Is there anyone living in or near Monmouth ? Re Fairey Atatlanta 2 A55

Re: writ

Know what you mean but I believe in these situations you have to be practical - there is the law, and then there is the law - the guy who stopped the cheque knows the score. This debt could be collected, within the confines of the law, or go on forever going through due process.

Some of the more effective recovery agencies are run by ex-police officers.
 
As far as criminal law is concerned, it isn't theft because the boat was handed to him. The relevant crime is obtaining goods by deception. To prove that you have to show that he never intended to pay for the goods eg. if the cheque was false. If he can show that the cheque was genuine but the account/he ran out of dosh, then it's not a crime. But it might still be a crime if the cheque was genuine but it was obvious that he never intended to/couldn't pay.

Whether or not it's a crime, you have a civil right of action against him to return of the boat/the cash. If he's sold it on and spent the cash then you have a problem, though you can bankrupt him if you want. If there has been a genuine buyer you may even technically be committing theft if you grab it back. Also he may have committed the criminal offence of fraud if you can show ("beyond reasonable doubt") that that's what he intended to do when he bought the boat.
 
Just a couple of quick suggestions.

Maybe have a word with the Fairey Atalanta Owners Club, he probably has not joined the club, but they may be prepared to carry a warning / appeal for anyone who is offered her for sale. (and as they are distinctive vessels, I would also guess that fellow owners tend to spot them and may well know when a new one turns up nearby).

Was she part 1 registered? maybe worth checking to see if she has been re-registered.

As they say possession being 9/10ths of the law I would be tempted to just repo it and let him take action against you, you could alway plead ignorance about any sale your father made.......... and were just taking it home. Leave it up to him to prove he bought it.


Although I can apprecaite you being upset I would not do anything in haste, some things are best dealt with calmly............... and after having thought through the consequences.......... especially if using plan B /forums/images/graemlins/mad.gif.
 
You must log in or register to reply here.

Share this page

Top