Sos - aussies in need of assistance

[sarriba]

Thankyou

Sarriba, can I suggest making a post on Scuttlebutt or the PBO forum. There's a couple of Aussies on there I believe how may be more helpful on the Australian law aspects.

Thanks mate, will do today

 

[penfold]

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.

I sympathise with your predicament but marine law in this area is drafted so creditors can act quickly to arrest a vessel with a debt against it to stop it departing before the lawyers and judges do their thing; sort of 'arrest and ask questions later'. As vessels are easily moved if the law said otherwise no-one would ever lend against ships and commerce would suffer. I believe that when the actual judgement is made it will take into account all presented evidence, and you will be able to go on your way.

Have you been to see the rock apes yet? Keep a good hold on your belongings if you do, they're all thieves!

 

[Sandyman]

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.

May have missed something but: Are you able to prove beyond doubt that it was YOUR money that was in her account ? Some may then ask why was your money (large sum) in her account at all ?

 

[sarriba]

How very wrong you are mate

+1

Very succinctly put

Sorry mate but you are 100% incorrecft in everything you have said. We have all the evidence to show we are owners of the boat. Including payment. We have all the evidence that YOU TOO WOULD HAVE for your boat. The a disgruntled mentally unwell person decides to make your life hell just because she feels like it and she has the money to do it.

We have nothing to hide and we are welcoming our day in court. But this wont stop her from persuing us and she will keep persuing us as all stalkers do.

Put yourself in our situation. You have a boat. You paid for it. A person decides to put a warrant on your boat saying they own it. Okay you prove that she doesnt? Go to court is the only way you can get your yacht out of an arrest. Whether you are wrong or right you get dragged through the court system. Think about it because we have found it can happen to anyone even "ORDINARY BLOODY AUSTRALIANS"!

WILL KEEP YOU POSTED

 

[sarriba]

Not a visitor

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.

We werent visiting Malta we were living there. I am a Tuna Fisherman and had been living in malta for 5 years. Which turned out to be 5 years too long!

 

[sarriba]

We are still here...

Aparrently I need to post on here daily so that I can be classed as a real person and not a TROLL?

Enough time wasted on that!

Update for the people who arent so synical...

We obviously have to have a little discretion about what we say as we dont know if she is reading this....

We have had 2 more meetings with our lawyer... getting everything in order. She still hasnt put in her particulars of claim, which doesnt surprise us at all.
She has 75 days to put this in and 15 days have passed...because we know her MO we are expecting her not to file this until the day before she has to.

We are still going around in circles, reading cases but there does not seem to be one case that is even similar to ours.

It appears that anyone can put an arrest on a boat. Just make something up and prove it later appears to be the jist of things. When the arrest is made there are no details on the claim, just that she wants the boat!
Great...our whole life is put on hold becuase of her? How is this system fair?
I could go to the court here and say I own the super yacht parked two berths away and successfully put an arrest on it. Not allow the yacht to go anywhere for 75 days? Then walk away. The bond appears to be some sort of promise of money not cash.
It is so frustrating and rediculous.....
My darling husband is so stressed he has caught the flu and is not sleeping at all. And when he does sleep I stay awake on watch because we dont know what she is up to and she knows where we are. Everyone that walks past us we are suspicious of especially if they have a camera...what a great way for us to live?

Oh and by the way, we had a visit from the Water Police this morning who slowly motored past us twice? Why? Has she been making MORE false statements about us?

Yes we have told the police everything and even so far as to telling our lawyer if anything happens to us that he has the whole situation documented.

What's next?... dare I ask?

 

[sarriba]

PROOF

May have missed something but: Are you able to prove beyond doubt that it was YOUR money that was in her account ? Some may then ask why was your money (large sum) in her account at all ?

Taking into account that she might read this...yes we have 100% proof of ownership, which takes into account all areas of how we became owners. Hope that helps?....

 

[Reverend Ludd]

...We obviously have to have a little discretion about what we say as we dont know if she is reading this...

When you guys first came on the forum and this thread started I told you that anyone can read your posts if they search for the word sarriba.
I suggested then that you would need to ask this boards admin to change your user name or take the chance it can be read.

This is the internet and it's all public !!

