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All that the bank will do is confirm that payment reached the sellers account.
Not correct. I've been through this process. YOUR bank might not do anything, but generally UK banks can and will do something and have a process for disputed payments. I don't know why you keep insisting that's not the case because I know for a fact that it is. Please explain why you're disputing this - if you work for a bank let us know which one so we can avoid it.
 
As do you, there's no suggestion they did. You're acting like you have more information, and I can't tell whether you actually think you do know more than the rest of us or you're just assuming yours is the right answer because it's your own. Either way, we clearly don't agree, you don't need to keep replying to my posts.

Nonsense. The problem is that the OP is £500 down and needs it back. The boat clearly either doesn't exist or has been sold elsewhere so is irrelevant. Your insistence that they seek redress under contract law is insane and will certainly lead to them losing their money. If they follow up with the bank they at least stand a chance. You have some deep misunderstandings of real life, the law, and of banking. I do realise you're confident that you're right, but that's your own problem not mine.
Well, I am going to reply because there is no reason for the bank to get involved. Based on what the OP says he entered into a contract willingly to buy a boat on the basis that the seller said "it is yours when you pay the deposit". He has already established that the boat exists and the seller was the owner.

Absolutely no reason to involve the bank. It is no different than if he had paid in cash. The idea that the funds may or may not have been received is your fabrication. Of course if there is some doubt that the funds went astray or the recipient claims not to have received them the bank will check on your behalf BUT there is nothing in the OPs posts to suggest this.

This is a dispute between two private individuals where one is in breach of contract and if it cannot be resolved between them the redress is through the courts. How can you say that is "insane" when the system has worked for nearly 200 years. That is real life - not all the things that you are introducing which may well be appropriate in other circumstances, but NOT based on the information the OP has given. How can you make a categoric statement that he will lose his money if he follows the correct procedure? He has already "lost" it and if his case is as he described it he should formally request the return of his deposit and if that does not work submit a claim through the small claims route www.gov.uk/make-court-claim-for-money and if his case is sound he will win - although he may still have difficulty in actually getting his money from the other party.

If this thread was about all the things that can go wrong buying a boat and ways of dealing with them, many of the scenarios conjoured up, and the mechanisms available to deal with them would no doubt be discussed - but it is not. It is a simple scenario and the OP has received sound advice from a multi millionaire contract lawyer. His advice is essentially the same as mine - and would be the same as I would have expected from my first year students given the same scenario.

Just to be clear, I am not saying that what you write is wrong in itself - just not relevant to the OPs question.
 
there is no reason for the bank to get involved
And how will the bank flag the account as part of a scam if nobody contacts them? You have no understanding of this at all.

You don’t even have a way to file the claim in your clever legal BS route since the details of the vendor were likely false on the social platform so nobody to take to court. At least if a bank were contacted you stand a chance of finding the real details of the recipient of the money to make such a claim once the bank process is complete.

As I said, you have zero understanding of this situation and have imagined detail that’s simply not available. Following your advice will likely lead down a lengthy and fruitless path and not only result in OP getting nothing but the actual fraud would not even be flagged for investigation through proper processes. Pointless.
 
There is nothing in what the OP says that implies a "scam" - indeed the opposite. He says he has checked that the seller did indeed own the boat and the boat exists and has been subsequently sold (by the person that is holding his deposit) to somebody else.

Nobody here has any information other than what the OP has written and therefore any talk of fraud or systematic scam is pure speculation. A sensible course of action following established legal procedure of pursuing a claim for breach of contract is the only way to go (apart from sending in the heavies!)
It might be pure speculation. It’s also possible there were terms of the purchase that the OP failed to conform to which entitled a legit seller to keep it, BUT I’m pretty confident it’s a scam and the OP either doesn’t realise it or won’t admit it. Anyone who sends a £500 deposit to a stranger with nothing in writing is probably not the best equipped to do the due dilligence necessary to ensure it’s not a scam.

Lusty is correct that if a mistake has happened the bank can help remedy it (we’ve done this at work when an account number was mistyped). They’ll sometimes even get involved if there has been a scam. They’ll not be interested if it’s a contract dispute.

If it’s not a scam, and not being kept because the OP failed to comply with the terms of the agreement, then the implication is the seller is just incompetent/chaotic and not getting round to refunding. That’s possible, but I think of all the scenarios the least likely.
 
Lusty is correct that if a mistake has happened the bank can help remedy it (we’ve done this at work when an account number was mistyped). They’ll sometimes even get involved if there has been a scam. They’ll not be interested if it’s a contract dispute.

This does seem to be what he's confused by. He appears to think that you can ring up your bank and say 'that payment I made five days ago, I'd like it back now because things didn't work out as I'd hoped' and they'll trot off and get it for you. Not a chance.
 
Meantime, back in the real world, the OP doesn't even bother to log in here to see if someone found the secret to recovering his "monkey" while the wardroom JAG's continue in full Tidal flow.
He hasn't received the answer he wanted (that he can trot down to the boatyard and claim the boat as his own) so the thread is of no further use to him.

