Problems with Ancasta

[Sneaky Pete]

Over the past few weeks I have been going through the process of a boat purchase. Deposit paid and boat surveyed. The surveyor was worth his weight in gold flagged up numerous faults with the boat some of a serious structural nature. The outcome is that the boat did not survey well and was rejected.
Now the broker, Ancasta, is refusing to refund my deposit even though the faults within the boat were highlighted to the owner on the day who did not deny them but did not declare them at the outset.
Does anyone know how I contact senior management, by phone, at Ancasta to highlight the problems I am experiencing.

 

[Clancy Moped]

Go at them via social media FB to start Bei Facebook anmelden

 

[Tranona]

Over the past few weeks I have been going through the process of a boat purchase. Deposit paid and boat surveyed. The surveyor was worth his weight in gold flagged up numerous faults with the boat some of a serious structural nature. The outcome is that the boat did not survey well and was rejected.
Now the broker, Ancasta, is refusing to refund my deposit even though the faults within the boat were highlighted to the owner on the day who did not deny them but did not declare them at the outset.
Does anyone know how I contact senior management, by phone, at Ancasta to highlight the problems I am experiencing.

First thing before you go in with all guns is to check the contract and clarify that it allows you to reject on the grounds you are claiming. Not suggesting you don't have grounds, but the best procedure is to write formally citing the clause and your evidence and request the return of your deposit (minus any costs) within 7 days. You don't say why they are refusing, so it perhaps is best to get a formal response from the person handling the sale before escalating.

 

[wonkywinch]

Ancasta are registered with the FCA so they have to be more careful how they handle your money. You may have an avenue via the FCA.

FCA Ancasta

To look up the MD etc, just see Companies House listing:

ANCASTA INTERNATIONAL BOAT SALES LIMITED overview - Find and update company information - GOV.UK

 

[Moonbeam]

Ancasta are registered with the FCA so they have to be more careful how they handle your money. You may have an avenue via the FCA.

FCA Ancasta

To look up the MD etc, just see Companies House listing:

ANCASTA INTERNATIONAL BOAT SALES LIMITED overview - Find and update company information - GOV.UK

That's a nice idea... but I think you will find the FCA would not have the slightest bit of interest in an individuals beef with a company registered with them.

This might all be academic if the OP has now got his deposit back. Would be good to find out.

 

[wonkywinch]

Go at them via social media FB to start Bei Facebook anmelden

That is Ancasta's own FB page. I don't think you can post on it and if you did, they would simply delete it.

Raise complaint, escalate, follow complaints procedure, complain to FCA, issue small claims court summons for not much money.

 

[yoda]

I'm sorry to say you are not the first to have this issue with Ancasta.

 

[Jim@sea]

I once bought a Brand New Princess Power Boat from one of their agents, I had a look at a demonstrator which was in the water at a Marina and they offered that one to me and I refused and said I wanted the next "brand new" one which came out of the factory ,also it had a couple of "extras" such as an expensive swim platform which I did not want.

2 months later in the November they advised me that my new boat had arrived. In the March I went to start the engines ready for its first trip.
The starboard engine would not start. I owned a garage and had an excellent mechanic and he could not get it going.

The boatyard (seller) got it going and it was evident that they had removed the head and replaced it.

Went on its first trip of 60 miles and when we got there a gearbox oil seal had started spewing oil all round the bilges. and Princess had to send a new Gearbox up and fit it.

Now on close inspection I realised that the boat they had sold me was the demonstrator which I had refused. And where the swim platform had been you could just see where they had repaired the holes with filler.and there were documents in the boat which showed it had been made the year before.

It took a good solicitor threatening court action to get my money back.

 

[jfm]

Over the past few weeks I have been going through the process of a boat purchase. Deposit paid and boat surveyed. The surveyor was worth his weight in gold flagged up numerous faults with the boat some of a serious structural nature. The outcome is that the boat did not survey well and was rejected.
Now the broker, Ancasta, is refusing to refund my deposit even though the faults within the boat were highlighted to the owner on the day who did not deny them but did not declare them at the outset.
Does anyone know how I contact senior management, by phone, at Ancasta to highlight the problems I am experiencing.

