bill, therefore no 'intention to permanently deprive', both of which need to be proved for a charge of theft to succeed.

LURCHER · 07 March 2008, 18:49

In my experience DONT phone at all ,do it all by letter or email as there is then a hard copy of what you have asked for ,it will also force him to reply to your points , 'he said ' I said ' etc can often get very muddled . I suggest an email or letter to the yard with all the points in chronological order. Also mention in the letter that you want to settle the matter without recourse to solicitors . If and when you go to court you will be the one who appears reasonable and helpfull.Dont get involved in any slanging matches .

Biggles · 07 March 2008, 19:02

Quote:

Originally Posted by Rooster21

The OP did mention these http://www.warsashmarine.com/

There are quite a few businesses all close together in that area so it would be nice for a picture of the yard and the main door so we can all avoid it in future.

I use that slip a lot so would like to be made aware of any dealers I might have to deal with in the future. Or not once I know which one it is.

benc · 07 March 2008, 19:06

Thanks for your comments guys. I have been on the phone to a solicitor this afternoon, and had some really good advice. So will be following it up tomorrow/monday.

Yes, it was Warsash Marine (www.warsashmarine.com)

Up until this week I have had good dealings with him (other than the lenght of time taken to repair my engines!), but he has flipped now, and I do believe he is treating my unfairly.

I will keep the thread updated with my progress.

Thanks again guys.

Regards

Ben

Jizm · 07 March 2008, 19:13

Let us know how you get on and if your boat needs 'liberating'