golden14
regular
Reged: 11/03/2008
Posts: 27
Loc: Cowes
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My boat was stolen by a so called 'Friend' who has made every excuse going not to pay me (he said he would buy it off me), I have found out he has subsequently sold it, yet I have all the paperwork and am still paying the finance (bit complex so won't bore you all).
I have now found where the boat is located - anyone out there with a legal brain that can tell me if I am within my right to just go and take it back. As my friend pointed out that he didn't think I could be done for stealing back my own boat. Comments please!
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www.destinationcowes.com
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alandee
regular
Reged: 23/05/2006
Posts: 247
Loc: Home: Dorset. Boat: France.
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Your first points of contact are the police and the insurance company as legally you still own the boat. However, if you just take it without informing either you could be in all sorts of trouble. I am not a legal advisor but have been through a similar situation in my youth with a motorbike. Good luck!
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sailorbob
regular
Reged: 21/01/2005
Posts: 63
Loc: South Wales
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It's your boat, and you have the documentation to prove it, so legally it is yours.
Your "friend" did not have title to the boat and the (innocent, but foolish) buyer should have checked this before parting with the money - Caveat emptor and all that.
Having said that, don't just go and take it, involve the police and get them to go with you to avoid any unpleasantness with the buyer. He will be rightly hacked off and will be out of pocket. Whether he can reclaim the sale price back from your "friend" is down to him and may not be easy to do.
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golden14
regular
Reged: 11/03/2008
Posts: 27
Loc: Cowes
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Thanks very much for the prompt respose guys, I am now off to see the police tomorrow, after having spoken to them turns out CID are after him on 4 other charges....
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www.destinationcowes.com
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golden14
regular
Reged: 11/03/2008
Posts: 27
Loc: Cowes
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Further to my earlier e-mail I have spoken to the police and if I can find my boat indeed I can reclaim it legally, after all as they and you have pointed out, you can't steal what you already own. Thus I am making a few additions to my website, photos etc of the boat and target location of where I believe the boat to be in the Southampton area. Then I would ask for all hands on desk on finding it. Believed to be berthed in a Southampton marina more to follow.
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www.destinationcowes.com
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lenseman
regular
Reged: 03/06/2006
Posts: 1416
Loc: South East Coast - United King...
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PM sent
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regards David
"Away Sea-boats crew - Special Sea Dutymen, Close-up"
Skype: lenseman-uk
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B175Chris
regular
Reged: 06/06/2006
Posts: 6094
Loc: B'ham + Port Grimaud
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Very interesting situation, please let me/us know the outcome or any developments...
Best of luck getting it back!
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I think you'll find it goes without Sailing
"Les Freres Heureux?"
"The Happy Brothers! It's homey, but just hard enough to pronounce to intimidate the riff-raff!"
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mattyg
new user
Reged: 04/02/2006
Posts: 9
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I am affraid that the advice of the police is not strictly correct. Although by definition the offence of theft is the 'dishonest appropriation of property belonging to another', there have been circumstances where taking ones own property, which at that time is in third party hands, has been held to be theft. See R v Turner, which involves the Theft of Turners own car which he had left for repair at a garage. I would tread very carefully and if you find the vessel allow the police to recover it, dont do it yourself.
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golden14
regular
Reged: 11/03/2008
Posts: 27
Loc: Cowes
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Matt
Thanks, my aim is to find it and then get the police to impound it until proof of title is sorted. I'm hacked off at the whole thing, not as hacked off as the person who bought it will be. What idiot buys a motorboat with no service history or evidence of any bills, if that volvo penta throws a rod or piston they are looking at £3-5k for a rebuild or 8k+ for a new one....
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www.destinationcowes.com
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lenseman
regular
Reged: 03/06/2006
Posts: 1416
Loc: South East Coast - United King...
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I am afraid that your reference to Regina v Turner is, in this case misleading in the extreme.
Golden14 did not take his boat to someone for repair and then recover boat without paying for repair. This is the basis of the above case where Turner took his car back without paying and in that case I agree it would be theft.
http://www.kevinboone.com/lawglos_RVTurner1971.html
Goldend14 is only recovering what is rightfully his and he has paperwork to prove title. In this case, a charge of theft will never get past the CPS.
I have done very many recoveries of motor vehicles where the driver had deprived the owner, the Fleet Companies, of ownership and it is always good practice to inform the local plod what is going on and what you intend to do. The police are only too happy to be informed of any case of this nature and I did it for five years.
These poor misguided drivers I had to deal with, were always under the misunderstanding that when the firm whom they worked went bust owing them their salaries, they thought they could keep the company car until they were paid. The company cars were fleet owned and were the property of the Fleet Hire Company for whom I was working.
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regards David
"Away Sea-boats crew - Special Sea Dutymen, Close-up"
Skype: lenseman-uk
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