Sos - aussies in need of assistance

[Tranona]

This is definitely not a troll, what more information from the OP do you need? If you read through the whole post you will find that there are many details mentioned.

Although the OP has written a lot, there is little that would enable anybody to make any assessment of the rights and wrongs, let alone suggest any solution.

"Ordinary" Australians living blameless lives don't end up in court in Gibraltar defending themselves against claims made by another (presumably) Australian. From the little that the OP has told us the issues revolve around money, failed personal relationships, and a trail halfway round the world over several years - not an everyday story of simple folk?

I am never sure what people like this hope to get out of posting on a forum such as this, other than perhaps as in this case specific advice as to expert sources of help. The only useful advice otherwise is that if you cannot resolve the problem yourself, seek expert advice. This is particularly important if it has got to the stage of a court case, because if you are not active in dealing with it the court will make a decision based on the evidence it has available to it which may not be in your best interest.

However, if the people involved have not been able to resolve their differences over several years, it is unlikely that complete strangers who are only told snippets from one side will be able to make any meaningful contribution.

You, of course are in a slightly different position as you know one side personally, so perhaps the best advice you can give them is to recognise that they can't change the past and if they want a trouble free future they have to deal with the present. Trying to get sympathy from strangers is a diversion from the real problem.

 

[lenseman]

Although the OP has written a lot, there is little that would enable anybody to make any assessment of the rights and wrongs, let alone suggest any solution.

"Ordinary" Australians living blameless lives don't end up in court in Gibraltar defending themselves against claims made by another (presumably) Australian. From the little that the OP has told us the issues revolve around money, failed personal relationships, and a trail halfway round the world over several years - not an everyday story of simple folk?

I am never sure what people like this hope to get out of posting on a forum such as this, other than perhaps as in this case specific advice as to expert sources of help. The only useful advice otherwise is that if you cannot resolve the problem yourself, seek expert advice. This is particularly important if it has got to the stage of a court case, because if you are not active in dealing with it the court will make a decision based on the evidence it has available to it which may not be in your best interest.

However, if the people involved have not been able to resolve their differences over several years, it is unlikely that complete strangers who are only told snippets from one side will be able to make any meaningful contribution.

You, of course are in a slightly different position as you know one side personally, so perhaps the best advice you can give them is to recognise that they can't change the past and if they want a trouble free future they have to deal with the present. Trying to get sympathy from strangers is a diversion from the real problem.

+1

Very succinctly put

 

[MrB]

So what happened in the end?

 

[colingr]

Like so many of these threads, lots of activity then nothing.

So, a troll that has got bored

or

A genuine case that got resolved and the OP can't be bothered to let us know the outcome.

We may never know.

OP not been on since the 16th.

 

[jimbaerselman]

I don't know about Gibraltar, but a typical court case cycle would be 14 days to prepare and file a defence, and if that defence appears to have some merit, then a further hearing would be scheduled after responses had been received some 14 days later. That puts a hearing around Christmas day, a rather unlikely event.

Be patient.

 

[SailorBill]

Like so many of these threads, lots of activity then nothing.

So, a troll that has got bored

or

A genuine case that got resolved and the OP can't be bothered to let us know the outcome.

We may never know.

OP not been on since the 16th.

Hmm, frustrating to not hear anything more. Hopefully the op will tell all in due course.

 

[NornaBiron]

I don't know about Gibraltar, but a typical court case cycle would be 14 days to prepare and file a defence, and if that defence appears to have some merit, then a further hearing would be scheduled after responses had been received some 14 days later. That puts a hearing around Christmas day, a rather unlikely event.

Be patient.

+1

 

[Reverend Ludd]

Hmm, frustrating to not hear anything more. Hopefully the op will tell all in due course.

After the way they were treated I would say, don't hold your breath.
I wouldn't come back for sure.

 

[AndersG]

After the way they were treated I would say, don't hold your breath.
I wouldn't come back for sure.

+1

 

[chinita]

Actually, comments have been pretty evenly balanced with more than a few trying to come up with practical help or possible sources of obtaining practical help. No easy task given the complexity of the situation.

I fear that disappearing off the radar only gives succour to those who raised a cynical eyebrow.

 

[Reverend Ludd]

Actually, comments have been pretty evenly balanced with more than a few trying to come up with practical help or possible sources of obtaining practical help. No easy task given the complexity of the situation.

I fear that disappearing off the radar only gives succour to those who raised a cynical eyebrow.

Your right 50/50 I'd say.
So 50% of the posts were helpful - Good

50% were not pleasant at all - Shame on the forum eh.

