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  1. #121
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    Jun 2010
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    Just want to say I haven't gone quiet, but we are at a rather critical stage and so don't feel able to add anything else until the lawyers have done their talking. As soon as there is any definitive news, I will post on this thread.

    I am, however, really grateful to all of the boat owners who have posted - even the critical ones - you have helped me in a number of ways. I only wish I had known then what i know now when: 1/ I was a green landlubber buying my first boat through a crooked dealer and 2/ when I decided against spending the 200 fare to London and a day off work to attend court for a boat I'd already lost to my ex and was worth hardly anything (relatively speaking).

    My current course of action (that I can mention) is to defend the Statutory Demand served against me for the (27500 ish that the defaulting borrower owes them); to do this, the Bank has to either accept that it does not wish to enforce the High Court judgement against me (or the defendant) and release me from this, or I have to overturn this judgement.

    As the stakes have now been raised to 27500 (and rising with interest) I now have every incentive to take this back to the High Court with appropriate representation.

    One thing's for sure: the only way I'll be on the water this summer is on my kayak with a bass rod - which is where I'll be tonight

  2. #122
    PaulGooch's Avatar
    PaulGooch is offline Registered User
    Location : Home = Norfolk, Boat = The Wash
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    Do keep us informed, as and when you can. I'm sure everyone here wishes you the best of luck.

  3. #123
    petem's Avatar
    petem is online now Registered User
    Location : ation, Loc: ation, Loc: ation.
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    May 2001
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    Yep good luck and please report back. interesting that you bought the boat from a dealer. Hopefully your legal advisers or you appreciate the difference between stock and brokerage boats.

    Pete

  4. #124
    PaulGooch's Avatar
    PaulGooch is offline Registered User
    Location : Home = Norfolk, Boat = The Wash
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    Quote Originally Posted by petem View Post
    Yep good luck and please report back. interesting that you bought the boat from a dealer. Hopefully your legal advisers or you appreciate the difference between stock and brokerage boats.

    Pete
    Dealer's gone skint Pete.

  5. #125
    timbartlett Guest

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    Just a thought ...
    The bank must know who they lent the money to.
    And they must know that it wasn't the OP.
    And if the court gained the impression that the OP was the one who had defaulted on the loan, that must be because the Bank misled it.
    Isn't it a fairly serious criminal offence to make a misrepresentation with the intention of causing another to suffer loss?
    And isn't it another serious crime to mislead a court of law?

    Anyone?

  6. #126
    Join Date
    Jan 2005
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    9,107

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    Seeing as the boat belongs to the ex, has anyone explained why she doesnt get the bill

    sounds like a result to me
    .

  7. #127
    Join Date
    Jun 2010
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    The legal system is disgusting and is clearly weighted against the ordinary man. It is obvious that the banks get a favourable and unfair result at the enormous cost to an individual. The judge should no regard to you or any morale fibre when he made that decision. It is pure gansterism and theft. You have been wronged badly here, the judge saw the banks were at a loss and you were the easy target. It is like a mafia system. There is no way whatsoever that the bank should be entitled to the mortgage AND the boat, it should be either/or, and of course it should only be the previous owner who signed the morgage who should have to pay. I can imagine how you are feeling, I have little respect for the legal system or the banks, and judgements like this only reinforce how disgusting they are and how they are out to take advantage of the public.

    I do hope you have success in fighting this, it really is disgusting that they can take the boat and still expect to be paid the mortgage on it. I hope you refuse to give them a single penny, and they shouldn't get any money back from either you or the previous owner while they have the boat.

    Best of luck and I hope you find a way out of this mess.

  8. #128
    jfm's Avatar
    jfm is offline Registered User
    Location : London/Antibes
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    May 2001
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    What a load of ignorant bollox

    Quote Originally Posted by zarathustra View Post
    The judge should no regard to you
    Indeed, becuase he was a no-show. He didn't bother to turn up to the court or enter any defence. If he had, the judge would have shown him much regard

    Quote Originally Posted by zarathustra View Post
    There is no way whatsoever that the bank should be entitled to the mortgage AND the boat, it should be either/or ...
    The bank are not entitled to both, and the judge never said they were. That has been confirmed in this thread

  9. #129
    Join Date
    Nov 2002
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    Quote Originally Posted by timbartlett View Post
    BTW, as there seem to be contradictory ideas about whether Part 1 registration is required or not, http://www.lombard.co.uk/assets/mari...-answered.aspx might help:-
    No contradiction but you need to read a little between the lines.

    Quote Originally Posted by LOMBARD NC FAQs
    Must I register the boat?
    Unless you keep your vessel outside UK waters, or we provide a particularly large level of finance, we do not normally require the boat to be fully British registered under Part 1 of the Merchant Shipping Act.
    What this means, I believe, is:

    a loan below a certain threshold (whatever "a particularly large level of finance" means) will be on a (unsecured) personal loan, so no registration, whether Part I or SSR, needed.

    if a a loan is above the threshold, then security (marine mortgage) is required and LNC will insist on Part I registration.

    It does not say that LNC takes unregistered security (i.e. a mortgage on an unregisterd vessel). It is POSSIBLE they do so but, I think, highly unlikely, or only for a short period (e.g. pending completion of Part I registration).

  10. #130
    Join Date
    Jul 2007
    Posts
    337

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    I hate that-like reading a Grisham novel and finding the last chapter missing :-) what happened? what happened?

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