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Posted By Discussion Topic: Boat Yard practices

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ruby
Nov-24-2021 @ 3:26 PM                           Permalink
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Hi jolly

Not sure how martham can help as we have already established the boat can't get under the bridge. Perhaps they have a mobile facility but for a 42 foot boat that seems a bit unlikely.

Graham

ruby
Nov-24-2021 @ 3:34 PM                           Permalink
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Terry

The small claims court is indeed an option and it may indeed work just by the initial claim however he has already been told by a qualified expert he only has a 50 /50 chance of winning if it gets to court  .

I do not share your confidence of the chance of success particularly as it is a very grey area and only one person's word against another of what was said .

However the initial claim providing it is for less than £10 K might just work before it gets to court  

Graham

aledsav1
Nov-24-2021 @ 3:42 PM                           Permalink
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Yes cannot get to Martham, so all I am going on is that given the stringers have rotted (they provide support width wise) that it is not advisable to lift the boat, am not versed in different lifting options that can work around this.

small claims was an original route however we then went to a solicitor, and I really do not want to throw another 400+ into pursuing something that might not lead anywhere, given that a consumer law solicitor who is a litigator has advised we would only have a 50/50 chance of winning, I very much doubt small claims with out legal representation would fall in our favour, and again we would then have to cover their legal costs so another chunk of money we so badly need to repair the boat.

alan

Stingers
Nov-24-2021 @ 4:44 PM                           Permalink
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Alan, you do not need legal representation in the small claims court and they do not normally award legal costs either. My family have used their services 3 times and have won all three cases, even when up against the resident barrister of a well-known national coach company.

Andy

Greybeard
Nov-24-2021 @ 5:14 PM                           Permalink
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some might say honesty and value for money, would be a rarity in both boat salesmen and the legal profession.
"just saying"
Wink

my appearance is down to me, my attitude is down to you.

aledsav1
Nov-24-2021 @ 5:36 PM                           Permalink
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Thanks Andy, might try that route then as it might just be worth a punt at this late stage after exhausting everything else.

Greybeard, my only experience with both those professions really is this situation. So in general I don't know, but the boatyard (ludham) I have since been to for advice on the boat apart from being extremely helpful without me actually being a customer, also explained their selling practices and it is the opposite end of the spectrum to what happened to us.

alan

Steve51
Nov-24-2021 @ 6:13 PM                           Permalink
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Alan, you say you've been advised that your chances of success are 50/50. It may be that the defendant will take the same view and when presented with the court documents, decide not to contest it. It may also help your case if you had your friendly boatyard provide you with a condition report. Sadly, it's all a gamble, but one you may feel is worth it.

Steve. CM1 and NR12

aledsav1
Nov-24-2021 @ 7:00 PM                           Permalink
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I have just had a good read up on small claims and given the case I would be presenting it would more than likely be that we would have to attend the court (as I thought small claims were just done remotely with the evidence presented in written form).

Now given it would be an actual physical hearing that factors in more costs, and it appears that solicitors can also be an option, so should the other side choose to have legal representation I would be on the back foot unless I also hired a solicitor, again we are talking money we cannot afford to lose should it not go our way, and then leave us with even less chance of fixing up the boat.

alan

Greybeard
Nov-24-2021 @ 7:40 PM                           Permalink
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Sorry Alan,I should have been more specific.
I meant the dodgy seller,   and I realise there are some good guys out there too.

see the post by Steve 51, he has a good point,and his suggestions are sound.

the  condition of the boat was misrepresented to you.the photos and the findings of a respected boatyard will help your case.

but at the end of the day its of course your decision.


my appearance is down to me, my attitude is down to you.

spiderman
Nov-24-2021 @ 10:15 PM                           Permalink
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My 2 penneth on this would be don't even contemplate doing a major rebuild unless you are totally committed to it.
I've got the t-shirt on this one.
It was a lifelong ambition of mine to bring an old boat back to life and its a hard slog, especially if you have a life to live alongside. Important was somewhere to actually do the work, most importantly was the time,money and enthusiasm to complete it.
I found I was usually short of one of the 3. I completed it in the end but it took an awful lot more money, effort and time than I ever expected.
I wish you all the best if you take it on, but be under no illusion as to how much work is involved.
Don't want to put you on a further downer but it's never straightforward.
The plus side you end up with a boat you know inside and out and is just how you want it, and there is a wealth of advice to be found in these forum pages.
Good luck!





Paladine
Nov-24-2021 @ 10:35 PM                           Permalink
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aledsav1, I think you need to read up some more about the Small Claims Court. The system is designed to be a low-cost solution for disputes - there is plenty of free information available on-line e.g. https://www.gov.uk/make-court-claim-for-money and https://helix-law.co.uk/what-costs-can-be-recovered-on-the-small-claims-track/

For a claim under £10,000, legal costs are not usually recoverable, win or lose. I cannot comment on the strength of your claim, as I have not seen the evidence, but if you have written evidence of being misled and the boat being in an unfit, possibly dangerous, condition, the 50/50 might swing in your favour.

I have taken three international companies through the Small Claims Court procedure. Only one case even reached court and when it did, the company's solicitor capitulated in front of the judge.

If you read, understand and follow the procedures, prepare your case as fully as possible, present your evidence logically and are willing to go all the way, you may find the process is not as daunting as you seem to think. It's geared up to be accessible to the layman.

Edited to add: Sutton Staithe Boatyard have an adjustable lifting trailer, which supports the hull on its keel and side supports, which might well be the solution to getting your boat out to work on. But winter is when many boats come out for storage, so you might have to wait until the Spring for shore space.


Been hit by another boat? Report the incident to the Marine Accident Investigation Branch’s dedicated accident reporting line on 023 8023 2527 which is monitored 24 hours a day.  Help to make the Broads safer.

This message was edited by Paladine on Nov-24-21 @ 10:42 PM

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