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  1. #31
    Join Date
    Dec 2001
    Location
    Grenoble
    Posts
    30,704

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

    It is basically a small claims action against the marina if they insist and make life difficult for you. I had the problem where a marina threatened to put a Lien on my boat and frustrate a sale so I paid under duress and issued a small claims writ eventually they backed down paid my costs, interest and repaid the fee. The basis of my small claims writ was unfair contract which is unenforceable. There has been one that has go to court and was found in favour of the seller, the marina did not appeal as that would make the ruling precedent. If you wish I can go into more detail but it was relatively well documented on the forum so a search will throw it up.

  2. #32
    Join Date
    Sep 2015
    Posts
    898

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

    Im currently debating whether I will need this Medway Inland based mar8na in the future and if they try to fleece any more money off me. They have asked that the buyer pays the sum into their bank account. Which he will not be doing. The sale included the 10% but not the plus vat!!!! I think its best I get the new owner to pay me directly and as long as I pay any dues owed then they cab either be shitty if i need them again or not.

  3. #33
    Join Date
    Jun 2014
    Location
    Cowes, Isle of Wight
    Posts
    171

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

    Has the sale already happened, has money and boat changed hands?

    If not, could you just move the boat from the marina to another one and then sell it, telling the marina you still own the boat? Most annual moorings are paid up front and are not refundable, so that money was lost anyway.

    Once it is moved, pay for a new advert some where, buyer pays by bank transfer. Evidence the sale happened after it was moved.

    If the marina still persue their petty claim they would be unable to present any evidence that the sale occurred while in their marina.

    I would go out of my way to ensure I never used that marina again.

  4. #34
    Join Date
    Jan 2012
    Location
    South Coast
    Posts
    5,145

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

    Quote Originally Posted by lw395 View Post
    The thing is, the clause is in there, and you have to either pay up, or take your chances on whether the marina will pursue it.
    If the marina pursues it at all, it might be better to actively challenge it, rather than wait for them to start debt collection proceedings. Personally I would take proper advice on how best to challenge it.
    If you simply write to them (recorded delivery) stating you dispute any charge or fee they imply might be due, stating the reason that their contract clause demanding this sum has been deemed an unfair contract clause by the Courts (be deliberately vague).

    This establishes a clear dispute, which is important because they cannot then just pass the debt they allege to a debt collector, because if they did do this you could then apply for a restraining order against them, as you can clearly show the matter is disputed (include / inform the debt collector), which would cost them a decent part of the 10% they illegally seek, and such a restraint on a disputed debt cannot be reclaimed because to pass a debt on for collection, which is legitimately and already disputed is an abuse of due process, for which their remedy if they disagreed would be to sue you, giving you proper opportunity to issue a defence and indeed a counter claim, e.g. the entire contract fees paid, for what has been an unfair contract in all regards.

    They cannot not simply send the boys round. First sniff of a legitimate dispute on such as debt would see the debt collector running away.

    Please do tell us who this Charlatan marina are.
    Interested in Corvettes PM me for details of the Corvette Motorboat Association

  5. #35
    Join Date
    Jul 2011
    Posts
    351

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

    I have asked in a private message (to keep the name off the thread) as this sounds very much like a marina I was in on the Medway

  6. #36
    Join Date
    Dec 2001
    Location
    Grenoble
    Posts
    30,704

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

    Quote Originally Posted by Rocksteadee View Post
    I have asked in a private message (to keep the name off the thread) as this sounds very much like a marina I was in on the Medway
    I don't think it was any secret that the one which backed out of my small claims action on the day before the hearing was Shotley. The one which actually went to a small claims court and was ruled in favour of the appellant was a well known Solent marina and as I was not involved in that I am not going to say which it was. People need to know though and check their berthing contracts. Their are very few marinas that will pursue this now perhaps only the small independent ones.

  7. #37
    Join Date
    Sep 2015
    Posts
    898

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

    Quote Originally Posted by superheat6k View Post
    If you simply write to them (recorded delivery) stating you dispute any charge or fee they imply might be due, stating the reason that their contract clause demanding this sum has been deemed an unfair contract clause by the Courts (be deliberately vague).

    This establishes a clear dispute, which is important because they cannot then just pass the debt they allege to a debt collector, because if they did do this you could then apply for a restraining order against them, as you can clearly show the matter is disputed (include / inform the debt collector), which would cost them a decent part of the 10% they illegally seek, and such a restraint on a disputed debt cannot be reclaimed because to pass a debt on for collection, which is legitimately and already disputed is an abuse of due process, for which their remedy if they disagreed would be to sue you, giving you proper opportunity to issue a defence and indeed a counter claim, e.g. the entire contract fees paid, for what has been an unfair contract in all regards.

    They cannot not simply send the boys round. First sniff of a legitimate dispute on such as debt would see the debt collector running away.

    Please do tell us who this Charlatan marina are.
    Hi thanks for all the replies. There were no for sale signs on the boat. Im going to introduce the new owner and whence he is a berth holder. i will ask for an invoice for the sum asked. I will then follow the above advice to dispute the fee. What do i need to do apart from sending recorded delivery to prove I srnt the dispute letter.

  8. #38
    Join Date
    Sep 2015
    Posts
    898

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

    I have just spoken to the yard and explained that I wish to be provided with an invoice and was told that I will recieve an invoice aftet I have paid the money. O was also told that the new owner would not be able to access the boat untill I had paid the commission. Fooking anniyed about thes3 shat tactics by Medway Wharfe Marina in Wateringbury

    Any Advice

  9. #39
    Join Date
    Dec 2001
    Location
    Grenoble
    Posts
    30,704

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

    Quote Originally Posted by thesaintlyone View Post
    I have just spoken to the yard and explained that I wish to be provided with an invoice and was told that I will recieve an invoice aftet I have paid the money. O was also told that the new owner would not be able to access the boat untill I had paid the commission. Fooking anniyed about thes3 shat tactics by Medway Wharfe Marina in Wateringbury

    Any Advice
    As I said before if they are threatening to thwart the sale by denying the prospective purchaser access then in order for the sale to proceed you will have to pay the bill but do so UNDER DURESS and notify them that is what you are doing. Before you do that explain to them that you will challenge them in the small claims court on the basis of unfair contract. You could suggest to them that they talk to their trade body, the RYA and explain that cases have been won against marinas for exactly what they propose. Closer to home you could suggest that they talk to the owners of Shotley Marina. You will need to persevere and read up on exactly what constitutes unfair contract and in your submission spell it out, do not simply say "unfair contract" If it gets to go to a hearing or arbitration represent yourself do not use a solicitor or worse a barrister who although more competent than yourself will more than likely get up the district judges nose, the hearings are usually informal. You should also contact the local Trading Standards Office, they were very interested in my case.
    It is not a quick fix as I said you will need to be prepared and work at it but in the end you should be successful.
    How much do they want ie what is 10% of the sale, if it is a relatively small sum they may be trying it on thinking you will give up and pay.

  10. #40
    Join Date
    May 2007
    Posts
    37,302

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

    Just bear in mind the law can be capricious and you could lose.

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