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 .
Hehe, thanks guys... I think I have about another 50 people all offering to help too However, this one is definately for the courts... I will be really upset if this isnt sorted in time for summer... if it not sorted very soon, I will have to counter claim for loss of earnings also, as I wanted to charter the boat this year... it was out of action all of last year because they couldnt fix the bloody thing! I now have one year and a bit left on the warranty so its getting a bit annoying!
Ben, sorry your having grief when on what it appears is anothers fault. The issue of holding someone elses property can be done if the other person believes they are owed the item or value of the item, but to hold another persons boat to gain payment does not under my understanding fall in this area unless the boat is owned by the person owing the money. Believe this becomes theft in these circs but would ask solicitor to confirm or ask for a knowledgable detective who has been trained to expand as probably the 'cop' you saw would not know this area in depth.
Go and recover your boat, lots of us will help. Then worry about the legal side, my guess is that this guy is an ignorant bully. I had a similar situation with a well known Land Rover guy just outside Horsham a few years ago.
Sorry to hijack the thread, but its definately a sea boat.
300HP a bit OTT considering its designed to take a 6HP Royal Enfield inboard launch engine.
Good move to do it all properly, its so annoying when something like this happens.
It shows how important it is document any agreement such as the deal with the old engines, as a seamingly good plan with the most friendly trustworthy person can go wrong so quickly.
I've worked in procurement long enough to realise that verbal agreements are worthless when buisness needs to be done.
By the way, not sure if he's still there, but Brian, the guy that used to work off the pontoon dealing in Binliners etc isn't such a bad bloke, and shouldn't be confused with the main business.
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.
Well, I followed him up today, and asked him if he had gone through his accounts... hes now told me that he wont go through the accounts until my uncle has paid the money he owes. That was the last chance to sort it amicably... going to be talking to solictor again on monday to get this sorted.
I really hope this doesnt drag on, as I want my boat for the summer!
I think the interesting thing about this is that the dealer cannot tell you what you owe. How can he impound property stating you owe him money but then cannot tell you how much and from where?
If the debt isn't yours then I would get a solicitor to write to him saying you are collecting the boat on such and such a date and if this isn't allowed then a full explanation of why and what the debt is.
I can't believe it is just civil rather than criminal to hold other people property without any evidence or even accusations to back it up.
Yes, if there are no grounds on which he won't let you have your boat (ie: you don't owe him money) then I see no reson why you can't collect your boat. I would reccy the site to determine whether you have easy access to your boat, tell the police you intend to go down and collect your boat, drive straight into the yard, hook your trailer up and go. Providing you don't cause criminal damage and don't lay one on him, I dought there is anything that he can do to stop you short of blockading the gate. I would rally some RIBnet members to be in the area at the same time as independent witnesses and if he stops you from leaving then ring the police and tell them. They'll soon get involved and providing that you have proof that the RIB is yours and he has no proof that you owe anything then I see no reson that you can't take the RIB then and there. If he gets shirty them some anonimous bystanders could help you out, if you get my drift.
Good luck with the Solicitor if you take that course.
Looks Slow but is Fast
Member of the ebay Blue RIB cover club.
Unfortunately, I don't think that the boat is going to be accessable, I had someone look down the yard last night for me, but couldn't see the boat, so I am going to try and go down on monday and see if I can talk to him face to face and get this sorted. Failing that I will have a solictors letter sent to him and follow that route. My biggest gripe, is that it is going to cost me money to get a solicitor involved when I truly believe that I don't owe him anything.
I've read this thread and really sympathise with you. I'm not sure I've followed it completely, but my understanding of the law is that the yard does have a lieu (ie a charge) on YOUR boat, but not your Uncle's for anything YOU own the yard.
Are you a member of the RYA? I think they used to have a legal team that might be able to help. Alternatively, what about writing to the PBO and/or Motor Boats Monthly as they both have legal advisers.
Basically, the boat yard are telling me that I still owe £3500 for storage of my boat from 06-07 however, this was agreed to be covered when they sold my old 115 engines and kept the money. When I reminded him that he sold my engines, he replied with "what engines" and told me that if my uncle paid his debt that maybe his memory would improve..