beneteau_305_553
New member
I put my yacht up for sale with these Brokers in July 2002 as they offered 6 months free storage at Titchmarsh Marina.
Westwater eventually found a potential buyer but the sale fell through as they wanted me to drop the price a further £3000 after the surveys had been completed and the sale verbally agreed. This was 6 weeks after the end of the six months free period. I then changed my mind and decided to keep the yacht.
Westwater then told me that as the boat was being withdrawn from sale I had to pay over £1000 storage charges. The contract for the free storage stated that storage charges were only due if the boat was withdrawn from sale, unsold, during the 6 month free period. I disputed the charge but was told that I had to pay and Titchmarsh Marina would not launch the boat till I had paid in full! (Both companies are I believe owned by Chris Titchmarsh)
I started a claim in the Norwich County Court against Titchmarsh Marina to get the boat launched. They finally admitted they were wrong and eventually launched the boat. They continued to issue invoices for storage for the period that they refused to launch the boat and I took them to court again to get them to stop issuing these demands. The court told Titchmarsh to stop this action and to stop wasting the courts time. At both these hearings Titchmarsh was represented by their solicitors and a barrister. I represented myself.
Following this judgement, on the same day, Westwater instructed their solicitors to start a claim against me for the original disputed storage charges! This was contested at Norwich County Court again. At the hearing the Judge agreed with me that the storage was free and the case was dismissed.
If anyone knows of anybody who is using Westwater Yacht Sales I would be happy to hear from them, perhaps I can help them from being incorrectly charged for storage. I would also like to hear from anybody who has actually paid storage for the "free period" as this judgement means that they could get their money returned, and possible compensation.
Westwater Yacht Sales have issued many invoices, statements and letters demanding payment for this free storage, threatened my family and me, in writing, twice with debt collectors and have contacted committee members of my yacht club accusing me not paying mooring fees and they also contacted the local Volvo dealers telling them that I do not pay my debts!
The time and cost involved in contesting this storage invoice has been significant and I think most people wouldn't have taken them on, as Westwater and Titchmarsh marina are not short of financial resources.
Westwater and Titchmarsh are not members of any brokers or marina association although they use a photocopy of an old version of the association of yacht brokers sellers and buyers contracts. If they were I could have asked the association to arbitrate.
Brokers and Marinas should not get away with service like this.
Send a pm
<hr width=100% size=1>Richard<P ID="edit"><FONT SIZE=-1>Edited by beneteau_305_553 on 24/09/2004 21:27 (server time).</FONT></P>
Westwater eventually found a potential buyer but the sale fell through as they wanted me to drop the price a further £3000 after the surveys had been completed and the sale verbally agreed. This was 6 weeks after the end of the six months free period. I then changed my mind and decided to keep the yacht.
Westwater then told me that as the boat was being withdrawn from sale I had to pay over £1000 storage charges. The contract for the free storage stated that storage charges were only due if the boat was withdrawn from sale, unsold, during the 6 month free period. I disputed the charge but was told that I had to pay and Titchmarsh Marina would not launch the boat till I had paid in full! (Both companies are I believe owned by Chris Titchmarsh)
I started a claim in the Norwich County Court against Titchmarsh Marina to get the boat launched. They finally admitted they were wrong and eventually launched the boat. They continued to issue invoices for storage for the period that they refused to launch the boat and I took them to court again to get them to stop issuing these demands. The court told Titchmarsh to stop this action and to stop wasting the courts time. At both these hearings Titchmarsh was represented by their solicitors and a barrister. I represented myself.
Following this judgement, on the same day, Westwater instructed their solicitors to start a claim against me for the original disputed storage charges! This was contested at Norwich County Court again. At the hearing the Judge agreed with me that the storage was free and the case was dismissed.
If anyone knows of anybody who is using Westwater Yacht Sales I would be happy to hear from them, perhaps I can help them from being incorrectly charged for storage. I would also like to hear from anybody who has actually paid storage for the "free period" as this judgement means that they could get their money returned, and possible compensation.
Westwater Yacht Sales have issued many invoices, statements and letters demanding payment for this free storage, threatened my family and me, in writing, twice with debt collectors and have contacted committee members of my yacht club accusing me not paying mooring fees and they also contacted the local Volvo dealers telling them that I do not pay my debts!
The time and cost involved in contesting this storage invoice has been significant and I think most people wouldn't have taken them on, as Westwater and Titchmarsh marina are not short of financial resources.
Westwater and Titchmarsh are not members of any brokers or marina association although they use a photocopy of an old version of the association of yacht brokers sellers and buyers contracts. If they were I could have asked the association to arbitrate.
Brokers and Marinas should not get away with service like this.
Send a pm
<hr width=100% size=1>Richard<P ID="edit"><FONT SIZE=-1>Edited by beneteau_305_553 on 24/09/2004 21:27 (server time).</FONT></P>