 

[Sandyman]

Taking into account that she might read this...yes we have 100% proof of ownership, which takes into account all areas of how we became owners. Hope that helps?....

Ok thats good. Was just exploring avenues she may go down to stake her claim.

Clearly you are frustrated & angry at being treated like this. Who wouldn't be ?
But im afraid your just going to have to accept it. Like it or lump it there seems little you can do. (within the law) So looks like your just going to have to sit it out & wait for the wheels of justice to start turning. Frustrating as that may be.

You have stated on a number of occasions this woman has mental health problems.
Has she ever been sectioned or received mental health treatment ? Can you prove it if she has ? Is there a possibility a magistrate might null & void her claim on the grounds of her state of mental health and her stalking you ? Just a thought.

 

[sarriba]

Yes you did thankyou very much and then I wrote back and let you know that our yacht is not called Sarriba?

 

[jimbaerselman]

Taking into account that she might read this...yes we have 100% proof of ownership, which takes into account all areas of how we became owners. Hope that helps?....

At a very early stage in this thread, I believe you said that the money which paid for the boat came out of her account. By itself, that could be sufficient for her to claim ownership or part ownership by claiming the bill of sale was invalid, in that it did not reflect the true transaction. This, in turn, may make the registration documents invalid (since they are usually prepared from the bill of sale).

As I said in an earlier post, if you can demonstrate that she owed you this purchase money, that could be a defence. Proof that she owed you the money would be to show that substantial sums of money had been transferred to her account by you beforehand, and the transfers were not gifts.

If this was all arranged through verbal agreements (no emails, letters or notes), and over a long period of time, this may be difficult. Her word against yours. You'd then be in the very messy business of challenging her story, which may claim that you had a long term mutual commitment, which included joint purchase of this vessel.

I don't know the facts of course, but I'm just pointing out one possible approach an "ex" (if she was, or if she thought she was) may take. Obviously, you'll find out more when you see the details of her claim.

 

[NornaBiron]

A quick update for those that are interested.

The claimant has 75 days from the point at which she had the boat arrested to make her claim and this time is now drawing close. The claim has not yet been filed so the OP is still in the same position as when they first started this thread.

Hopefully some resolution will soon be made and they can move on with their lives.

I'll update with the outcome as soon as it is reached.

 

[Sandyman]

A quick update for those that are interested.

The claimant has 75 days from the point at which she had the boat arrested to make her claim and this time is now drawing close. The claim has not yet been filed so the OP is still in the same position as when they first started this thread.

Hopefully some resolution will soon be made and they can move on with their lives.

I'll update with the outcome as soon as it is reached.

Yes please do. Will be interesting to hear the outcome.

 

[chinita]

A quick update for those that are interested.

The claimant has 75 days from the point at which she had the boat arrested to make her claim and this time is now drawing close. The claim has not yet been filed so the OP is still in the same position as when they first started this thread.

Hopefully some resolution will soon be made and they can move on with their lives.

I'll update with the outcome as soon as it is reached.

Thanks for that. Good luck to them.

 

[Sandyman]

Thanks for that. Good luck to them.

Hope they have enjoyed their unintended and extended stay in Gib.

 

[Bobobolinsky]

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.

Check out Lenseman's post, the PDF. The fact that the solicitor had to put up a guarantee for £10000 against the costs of arrest, means that his ex is seriously minted. Lets face it a solicitor is not going to put up the guarantee without the money in a client account.

 

[Talbot]

I wonder what the law will do if the claim is not put forward within the time period. This has caused enormous angst and worry, plus loss of use, etc. A counterclaim must be the way forward if the claim lapses due to time

 

[Blue5]

I wonder what the law will do if the claim is not put forward within the time period. This has caused enormous angst and worry, plus loss of use, etc. A counterclaim must be the way forward if the claim lapses due to time

But won't that delay their departure even more

 

[Sandyman]

I wonder what the law will do if the claim is not put forward within the time period. This has caused enormous angst and worry, plus loss of use, etc. A counterclaim must be the way forward if the claim lapses due to time

Could that be the reason why a large sum, was it 10K ? has to be deposited along with the claim ?

 

[NornaBiron]

Could that be the reason why a large sum, was it 10K ? has to be deposited along with the claim ?

£20000 deposit I think.