Moorings - a good scam!!

[longjohnsilver]

One of my mates bought a mooring at the end of last season and had it serviced by one of the 2 local mooring specialists.

He's been actively looking for a boat over the last few months in the certain knowledge that he'll have somewhere to put it when he finds what he wants, so imagine his surprise when I phoned him a few days ago to tell him that there was a boat on his mooring.

We went down to check it out yesterday to find that a pick up buoy and chain had been attached to the mooring buoy. He managed to trace the owner of the boat who told him that the mooring contractor who had serviced the mooring had rented it to him for £300 till November!!! My mate knew nothing of this, and we have since found out that this has happened to several other people, a nice little earner for the crooked mooring contractor!

I guess that as he's out on the river every day he sees which moorings aren't being used and decided to take advantage by renting them out hoping that the owners wouldn't find out. Now he's been rumbled I would be interested in knowing what the legal position is with regards to boats which have been moored to buoys which aren't theirs, all be it in this case in all innocence having paid a reasonable amount of money to someone they believed had the authority to rent out the mooring.

Also what if my mate had turned up with a boat that he wanted to put on the mooring which is legally his. What would he have legally been able to do with the boat already on the buoy? If I was someone who had paid him money I would now be considering reporting him to the police for fraud.

 

[Joe_Cole]

Is it the same mooring? I've seen cases of people getting the wrong mooring by mistake.

If it is the same mooring it sounds as if the contractor owes your friend £300.

 

[graham]

Sounds like nice work if you can get itInteresting to hear how the contractor talks his way out of this.

 

[Jezlyn]

Put the name of your boat on the mooring buoy. I am thinking of renaming my boat "Back Tonight".

 

[longjohnsilver]

Most definitely his mooring!! The scoundrel has even written the mooring number on the new pick up buoy!

 

[Joe_Cole]

I suspect it over on your side of the river, but it's not in the Powderham part of the river is it? If it is they would be interested to hear what's going on.

Frankly, I'ld be demanding the money from him and backing it up with the Small Claims court if necessary.

Name and shame the rogue.

 

[Lakesailor]

If he accepts the money for the rent of the mooring he's presumably accepting that the mooring is not his to use for at least 4 months and that the contractor has the right to let it on his behalf.
I'd do what's needed to get the bloke off the mooring. At the contractor's expense.

 

[gerry99]

Re: Moorings - a good scam - taking action!!

It sounds like a case of obtaining money by deception which is a criminal offence, so a call to the local Police and the Trading Standards Officer would not go amiss, why spend your money taking action in a small claims court when they will do it for free /forums/images/graemlins/smile.gif. Also try chatting to the Harbour Master or River Authority, it may well be that they will take action too

 

[longjohnsilver]

Not sure, although probably only on our side. It's NOT CanDo, it's another contractor based in Exmouth.

 

[graham]

Re: Moorings - a good scam - taking action!!

Yes the guy is out of order renting out someones mooring ,maybe he keeps his charges down a bit by unconventional business practice.

I think a direct approach with the contractor will be the best.Keep it friendly but firmly insist he gets the boat removed ASAP or if you dont need the mooring come to some arrangement with him over the fees.Perhaps he could pass over most of the rent keeping a percentage as an agent.

Maybe by dealing with the guy rather than threatening him he may give you a good deal in the future.

I would at least try the friendly approach first.

 

[ccscott49]

Re: Moorings - a good scam - taking action!!

Graham,
What do you mean the friendly approach? The mans a crook!!
Do you ask the burglar who steals your TV, nicely, to give it back?
No you call the police it's there job to catch and prosecute thieves!!
Unconventional business practice?? First time I've heard fraud called that!
He may do you a good deal in the future!! Thats aiding and abbetting!!

I dont believe you said this!

 

[chubby]

Re: Moorings - a good scam - taking action!!

I wouldn`t be so dogmatic, yes it is unconventional practice but you all have to live on the river and you don`t know when you may need the services of a mooring contractor again, also if out on the river every day the contractor may keep an eye on your boat and help with any problems: I have reason to be grateful to my local yard for spotting that the boat was low in the water due to a leak mid week!