Many people only like to be told that what they believe is true, and struggle with any information to the contrary.
 
Which is why plod need to be involved

16Obtaining pecuniary advantage by deception(1)A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.

Not really the the offence that may have been committed and in any case repealed by the Fraud Act 2006. In simple terms ‘pecuniary advantage’ related to evading a debt, being able to borrow or being able to earn, in all cases by deception. In this case it could be said that there is a debt but there has been no deception in avoiding repayment - the seller has simply refused to return the money.

In the described circumstances if there was any ‘deception’ (in old money) or false representation, to use current terms, it would have had to have taken place and be in the mind of the seller at the time he took the deposit i.e. knowing that they were not going to sell the boat to the OP or return the deposit.

It is easy to see the difficulties in investigating such a case (i.e, proving state of mind beyond reasonable doubt) so it is down to theft being a possible option but as jfm mentioned, proving ‘appropriation’ might be tricky. All this might well result in any report of crime being screened out as not a viable investigation (the police do not have sufficient resource to investigate everything reported to them, which is a political issue but one which politicians are adept at dodging) but in the circumstances it would almost certainly fall within the ‘civil debt’ category - a business deal gone wrong that it would not be appropriate to expend public resources investigating. .
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Not correct. I've been through this process. YOUR bank might not do anything, but generally UK banks can and will do something and have a process for disputed payments. I don't know why you keep insisting that's not the case because I know for a fact that it is. Please explain why you're disputing this - if you work for a bank let us know which one so we can avoid it.
Lustyd (and Ylop) I'm following your argument but you are missing a crucial thing. To invoke the process where your bank looks into and moves to freeze (or whatever) a potentially misdirected/lost payment, you must represent to your bank that you believe the payment to have gone missing. In this case, that would involve lying, for pecuniary gain, which someone above will tell you is a criminal offence. If you tell the truth to your bank, which (in these circumstances) is that you think the money went to the right guy but it later turned out that that guy breached a contract or is even a fraudster/criminal and you'd just love to have your money back please, your bank will not get involved. Nor should they because as said above, they did exactly as instructed. See #125 above and plenty of other posts.

And that's exactly how it should be. When we receive money we don't want whoever paid it to change their minds and be free to ask for it back. Otherwise how would any honest folk ever know for sure that clean money in our bank accounts is free from clawback and available to spend? You can't run a country like that.

Sheesh this thread is hard work, even though the situation is so simple (that comment not aimed at Tranona, Ari, Greg2, etc :))
 
And how will the bank flag the account as part of a scam if nobody contacts them? You have no understanding of this at all.

You don’t even have a way to file the claim in your clever legal BS route since the details of the vendor were likely false on the social platform so nobody to take to court. At least if a bank were contacted you stand a chance of finding the real details of the recipient of the money to make such a claim once the bank process is complete.

As I said, you have zero understanding of this situation and have imagined detail that’s simply not available. Following your advice will likely lead down a lengthy and fruitless path and not only result in OP getting nothing but the actual fraud would not even be flagged for investigation through proper processes. Pointless.
I am just amazed that you can make all this up when there is absolutely nothing in what the OP says to suggest that it is a scam, or that the money has gone to the wrong place. You are just guessing that the OP does not know who the seller is - He actually checked with a reliable third party (the harbour master) who confirmed that the seller did own the boat that was offered for sale.

I am afraid it is you that has imagined things that are just not there. How do you know a fraud has been committed? again nothing in what the OP says suggests a fraud - you and others have just made that up. On the information given it is a simple case of a seller reneging on the deal the buyer thought was agreed and refusing to return the deposit or deliver the boat.

You really need a course in basic contract law and read the link I gave you as to the process for recovering losses in this sort of situation. It is not a "clever" legal route that I made up, but the way the law works.

I can assure you that I have a good understanding of this subject, from my academic training, teaching and consulting over the last 45 years or so.
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In this case, that would involve lying
OP said the vendor stopped responding so it's reasonable to assume that the deposit didn't reach the vendor in this instance. OP did not say the vendor received or acknowledged receipt in any way.
I am just amazed that you can make all this up
Right back at you. Everything you've said has been based on made up information. You clearly don't realise that, but that's between you and your therapist to work out.
As I said, at least my suggestion potentially leads to positive outcomes. Your suggestion is a dead end and will lead to frustration and further costs.
 
Lustyd (and Ylop) I'm following your argument but you are missing a crucial thing. To invoke the process where your bank looks into and moves to freeze (or whatever) a potentially misdirected/lost payment, you must represent to your bank that you believe the payment to have gone missing. In this case, that would involve lying, for pecuniary gain, which someone above will tell you is a criminal offence. If you tell the truth to your bank, which (in these circumstances) is that you think the money went to the right guy but it later turned out that that guy breached a contract or is even a fraudster/criminal and you'd just love to have your money back please, your bank will not get involved. Nor should they because as said above, they did exactly as instructed. See #125 above and plenty of other posts.

