Boat off mooring - salvage claim... Yes. Again! Arrr!

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Fatbeard

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Arrr ye dogz!!!

So yes ... another boat ended up in my hands at the end of last summer.

I am sure the FYW (owner) involved won't mind me telling you all that he has used threatening language, and been very rash in his actions towards a group that have been silly enough to drag his boat off the rocks in 25mph winds.

Further he has not paid the settlement agreed on when we released his boat back to him.

Because I am lovely, we promised the FYW involved that we would not drag him through court until one last try at resolving the situation is made... That was before Xmas so it's time to get back on with it.

The agreed settlement was £500 however the vessel, a pretty yellow workboat (PYW) is probably worth (and insured for) around £25,000.

Owner's insurers informed him that they would not pay because the boat was "within 3 miles of shore", a patent nonsense as owner freely admits.

Owner has refused to provide address and insurer details, threatened my life, property and peace (recorded over the phone over several conversations) and not paid the agreed sum on time.

Anyone wanna buy our rights in this?

Arrrr!

Fatbeard.
 
I fear you're unlikely ever to get your £500, and if you do it probably won't be the last you'll hear from the owner. Maybe just put it down to experience.
 
If he has threatened your life then that is a serious criminal offence. Suggest you go the the police and play them the recording.
 
Perhaps you should stop 'resucing' these boats. No good ever seems to come of it. Leave em to the elements.
 
RichardS said:
Or rescue them out of good neighbourliness and hand them back to the owner without making any monetary demands? ;)

Richard
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Well that would be what most if us would do, I have done it myself numerous times, but FB is clearly not of that persuasion, which is why I suggested just leaving them.
 
CLB said:
Well that would be what most if us would do, I have done it myself numerous times, but FB is clearly not of that persuasion, which is why I suggested just leaving them.
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It might be a generous act but the principle that someone who takes action to rescue a vessel is entitled to some recompense for their effort, and sometimes for the risk, needs to be upheld. We don't know the details, but pulling a workboat off the rocks in a F6 doesn't sound easy to me. The owner sounds like an evasive character, especially as the resue must have saved him from a much greater expense. I think that fatbeard should continue as he is by trying to keep things at a low level but with the determination to proceed if necessary. I don't know how many people are involved but the possibility of reporting what appears to be criminal behaviour is probably best done with everyone's agreement.
 
Should be no skin off his nose to tell you who his insurers are and leave them to negotiate with you the salvors.
Could be he is uninsured of course which small claims one route or try.
Checking the mooring licence contract for the mooring location another route.
If he had moored on the back of a contract that stipulates insurance has to be in place drag themooring operators in to the mix on grounds they had failed in duty of care in failing to check insurance in situ.
They might kick his arse!
 
Did you have to break into that one as well?
Funny how you only ever pop up here when You've rescued a boat. How did the first one go?
 
Fatbeard said:
Anyone wanna buy our rights in this?
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Ooh. Thats an offer not to be missed.

So two ways we can make this work:

- You pay me a fixed fee to take over your debt management. The debt becomes mine, and I will pursue the debtor. I will keep all of the debt I reclaim from the debtor, and will claim my costs in doing so. I'll pay you £250 for the debt but there will be an administration charge which you'll need to cover. My minimum administration charge is £1000 which needs to be paid 7 days in advance of me pursuing the debt.

- I take over your debt management for free. Since you seem like a decent chap I will wave the £1000 admin fee (well I might pass it on to the debtor ;-) ), but I wont pay you anything until I've recovered the debt from the debtor. I wont be classed as a debtor to you either.. It will be up to me how hard try to do that. I might send them an email or something. If I recover any of the debt, you will receive 25%, I will keep the 75%. You can not pursue the debt yourself or ask anyone else to.
 
@ShinyShoe ... Hi again! Your offer is welcome, however we really do need £500 on transfer of rights (I had a crew member aboard on the morning in question and agreed to pay him half of whatever came in). Via the county court route, I expect a judgement would be straightforward, but this route (in personam) would not pay above the £500 agreed with owner? The admiralty court route (in rem) might result in an award of 10% of vessel value. The court costs are significant and a registered solicitor is required to interact with the admiralty bailiffs.