 

[ccscott49]

Re: Moorings - a good scam - taking action!!

Yes, but did he rent out your mooring without telling you and pocket the money? So what your saying is, it's ok to defraud people as long as they scratch your back?? Thin end of the wedge. Also what your implying is that he may not get service on the river anymore or worse? It's just downright thievery! We have enough dodgy practices and rip offs in the marine industry already, without condoning theft! It's just the same as somebody on the river all the time that only steals from visitors, but keeps an eye on your boat when out there stealing! Glad I'm not down your way mate! IMHO.

 

[LadyInBed]

Re: give you a good deal in the future.

More likely mark you down as a soft touch!

 

[Guest]

IMHO ....

You say bought a mooring .... do you mean 100% freehold etc. - or leased a mooring with Contractors maintenance.

A look at the contract of sale is also advised as it may have a clause in it that does not help you here .... as we all do at times ... we sign / agree to things without reading fully.

But if the mooring is your pals outright .......... a) Call the Harbour Master and advise him you are in contention with your mooring provider, b) call Mooring provider and advise him that you require full use of your mooring immediately and that the other boats presence contravenes your agreement. I would also advise that the number of days occupied will be accounted for and charged to him. Ask for explanation, c) obtain other persons details and advise them in writing that they are occupying a mooring already sold ti you and that you will charge compensation for loss of use for the days he has occupied it, d) advise trading standards of the above and all circumstances .....

I think you will get it back ... may take a few days - but as long as you have a properly signed and dated Mooring agreement .....

OK Finally - I forgot .... be careful to look carefully at the agreement with the mooring contractor - some do say A mooring to be provided .... NOT actually stating the EXACT location .... so you may find that he has allocated your pal a different mooring ..... It happens in Marina sometimes when they re-allocate berths .... there is no right to a particular berth - there is only rights to a berth that marina allocates ....

GO FOR IT ......

 

[graham]

Re: Moorings - a good scam - taking action!!

firstly its neither theft nor fraud.I can virtually guarantee that the police wont be interested.

I still say that the best approach is to contact the contractor first if only to get his side of the story.

im not saying that what he has done is right but at the end of the day Im sure this could be amicably sorted without using a sledge hammer to crack a walnut.

 

[Sybarite]

Re: Moorings - a good scam - taking action!!

I had somebody working on my boat and he picked up the keys in the harbour office. He also picked up the keys to use my boat while I wasn't there and ended up by using it more than I did.

The lawyer's interpretation was that it was indeed theft. One can steal the use of an object as well as the object itself.

I billed a rental fee to the user based on the engine hours. He laughed at me saying that he was unemployed, had no assets and was living and supported by his parents.

I also billed the harbour office for complicity. That's when I chose to keep my boat somewhere else - cheaper, nicer and more friendly. It's an ill wind.... etc.

John

 

[Sybarite]

Is it an outright purchase or is it a lease for a given period? I suspect the latter. If I am absent from my marina place the contract stipulates that the marina can let it on a day by day basis to their advantage. The counterpart is that you fill in a form before you leave which gives you free mooring rights in about another dozen locations. This is an advantage to everyone.

I took my boat out of the water at the end of April to get some work done. Tuesday last week after much telephone blustering, I got the estimate for just one job on the long list of things I wanted dealt with, and this was extortionate.

Where the boat is I can only get it in and out of the water at certain heights of tide. If I don't get it in by Wednesday it will be stuck there until August 19 at the earliest.

Not liking to be put over a barrel, I refused the estimate and am putting the boat back in. I have organised with somebody else to do the main job next weekend.

The point is though that the marina agreed to give me a 10% discount on my annual charge (£970) which will at least cover the cost of craning the boat back in.
They could justify this on the basis that I left my berth clear for a full month at least.

John

 

[Joe_Cole]

Now that I've cooled down on this one!
I think Graham is right. A gently gently approach initially is probably more likely to get this thing resolved. He can always turn up the heat later, but if it can be sorted out amicably it will save a lot of hassle. I know it goes against the grain, and it's difficult to keep your cool in these circumstances, but it's probably the best approach.