Gazzumped!

[longjohnsilver]

Substitute

Sorry Claymore old chap, not playing the game as well as you could, we're pulling you off and bringing on the Hon F Taylor, we expect him tp play a blinder.

What you don't like it! Well we'll just have to sell, or rather give you back to good old scuttlebum.

 

[longjohnsilver]

Cardie

Pauline just knit the poor bloke a nice boaty cardie to make him feel better!

 

[DepSol]

Re: error in line 1 above

No but there is an arms dealer in Portsmouth area who does disposable mini rocket launchers for about £47.

 

[david_e]

Re: dont get angry get even

The size of the fee, large or small, is relative to the individual. It is probably £300 or so. In his post the question he asks is about getting it back, so it must be important to him. The general conscensus is that the case is weak, but if you add up the train of events Boat for Sale, Verbal contract, Surveyor instructed, viewing arranged, address to be confirmed, boat sold underneath him, I feel his case would stack up in court and it is worth pursuing, the judge bods will apply the law or as they interpret it. Should first point all this out in a letter. The other bod will know all this and will weigh up the pro's & con's and more than likely cough up, imho.

 

[claymore]

Re: Substitute

Pulling me off - all we got at Heriots was oranges!

 

[claymore]

Just a thought.

Find out who is doing the survey for the purchaser - bung him plenty to write a dreadful survey so new man doesn't buy - then haggle with owner down to suitable amount , buy boat then have amazing thread contributors party on new boat spending on drink the amount you have saved. I particularly like the Jura.
regards
js

 

[jfm]

Re: survey fee is small compared to solcr bill

Agreed. But what I meant was the survey fee is small compared to the legal fees he will actually incur in fighting, unless diy. Even if you win in the small claims court, the max legal fees you can recover from the loser is £70. So you end up paying your own legal fees, and therefore not worth if for a small amount of £££ survey fee imho

 

[jfm]

Re: error in line 1 above

Agree, you gotta get name of gazumper buyer, else doesn't work. I didn't elaborate on that bit becuz I dont know how to get that info, depends etc etc. But if you can get that info, the cruise missile will work imho. The only purpose of the letter is to scare a mr average buyer into thinking he will lose £££ if he buys this boat. It basically puts a curse on the boat. Mr Average will not proceed if he gets a solicitors letter saying that his ownership of the boat will then be subject to a legal battle etc etc, he will walk away.

Could even raise the stakes a bit. No idea how big this boat is, but could send a second cruise missile to the proposed mortgage lender, they will not lend if there's a title dispute in the offing.

Agree this is all a bit heavy handed for a surveyors fee, sorry if getting carried away, just depends how bad the other guy's behaviour is, and also which triad he is a member of, and is cngarrod ex-directory, and will he take a different route to work each day, and leave at a different time each morning, eek.

 

[david_e]

Alternative recovery methods

Absolutely. Small claims no longer in existence, in any consumer case like this it is all about principles and that is why it should be pursued sans solicitor if at all, more a case of scaring them. As my friends in the debt recovery business say "When principles come out, lawyers get rich". The practical alternative to the courts they would use is; A man with a Rotweiller and a Baseball bat.

 

[cngarrod]

Re: dont get angry get even

Your assessment is fairly accurate... the survey was £260... and yes it is important.. mainly cos it is wasted funds... and i will have to bung out another £2-300 for another boat survey etc.. only this time we will agree terms and contract it to each other!

I guess i am more peed off with the principle of it than anything else.. i suppose being a Sales manager i shouldn't have principles... but i does and i promote them into my team.. but next time... i think it might be different!

Cheers,

Craig.

 

[david_e]

Re: dont get angry get even

The easiest people to sell things to are Sales People, that includes Managers!

Have you asked him for the survey fee back or not? Wouldn't fall for the redundancy thing straight away, also I recommend you join the RYA, their legal people are very helpful and will guide you through the process. There are also lots of other benefits on offer from them, about £27 p.a.

 

[cngarrod]

Re: dont get angry get even

very true!

 

[tcm]

Re: no problem!!!!

oooh no, for the monster cruise missiles @900/hr whilst in flight, very reasonable, and not in the least too heavy. Perhaps just mailshoot them to the general region, bound to hit the right one eventually...

 

[coliholic]

Re: Gazzumped the case for the defence

A friend of mine put in an offer for a RLM I think, quite a bit lower than the asking price without having a survey and he had no intention of having one done.

After a day or so he rang the broker to find out if his offer had been accepted. The broker told him that someone else was interested and they were going to have a survey done at 2:30 the following afternoon. So friend informed the broker that his offer was final but he would withdraw it at close of business that day. After some heated argument where broker tried to insist that "that's not the way they conduct business" and initially refused to pass "threat" to vendor, he eventually reluctantly agreed to pass comments to vendor who ultimately, after much humming and hawing accepted friends offer.

Following afternoon friend waited at the boatyard with cash to buy boat but sort of hidden "just in case". Sure enough at 2:30 surveyor turned up. Friend informed broker that price had now dropped by £250 due to "bad faith" shown by broker and if surveyor set one foot on boat the deal was off. Broker caved in called vendor explained situation and friend could here the sparks flying as the vendor ripped the broker a new ar***ole. Upshot was vendor accepted £250 less than the day before.

Friend happy, vendor probably not ecstatic, broker furious and presumably other potential buyer mightily pissed off, 'cos no doubt he had to pay the surveyor something for his time.

Nice to get one over a broker though.

 

[david_e]

Re: Gazzumped the case for the defence

Interesting tale Darren, your mate is obviously an adept negotiator, using time to it's maximum advantage. Wonder how he would have got on with a firmer vendor and a more astute broker?