@Spyro ... nope - learned that lesson last time. Last one - insurer settled 4 figures, owner and self exchanged a few phone calls he turns out to be decent, eventually thanked me for looking after the boat. Turned out he genuinely was away working while these events unfolded. Yet to actually meet him but have penciled in some sailing with him.

@Sandyshore ... you may be right about the moorings - there's some reason owner keeps telling me "it's not a workboat" when it plainly is!

@2Tizwaz ... Offered owner the lesser of £500 or whatever 1 year no claims bonus turned out to be. He chose £500. Boat broke loose combination of high tide and strong wind night before. Owner statement "I should have used chain".

@CLB, RichardS, Graham ... Hi ladz! Arrrr! Yeah funny stuff. Maybe next time. Probably not.

@Halo ... yeah not really trying to ruin this guys life. Should say that just before Xmas there was a much more reasonable conversation with owner - and some reconciliation. We both said "sorry" for the yelling and agreed more sensible as this went forward "after xmas".

@LadyInBed ... no photos just the call recordings with owner.

@Johnalison ty for seeing it.

I should say, this isn't the first and won't be the last. Firmly believe that a sensible process in place is the best way to deal with these.
 
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Fatbeard said:
@ShinyShoe ... Hi again! Your offer is welcome, however we really do need £500 on transfer of rights (I had a crew member aboard on the morning in question and agreed to pay him half of whatever came in). Via the county court route, I expect a judgement would be straightforward, but this route (in personam) would not pay above the £500 agreed with owner? The admiralty court route (in rem) might result in an award of 10% of vessel value. The court costs are significant and a registered solicitor is required to interact with the admiralty bailiffs.
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Well if you offer him half of me second proposal he would do nicely out of it if the money came in.
County Court would get you £500 plus reasonable costs for recovery of the costs, and possibly interest.
Admiralty Court if you have an agreement for £500 wont get you more than that but would make arresting the boat to recover costs simpler.
 
Since the original deal has been negated by the owner's position, I would argue that the Admiralty court would be in a position to calculate a fair salvage settlement which might well exceed our initial figure. The county court route is UNDOUBTEDLY the route I would push another person to, however someone with legal resources would likely fayre better by way of settlement as percentage of vessel value.

@Jumbleduck ... as you ask it is a good tale... sadly the log entry for the morning in question has been lost (dead phone) however it would render thus...

Woke early, Northerly 25mph forecast to drop later. Simon and I took XXXX to look for the missing Colvic which INSURER NAME is looking for (yes they gave us the details!). Shouldn't have risked it wind was too much for our 0.5hp Seagull. Made such slow way that an hour had passed and still in sight of our moorings so we gave up and decided to return (much easier with the wind!)

On the rocks at the entrance to the RIVERNAME a new looking 30' yellow workboat. Tide is now falling and I discuss with Simon. He agrees to risk it and we agree to split any reward. Sheer luck we are able to remove her. In the small swell the workboat's fixings are like scythes. Simon boarded and secured us but had no way to steer her (wheel house locked). Unable to make our moorings safely so anchor workboat in the channel on her own gear. Make tea. Later leave workboat on anchor and make it back to the mooring with a few minutes before we grounded out.

Later... Night tide .... Two separate boats have come alongside workboat and tried to board. Shooed them away. Sigh. Dinghy out to workboat, long line ashore (kept being washed away on the incoming tide took 3 goes). Back to workboat to draw her in on the thankfully working electric winch. Workboat now moored alongside in the mud, strung on her anchor upstream and our mooring.
 
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If you hadn't agreed the salvage costs you MIGHT get more in admiralty court. But you agreed a settlement. Forget admiralty court.
At best you get £500.
In reality you'll get nothing like that. Not even in county court unless you have a written contract.
 
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