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Old 08 March 2008, 09:06   #41
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Do you have any legal protection elements to other insurance policies, like your home?

These may give you cover without having to pay for a different solicitor........

Just a thought.

Orve.
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Old 08 March 2008, 09:29   #42
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Unfortunately, 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.
Take an Indepentant witness with you to make notes! an dkeep your cool, polite and state you wish to resolve the matter, if you have any evidence re the other engine take copies of this with you.
Hope all goes well
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Old 08 March 2008, 09:54   #43
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I saw a programme a few years back where someone had had their car impounded at a spray shop for similar reasons.

What they did was break in and recover their car. Used bolt croppers on all the padlocks, and then replaced em with new ones on their way out to avoid any opportunists taking advantage. They videod the whole thing to ensure there could be no "allegations" of breaking or nicking other stuff.
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Old 08 March 2008, 15:52   #44
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I feel sorry for you Ben
four years ago a bearing, Just one bearing went on our trailer as the boat was in
Northney Mariner i whipped it round to Hayling Trailers and asked him to replace just the one bearing as it was used to launch
I called in the next day and he had cut all the break cables and replaced all the bearings. I went mad, and was told that unless they where paid in CASH no credit cards as they can be subject to charge back, i could sing for my trailer and it was pushed to the back of there yard. In short i like you did not have any thing in writing, amounting to a contract, as such it was my word against theres and yes they where legally entailed to keep my trailer until i payed up.
I paid up.
I know its a bore but get it all in writing take pictures times and date,s etc etc
there is no such thing as trust any more. as more and more people seam to develop selective memory loss when it suits them. If you write send it special delivery (Silver) not the recorded Orange ones.
Ho and by the way try and get a costing from the solicitor you are using.
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Old 08 March 2008, 16:04   #45
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I can't see how your uncle's debt has anything to do with you but like you say it may take time.

Go down there and remove your boat during office hours, if he stops you there is bound to be a 'disturbance' and the police may need to be called if you know what I mean.

He will then have to lie to the face of a police officer, no good for his case me thinks...
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Old 08 March 2008, 16:19   #46
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If he cant remember you outboards maybe the inland revenue will help him remember and vat inspector
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Old 08 March 2008, 16:54   #47
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If he cant remember you outboards maybe the inland revenue will help him remember and vat inspector
Very good point, providing they went though the books of course.
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Old 08 March 2008, 16:59   #48
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Very good point, providing they went though the books of course.
I think the point is if they did not go through the books, he'll be quaking in his boots at the idea of a VAT inspection
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Old 08 March 2008, 17:03   #49
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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..
Sounds a bit like theft if you read it a couple of times.
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Old 08 March 2008, 19:10   #50
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I think the point is if they did not go through the books, he'll be quaking in his boots at the idea of a VAT inspection
Yeh, I figured that. But it's a win win situation, because if they did go though the books there would be evidence of the Engines and the sale of them and how much they got for them.
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Old 09 March 2008, 03:29   #51
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Very good point, providing they went though the books of course.
Yes ,But i was trying to be more subtle.Just go down there with two freinds to discuss your boat . tell him that him denying you your boat and also the knowledge of the outboards is both dishonest and underhand and therefore unreasonable which makes by his own doing imposible to deal with in any reasonable way.So he leaves you no option other than for you to go straight round to the inland revenue to discuss with the the problem you have and could they please check his records for your outboard. with him as hes denying all knowledge of your engines.Or give me my boat now to take away as a solution to your problem.Try to turn it around so he now has a problem,one that he can easily sort out by giveing you your boat back.Auditors cost a lot of money.Maybe the guys books are well kept and he is honest with his accounts.
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Old 09 March 2008, 08:18   #52
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why not report the outboards as being sold without your permision, after being stored there over winter.obviously you have the engine details. The boat yard owner will then have to 1, admit that you gave him permission to sell them, and so will be able to supply details or 2, risk pergering himself by
denying all knowledge. turn the tables on him and let him do all the explaining
to the police and insurance company, if the engines were insured.
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Old 09 March 2008, 14:28   #53
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When impounding something for the purpose of potentially covering the cost of a debt, does a notice have to be attached to it to say so, similar to that when your car gets clamped. If so it might be worth checking to see if there is one, although I suspect that if he has been through a solicitor then there might well be.
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Old 10 March 2008, 04:17   #54
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There's another way of dealing with this as well.

Go online, and issue a County Court action on his company. Offer two remedies - unencumbered return of the item concerned, or its current market value equivalent.

He or his solicitor will then have 14 days to reply, in which case they must either comply, or provide written evidence (invoices, contract, etc) to back up their claim.

Will cost you around £60 online (www.moneyclaim.gov.uk) which is a bit less than a solicitors letter which he will probably ignore.

Simon
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Old 10 March 2008, 05:15   #55
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When impounding something for the purpose of potentially covering the cost of a debt, does a notice have to be attached to it to say so,
Yes, when I've done it, I collected an asset of the customers, roughly equal to the debt in value, taken it to storage, informed the debtor by letter on site where the equipment will be stored, and made it clear that it would not be released until the debt settled. But then you have to take out an arrestment on the asset which is a legal document, done by a sheriff or similar in Scotland giving you title to the asset if payment of clearly marked debts are not settled withing a specified time, and that you would also charge storage for the item. It may be that the storage costs exceed the value of the asset whereby you may obtain lawful possession
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Old 10 March 2008, 09:47   #56
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Let us know how you get on and if your boat needs 'liberating'
Im with you on this Jim. Take a disc cutter down and take the boat away. As long as you give all the parts of any locks used back he cant doing anything about it. This also stands for whellclamping!
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Old 17 March 2008, 16:01   #57
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So come on Benc, how did you resolve this, or is it still a problem, how is it going(if you can say)
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Old 17 March 2008, 16:36   #58
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I have the boat back now and it is in its new home, just a few bits to tie up now
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Old 17 March 2008, 16:54   #59
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Good stuff
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Old 26 April 2010, 10:48   #60
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*bump* this very old thread.

I got reading it somehow...and wanna know how op got his boat back....by force or by reason...it's a cliffhanger!
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