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Posted By Discussion Topic: Boat Yard practices

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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

aledsav1
Nov-25-2021 @ 7:33 AM                           Permalink
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My partner does not want to throw anymore money at pursuing the legal aspect of this, shes had enough of it all and really just wants to get on with it from here on.
If it was just me then I would be continuing through SC court.

On taking on the complete refit as that is what it would essentially more or less be, removing all internal aspects, replacing the stringers and then complete refit, I am not to phased at the amount of work,(I have done complete house renovations before, back to just the basic structure, internal walls removed to change layout etc and complete refit of everything including the electrics and plumbing) the main factors are a place to carry this out and money, as I would be taking it back to its GRP shell internally, but the other option is BOATSHED, see what they price it at as a project just to recoup something might be the lesser of 2 evils rather than ploughing much more time and money into it.

alan

TerryTibbs
Nov-25-2021 @ 10:02 AM                           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"

As has been said earlier, the small claims court rarely award costs, I have never known them to. I have recovered money a few times this way and have never resorted to Solicitors, The one time we came up against legal representation was with my Brother, a guy had run into his car, admitted liability then reneged, he wouldn't report it to his insurance and long and short my brother took him to the "County Court" as it was then, as we were waiting for the hearing we were informed that he had now reported it to his insurance company and they had sent their legal people to represent the case. We were asked if they could talk to us before the hearing which we agreed, They said that their client was claiming that it was my Brothers wife who had caused the accident and that he had never admitted liability. We gave our side of the story including all correspondence etc and they went away to talk to their client. 15 minutes later we were told that the insurance company had withdrawn from the proceedings and the other guy would be representing himself. We were then called into court which was actually an office rather than an official court room (sometimes it is an actual court) and  the other guy didn't turn up. The judge found in our favour and advised my brother to pay the extra and go down the hand served route. He eventually got his money but not before bringing in the bailiffs.
I have always found the CC SMC court system very user friendly and not at all intimidating. Remember you can pull out at any time up to the court case without incurring additional costs.
It's no guaranteed but receiving a summons through the post may well give them a wake up call and make them realise that you are serious. As I said though get a quote for the work that a surveyor would have picked up, any decent yard will advise you of that and send a "bill" to them for the amount less the surveyors cost you would have incurred.
As for lifting the boat, I don't think you would have a problem but ask the experts. If you want it on land to work on yourself, try Wayford Bridge marina, they have a lot of hard standing some of which they do allow long term projects on.


if it is to be it is up to me.

Stingers
Nov-25-2021 @ 10:35 AM                           Permalink
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I fully agree with what TT has stated, its much less formal than you would expect and is usually in an office environment. When you've taken this course once you will not be afraid to do so again. If the boat seller or his solicitor says something out of line he will soon be put in his place and the fact that you are representing yourself will also be taken into account. Also, as TT says, the seller may decide to pull out once he has seen your claim. So don't be deterred.

Andy

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