As to Ancasta's integrity, my brother and I have bought two boats from them in the last year, at a value well into 8 digits, and we have found them excellent.

As to this dispute, there is some mixed up thinking going on in this thread:

1. Everyone is flying blind because we have not seen the contract nor the survey report, but I'll make do on that point.

2. You have a contract to buy a boat from the boat owner, not Ancasta. Ancasta's is agent of the seller so far as the sale/purchase negotiations are concerned, including making representations as to the boat's condition, but Ancasta's only role so far as the deposit is concerned is to act as stakeholder, which is a form of trusteeship. It's worth pausing here and thinking about that carefully, otherwise you'll get into a mess.

3. If you think the boat is substandard and you reject it, and ask for your deposit back, there is no doubt that Ancasta should return your deposit immediately if seller agrees the rejection. But if seller doesn't agree, Ancasta is piggy in the middle and has equal duties to both sides: you're demanding your deposit, while seller is demanding that Ancasta do not return your deposit on the ground the rejection is invalid. As I say, piggy in the middle.

4. In that circumstance it is perfectly reasonable for Ancasta to hesitate. As stakeholder, they should not decide on 2 competing claims to money they hold on trust (which is what a dispute between you and seller amounts to), absent manifest unreasonableness by either you or seller. Report them to FCA or sue them if you wish, but you will lose.

5. Ancasta need one of the following:
(a) seller's agreement that your rejection is valid - then they return your deposit
(b) form a pretty firm view (ie not in the grey zone) that seller is reasonable or unreasonable in disputing the rejection - then they return your deposit if seller is unreasonable
(c) sit with arms folded waiting for you/seller to agree the rejection is valid or not (and in that negotiation between you and seller, Ancasta can be seller's agent so will be wearing 2 hats at same time, and my "arm's folded" comment applies only to their stakeholder role/hat)
(d) wait for the result of any litigation between you/seller about the rejection
(e) get a court to give them a declaration as to whether you or seller are correct, and return the deposit or not based on that declaration.

6. If you now sue Ancasta or report them to FCA, as folks suggested above, your only ground will have to be that they have failed under (b), given that (a) (c), (d), (e) all seem absent/not happening at this point (you don't actually say, so I'm doing a bit of presuming). That pursuit under (b) would be ill-advised and it won't survive the small claims track, so buckle up.

I'm going to stop there bcz without more facts it's not worth saying more. I suggest you stop, think, analyse. My take (with some reading between lines where you have not given all the facts) is that Ancasta are in the right here. Good luck in sorting out the dispute anyway.

 

[jfm]

I once bought a Brand New Princess Power Boat from one of their agents, I had a look at a demonstrator which was in the water at a Marina and they offered that one to me and I refused and said I wanted the next "brand new" one which came out of the factory ,also it had a couple of "extras" such as an expensive swim platform which I did not want.

2 months later in the November they advised me that my new boat had arrived. In the March I went to start the engines ready for its first trip.
The starboard engine would not start. I owned a garage and had an excellent mechanic and he could not get it going.

The boatyard (seller) got it going and it was evident that they had removed the head and replaced it.

Went on its first trip of 60 miles and when we got there a gearbox oil seal had started spewing oil all round the bilges. and Princess had to send a new Gearbox up and fit it.

Now on close inspection I realised that the boat they had sold me was the demonstrator which I had refused. And where the swim platform had been you could just see where they had repaired the holes with filler.and there were documents in the boat which showed it had been made the year before.

It took a good solicitor threatening court action to get my money back.

That story is a bit weird imho.

 

[jfm]

I'm sorry to say you are not the first to have this issue with Ancasta.

Why sorry? I'd suggest the opposite - be happy.

Given the very large number of boat sale transactions, you would expect statistically there to be plenty of invalid rejections made by buyers. You would then expect each big broker to have plenty of such cases, and if acting correctly to refuse to return plenty of deposits. If that weren't the case, something would be wrong.

Broker owes equal duty to buyer and seller on this point.

If I were a seller and the buyer rejected my boat without good grounds, I would be on the broker's case to hold onto the deposit, and a good broker would withhold the deposit.

 

[RunAgroundHard]

... I have bought two boats from them in the last year, at a value well into 8 digits, and we have found them excellent.

I bet they were at eight digit sales.