Not coming back is not necessarily the sign of a troll, it might just be someone who is fed up.

 

[Plomong]

Not coming back is not necessarily the sign of a troll, it might just be someone who is fed up.

Or, being involved in what must be a right mess, has other priorities.

Plomong

 

[Reverend Ludd]

Or, being involved in what must be a right mess, has other priorities.

Plomong

True

 

[penfold]

Not helpful, but hindsight suggests that visiting her home turf and staying there for an extended period wasn't very smart given how nutty you believe her to be; Malta's a sufficiently small place that she would learn about you being there even if she wasn't looking.

 

[NornaBiron]

Not helpful, but hindsight suggests that visiting her home turf and staying there for an extended period wasn't very smart given how nutty you believe her to be; Malta's a sufficiently small place that she would learn about you being there even if she wasn't looking.

?

think you need to read it all again!

The OP is currently very busy trying to sort everything out. Hopefully they'll still be able to enjoy a bit of Christmas cheer and the problems will be sorted out soon. I will check with the OP and if they give their permission I will update the forum with the resolution, if they don't want to come and do it themselves.

 

[SailorBill]

?

think you need to read it all again!

The OP is currently very busy trying to sort everything out. Hopefully they'll still be able to enjoy a bit of Christmas cheer and the problems will be sorted out soon. I will check with the OP and if they give their permission I will update the forum with the resolution, if they don't want to come and do it themselves.

Thank you. Please send them my best wishes for Christmas. Let's hope it's a safe one for them.

 

[NornaBiron]

I've spoken to the OP today and they have been told that the complainant has 75 days to make her case. So don't expect any updates for another couple of months. It seems that the legal system in Gibraltar is just as slow as everywhere else.

 

[penfold]

?

think you need to read it all again!

The OP stated that the ex is from Malta and implied that the bulk of the altercations happened there while one of them was engaged in seasonal work. If you know the bear is grizzly it's advisable not to go in the cave.

I hope a equitable and durable solution can be found.

 

[sarriba]

Exactly our point!

What concerns me is that the evidence presented to the Court in Gib must have been absolutely compelling in order for the Gib authorities to act as they did.

Otherwise any Tom Dick or Harriet could go around having their ex-lovers boats impounded.

Accordidng to the documents we have read about arresting a boat, all you have to present is a good story to claim and 20,000 pound and you get a warrant. She didnt have to produce any evidence of any kind. That is what is so unfair, our whole life has been put on hold until we get dragged to court to prove we are the owners. Whether she has a claim or not.

 

[sarriba]

Wrong again

Forgive me if I make a purely speculative analysis of what's gone on. I don't have the facts, other than what's been posted, so this may be rubbish. Hopefully, though, it may be helpful.

Noting the edit you've made to your first post, the claim the third party (Her, She) is making comes under:



The bill of sale, and the ship's registration, both show sole ownership lies with Captian (sic!).

Her claim is that money for the transaction came from Her account, and Captian agrees this is true. So Her claim is that the bill of sale is not valid, or was fraudulent, or was created without Her participation or knowledge, and did not reflect her ownership share. If that claim succeeds, the ship's registration of ownership is irrelevant, since it is based on (She claims) a fraudulent bill of sale.

A possible defence would have to show that she owed the purchase funds to Captian, and he accepted (either the funds, or the boat) as repayment of that debt. So Captian would have to prove the purchase funds (or some greater amount) were transferred from his account into Her account, thus creating the debt.

If the debt was less than the purchase money, an explanation would be needed, and without an explanation, it's possible that a part share claim may succeed.

Pure speculation now:

It appears that there was some form of joint purchase plan between Her and Captian at the time of the transaction - presumably verbal - for otherwise Captian would not have had access to Her money or her account. It also appears that She had some expectations of participating in use of the boat. She has probably referred to verbal agreements (if not written) in her claims to the arresting authority.

She appears not to be short of funds, since quite a big deposit (many thousands of pounds) is usually needed to pre-fund an arrest and the subsequent court activity. This is usually recoverable from the boat operator/owner/part owner if the court agrees her claim.

Readers should, of course, ignore all of the above and rely solely on professional advice given by maritime lawyers experienced in this field who also have access to all the facts of the case. And if the case isn't watertight, don't dismiss the idea of a settlement. A settlement, however wrong it feels, is usually much cheaper than paying court costs.

The money that paid for the boat is my money which was in her account. She was present at all times during the transactions therefore she cannot plead ingnorance.