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  1. #51
    Join Date
    Sep 2015
    Posts
    898

    Default Re: Marina charging a fee after I sold a boat privately

    This is something that I am now wondering. For them to bar anyone access to my boat because of non payment I must surely be in default of payment. They must have provided an invoice or bill for that payment which I have then defaulred on. Hence they could start legal proceeding to recoup the value of the invoice. which they could ban access to or removal of craft until they have been paid.

    What they are in essence doing is saying by word of mouth only you owe us such and such and until you pay such and such we are going to restrict access to your boat.

  2. #52
    Join Date
    May 2001
    Posts
    14,356

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by thesaintlyone View Post
    What they are in essence doing is saying by word of mouth only you owe us such and such and until you pay such and such we are going to restrict access to your boat.
    Sorry to go on but a legal principle that dates back to Roman Law states that "Verba volant, scripta manent". It is a Latin proverb that, literally translated, it means "spoken words fly away, written words remain". It is widely used in jurisdictions internationally.
    Unless they have given their claim in writing you cannot be 'in default'. If they have given it in writing, then they are claiming payment for a service that they have not given and, therefore, that can be construed as extortion.

    Personally I would give them an ultimatum regarding refusing you access to your boat in default of which I would threaten them with legal action and giving as much publicity in local papers naming them and shaming them.
    But that is just me; I believe that I am as well endowed as they are.
    Should we paint what is on a face, what is inside it, or what is behind it?

  3. #53
    Join Date
    Dec 2001
    Location
    Grenoble
    Posts
    30,701

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by thesaintlyone View Post
    This is something that I am now wondering. For them to bar anyone access to my boat because of non payment I must surely be in default of payment. They must have provided an invoice or bill for that payment which I have then defaulred on. Hence they could start legal proceeding to recoup the value of the invoice. which they could ban access to or removal of craft until they have been paid.


    What they are in essence doing is saying by word of mouth only you owe us such and such and until you pay such and such we are going to restrict access to your boat.
    The only way that they can restrict access to your boat is to put a lien (writ) on it for reasons of debt, breach of contract etc all of which they MAY claim but are not necessarily valid, you would have to challenge the writ in the court it was issued. If they physically try to restrict access that would be a different matter.
    Traditionally the writ was nailed to the foremast but today they may just stick it to the hull and chain the boat to the pontoon. Ask me how I know such things.

  4. #54
    Join Date
    Jul 2018
    Location
    Bewdley, Worcs
    Posts
    408

    Default Re: Marina charging a fee after I sold a boat privately

    I would say their chances of success are minimal. Their only reallistic option to get the money from you would be to take you to a small claims court. Failing to provide evidence of an invoice would see the case dismissed.

    Falsifying an invoice and lying to the court would bring it to a whole new level.

    There is also the VAT aspect ... there are legal requirements as to what must be provided on a VAT invoice.

    Restricting or hindering access to your vessel would potentially be problematic for them. At this juncture, you could simply deny that the vessel has been sold. It's status is not necessarily a matter of public record. You could just tell them the sale fell through, or you sold it for a quid, whatever. It is quite normal to put a sum of £1 on the bill of sale, if you do intend to complete one, giving them a whole £0.10 in claimable commission.

    If I was denied access to my vessel, they would find themselves in court very sharpish, and I would simply deny that the vessel had been sold. I would claim from them my rental costs for the equivalent vessel I had hired while they made mine unavailable.

  5. #55
    Join Date
    Nov 2001
    Location
    Me: Johannesburg South Africa Yacht: Richards Bay East Coast Africa
    Posts
    6,961

    Default Re: Marina charging a fee after I sold a boat privately

    Do You in the UK have any consumer protection legislation. If so that may help with some specific provisions that prevent this kind of unfair provisions.

    We have some very good consumer protection legislation and a consumer protection ombudsman that will investigate a dispute between a company and a private consumer.
    Life is too short not to have a sea view
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  6. #56
    Join Date
    Mar 2013
    Location
    London
    Posts
    6,255

    Default Re: Marina charging a fee after I sold a boat privately

    Did we sort out the issue of berthing fees and whether they had been paid in advance and for how long? If you have an annual contract it will probably mean you lose most or all of the remainder of your yearly fee when you sell. Is that factored into the costs? If that is not an issue I would be inclined to just move the boat out of the marina and let them try to sue you for their "commission". If they havnt issued an invoice they will get nowhere, and if they are charging VAT without an invoice they might end up in court themselves.

  7. #57
    Join Date
    Dec 2007
    Location
    S.W. France
    Posts
    7,547

    Default Re: Marina charging a fee after I sold a boat privately

    Couple of thoughts..
    Marinas are not so chocca with clients in this day & age. Do they realy want such bad publicity in the press?
    Perhaps tell them to read this thread and get back to you.
    Otherwise, some very good advice on here.

  8. #58
    Join Date
    Sep 2015
    Posts
    898

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by Biggles Wader View Post
    Did we sort out the issue of berthing fees and whether they had been paid in advance and for how long? If you have an annual contract it will probably mean you lose most or all of the remainder of your yearly fee when you sell. Is that factored into the costs? If that is not an issue I would be inclined to just move the boat out of the marina and let them try to sue you for their "commission". If they havnt issued an invoice they will get nowhere, and if they are charging VAT without an invoice they might end up in court themselves.
    They are paid quaterly Due on Sunday the 21st for th3 next three months easily paid if needed

  9. #59
    Join Date
    Sep 2015
    Posts
    898

    Default Re: Marina charging a fee after I sold a boat privately

    Also the boat is on the hard without an engine so moving without their crame is difficult. Tbh i cant see why they want to be dicks ovee 300 when the new owner wants to keep the boat there amounting to a few thousand

  10. #60
    Join Date
    Jan 2012
    Location
    South Coast
    Posts
    5,145

    Default Re: Marina charging a fee after I sold a boat privately

    The problem for the OP here is that the legal advice he requires will see the £300 concerned disappear in short order.

    I would pay it, by cheque, with a letter advising you are paying their sum in protest stapled to the cheque. If they cash the cheque they are aware of your protest.

    Then, once the sale is complete issue a Small Claims Summons for the sum, plus any other costs you have incurred.
    Interested in Corvettes PM me for details of the Corvette Motorboat Association

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