And that's exactly how it should be. When we receive money we don't want whoever paid it to change their minds and be free to ask for it back. Otherwise how would any honest folk ever know for sure that clean money in our bank accounts is free from clawback and available to spend? You can't run a country like that.

Sheesh this thread is hard work, even though the situation is so simple (that comment not aimed at Tranona, Ari, Greg2, etc :))
I agree with you an approach in person by the OP to his bank is not going to be met with a return of his £500 which is why he needs plod to ascertain that he has been defrauded of his money and even then I think it unlikely unless his and the recipients bank will work together that he will indeed get his money back via that route. My primary concern is and again I agree that it is to be proven, that if the funds have been misappropriated the seller should be pursued in the criminal courts, if nothing else but to stop a repeat and perhaps expose previous cases of fraud.
 
OP said the vendor stopped responding so it's reasonable to assume that the deposit didn't reach the vendor in this instance. OP did not say the vendor received or acknowledged receipt in any way.
No.

No it really isn't.

If it hadn't reached the vendor, the vendor would have said to his buyer (the OP) 'Sorry mate, but your money never arrived with me and I've now sold the boat to someone else'.

From everything the OP has said (and it's all there in black and white), the vendor got his money and is now avoiding him.
I paid £500 deposit for a boat a few weeks back via bank transfer, he has since started to be avoiding me , I’ve realised he has sold my boat to someone else, he has now blocked me ,

So do I have any claim to the boat , can I get on it and claim possession is 9/10ths of the law ?

What should I do ?

He is NOT saying "I paid the deposit and the vendor never received it". If he had, what you're saying MIGHT have some validity.

I'm not sure why you're finding this so hard to grasp, it really isn't complicated.
 
Banks will categorise into fraud, scams, or purchasing disputes.
Having made a bank transfer, the OP is highly unlikely to get the payment reversed if it's a purchasing dispute.
 
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Banks will categorise into fraud, scams, or purchasing disputes.
Having made a bank transfer, the OP is highly unlikely to get the payment reversed if it's a purchasing dispute.
Unless it can be proven to be fraud and the money is still in the other account.
 
Unless it can be proven to be fraud and the money is still in the other account.
Vendor says "Mr Mashy and i made a verbal agreement that he would pay a non refundable £500 deposit and would pay the balance within 48 hours, or the boat would be sold to the next interested party. The balance was not paid withing 48 hours and i sold the boat to someone else"

Prove that wasn't the case.
 
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Vendor says "Mr Mashy and i made a verbal agreement that he would pay a non refundable £500 deposit and would pay the balance within 48 hours, or the boat would be sold to the next interested party. Th balance was not paid withing 48 hours and i sold the boat to someone else"

Prove that wasn't the case.
That is indeed an issue and it would perhaps hinge on the sellers history and had he a history of similar events and payments. Hence the need for plod. My very first post suggested that he could use a similar defence.
 
That is indeed an issue and it would perhaps hinge on the sellers history and had he a history of similar events and payments. Hence the need for plod. My very first post suggested that he could use a similar defence.
Who are going to say 'civil matter, nothing to do with us'.

Or, at vey best, will acknowledge that a fraud may have taken place but will have neither the time nor the resources to pursue it.
 
Who are going to say 'civil matter, nothing to do with us'.

Or, at vey best, will acknowledge that a fraud may have taken place but will have neither the time nor the resources to pursue it.
Which takes us back to my original point that Plod are not doing the job they are supposed to do for the people they are supposed to be doing it for. Plod and the NHS and allocation / management of resources is long overdue for review.
 
Which takes us back to my original point that Plod are not doing the job they are supposed to do for the people they are supposed to be doing it for. Plod and the NHS and allocation / management of resources is long overdue for review.
My guess is a lot has to do with the high taxation rates, ie the 60% band if you earn £100k-£125k. Which a lot of senior police, doctors etc do. I went part time and gave up doing any overtime at work before I retired because of this. Coupled with the (now abolished) falling pension LTA etc, high earners were being caned.

Trying to get a doctors appointment is near impossible, all the aviation docs I know are retiring and not being replaced (lack of newcomers from the usual RAF pathway etc).

I think the income tax situation and fiscal drag caused by lack of change in the tax bands is causing a lot of professionals to question whether it's worth working at all.
 
He is NOT saying "I paid the deposit and the vendor never received it". If he had, what you're saying MIGHT have some validity.

I'm not sure why you're finding this so hard to grasp, it really isn't complicated.
He didn't say much of anything. I'm not sure why you're all assuming your imaginary information is better. I didn't even say that was the case, I said it's a good way to officially document what IS the case. Either way, if it's a scam, the banks are the ones collecting the information the police will use, so need to be told in order to flag an account. It's idiotic to not get them involved as early as possible. The police don't care unless you have some information, and there's no route to information here without involving the bank.
 
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