Mashy
New member
Face book , market place
Deposit
- Thread starter Mashy
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Mashy
New member
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john_morris_uk
Well-known member
The docks might put you in touch with the owner. However the real owner might not be the person you paid £500 to.
Mashy
New member
I believe he is the owner , but took payment in full from someone and intends to keep my £500 and not pay me back , that’s why he has blocked me , the boat is sold now on marketplace
Clancy Moped
Well-known member
Time to call in the plod.
jfm
Well-known member
Wishing the OP success in getting it back, it's very difficult to get plod interested. I realise one might run an argument that this is theft, but that is a stretch for want of a key element of the definition of theft, namely "appropriation". Plod will much prefer the argument that it's a civil matter ie breach of contract which they can't get involved in.
Mashy
New member
Yes so because it’s civil I can go over and take the boat until its resolved
Minerva
Well-known member
Almost certainly won’t give you it. GDPR regs etc.
They would give it to plod tho - a combination of a record of your messages sent, the bank transfer and the Marina knowing his address should be an easy case.
But, that’s only if you have been swindled. You say a few weeks, how long are we talking in full? I had a boat surveyed a couple of weeks ago and that took a fortnight in itself to arrange. I would imagine a seller would Want to get his paperwork in order and have a bill of sale etc drawn up. [I may be being naive, but also aware it’s financial year end for working folk, so real life may be rather hectic atm].
jfm
Well-known member
No, taking the boat would be theft. Being legally precise about things, the boat is not your property.
Mashy
New member
Theft yes , unless I explain it’s a civil matter and I have a claim to the boat
DavidJ
Well-known member
Being new to this forum you probably don’t realise that the people who are trying to help you really know their stuff and are very experienced in complex commercial negotiations. Suggest you listen to them before jumping to your own diy conclusions.
I’m trying to help here so best of luck.
Tranona
Well-known member
No. You definitely do NOT have any claim against the boat. Your claim is civil - the seller (who I assume is a private individual) is in breach of contract for failing to deliver the boat you paid a deposit on. However, your chances of getting it back are pretty low. Sending a deposit to an unknown person on a boat you have not seen with no evidence in writing of the contract is highly risky.
However without all the details it is difficult to advise on what action if any is possible
Seastoke
Well-known member
You could Dk on Facebook ,if anyone else has paid a deposit on the same boat then I imagine that could be fraud . But I will leave that to the informed
jfm
Well-known member
You can explain it but you would not be correct. It would be theft. You have no claim on the boat in English law.
Mister E
Well-known member
Forget the boat it is gone concentrate on getting the money back.
Do you know where he lives?
Have you informed the bank?
Do you know where he lives?
Have you informed the bank?
wonkywinch
Well-known member
It's worth reporting to the police through their portal .. Action Fraud
westernman
Well-known member
If you have a contract and paid a deposit, then if the seller backs out of the contract, not only do they have to return your deposit, but they also have to indemnify you for your wasted time etc.
Typically this is an equivalent amount to the original deposit they would have to pay this on top of your original deposit. Otherwise 10% of the sale price is a guide or they can be liable for the real costs involved. E.g. travel costs, hotel costs, etc, etc.
But the key as always is actually having a written contract or irrefutable proof that a contract exists.
Typically this is an equivalent amount to the original deposit they would have to pay this on top of your original deposit. Otherwise 10% of the sale price is a guide or they can be liable for the real costs involved. E.g. travel costs, hotel costs, etc, etc.
But the key as always is actually having a written contract or irrefutable proof that a contract exists.
Fr J Hackett
Well-known member
You could attempt to legally put a lien on the boat but you would need to take legal advice. The key point will be do you have any proof that the £500 deposit you paid related to the boat purchase, the seller could simply counterclaim that it was a personal debt that you paid.
Irish Rover
Well-known member
There have been 38 posts on this thread, 14 of them by the OP, and still none of us have a clue what actually transpired between the OP and the seller. If his apparent inability to explain what happened is typical of the way he goes about things, I'm not surprised he's in the situation he's in. It may well be that £500 was a cheap price to pay for a valuable life lesson, always assuming he has the wit to learn from it.
Harsh I know but life is harsh.
Harsh I know but life is harsh.
ChromeDome
Well-known member
Whenever you claim (anything and in any context), be prepared for the other party to say "Where is it written?"
Documentation is key. There is a clear tendency for the party with the most documentation to win.
Facebook, including their Marketplace, is 100% indifferent to you and your money (unless it's their claim against you).
The combined legal experience on this forum sums up several hundreds of years. And you have the opportunity to ask, free of charge.
Documentation is key. There is a clear tendency for the party with the most documentation to win.
Facebook, including their Marketplace, is 100% indifferent to you and your money (unless it's their claim against you).
The combined legal experience on this forum sums up several hundreds of years. And you have the opportunity to ask, free of charge.
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