what would you have done ??

[clyst]

I ordered a new cockpit enclosure from Pure Canvas in Plymouth and was requested to pay 50% up front which I duly did . The enclosure was duly finished and fitted ......but I was not happy because it leaked like the proverbial sieve and requested that the problem be rectified before final payment was made . This appeared unacceptable to Pure Canvas as without reference to to me and knowing that my wife was seriously ill in hospital ,he trespassed on my boat whilst ashore at Yachthaven and removed the enclosure leaving my complete cockpit open ,exposing my near new fitted cockpit cushions and radar display ,tools etc not only to the elements but also to theft . What would your follow up action be ?

 

[Thistle]

Have they taken it away to rectify the faults?

 

[CCJ]

They should have kept you informed of any actions proposed
did you pay deposit by CC

 

[clyst]

Have they taken it away to rectify the faults?

No ........he subsequently informed me he can do what he likes with it as he considered it his property till final payment . It was purely a spiteful act, he was not concerned that he had left my upholstery instruments and tool exposed .

 

[Appledore]

Sorry to hear this Terry, and hope your wife recovers very soon.

I'm not sure just what you can do about this except naming and shaming as you have done. Hope you do get it sorted to your satisfaction soon.

Geoff

 

[Wansworth]

Does not make any sense the canvas man should be making sure the customer is happy as I imagine word of mouth reputation is critical in his business and ther seems to be a basic fault...leaking cover

 

[Appledore]

No ........he subsequently informed me he can do what he likes with it as he considered it his property till final payment . It was purely a spiteful act, he was not concerned that he had left my upholstery instruments and tool exposed .

I might be tempted to threaten him with the Small Claims Court as the item was not up to the standard required and you want your money back.

 

[bbg]

I might be tempted to threaten him with the Small Claims Court as the item was not up to the standard required and you want your money back.

If the OP is going to threaten that, he might also consider threatening to seek compensation for any damage that might have been caused to electronics / seat cushions etc.

And then be prepared to follow through by actually going to SCC.

 

[steveeasy]

Its should be simple but. He has taken back his cover. so you are entitled to your deposit back then. 14 days notice to return deposit. no rational response from him then further letter giving him 7 days to return your money or you will sue him. then don't hesitate, fill in an N1 and sue him.

Was he entitled to his cover yes. was he entitled to trespass on your boat, probably not. was his actions reasonable leaving your items exposed, no, but why leave your cushions and tools in it if it leaked badly. ?. you will have to answer that question and its a big one.

why leave your stuff in there if it leaked badly. ??

Steveeasy

edit,
sorry not trying to be difficult but its not black or white. A lot may depend on the dialog following you raising your issues. you obviously asked him to repair it. what actually was his response. If he acted like an idiot and simply took back the cover without your permission he wont have much of a defence.

 

[Uricanejack]

I'm not a lawyer. Not even from the UK.

My thought a contract exists or existed not sure. with a dispute over payment and work quality. Which is probably not unusual in the English court system. I think the courts have some very specific rules about the action you need to take to get paid.
Put a lean on the vessel for the amount owed. Was I thought the traditional route. Small claims might be a better idea. I ether case isn't it supposed to be a bailiff with a court order who goes and swipes it back.

Call the cops, tell them some bugger swiped your cover. Its possible it might have been the cover maker you have a dispute with. The Police may or may not give a rats ass or do anything. But they probably will give you a case #.

Once you get a case # call your insurance and tell them some bugger swiped your cover.

At least you might get some cover for your damaged gear and the value you had put in to your lost cover.

 

[john_morris_uk]

Its should be simple but. He has taken back his cover. so you are entitled to your deposit back then. 14 days notice to return deposit. no rational response from him then further letter giving him 7 days to return your money or you will sue him. then don't hesitate, fill in an N1 and sue him.

Was he entitled to his cover yes. was he entitled to trespass on your boat, probably not. was his actions reasonable leaving your items exposed, no, but why leave your cushions and tools in it if it leaked badly. ?. you will have to answer that question and its a big one.

why leave your stuff in there if it leaked badly. ??

Steveeasy

edit,
sorry not trying to be difficult but its not black or white. A lot may depend on the dialog following you raising your issues. you obviously asked him to repair it. what actually was his response. If he acted like an idiot and simply took back the cover without your permission he wont have much of a defence.

Exactly my thoughts.

If it leaked as badly as you suggest, what were the cockpit cushions and tools doing there?

I believe the cover does remain his property until you pay. You can write in clauses in contracts for 10% or similar to be withheld pending fault rectification but that has to be writte in and agreed as far as I understand things.

I suspect the trespass allegation is a waste of time and a none runner.

I’m not a lawyer so don’t quote me on legal advice.

 

[clyst]

Reference the question ......Why was the cushions ,equipment and tools left in the cockpit ....The leaks were not in the area that would affect them . It was not my intention to leave them in the cockpit long term with the enclosure in the condition it was and would have been stowed away if my wife hadn't been unexpectly admitted into hospital .
My main "beef" about this experience is the manner in which Pure Canvas removed the cover when at no time did I refuse to pay but would only make the final payment when satisfied that the cover was fit for purpose .

 

[savageseadog]

I think the OP will find the cover is the suppliers property until fully paid for. However, if it's not merchantable quality the OP is is entitled to the money he has paid so far. One of the biggest issues will be defining what the extent of the non performance there is. There's no cover made which will guarantee zero ingress of water so how much leakage is acceptable. I don't know anything about the OP or manufacturer but the supplier might have acted unreasonably in removing the cover without notice but how reasonable was the OP? The problem with boats is they can "disappear". I've known this to happen with a few boats with cushions, sails, engines etc on board.

 

[RichardS]

As others have said, you will get your money back through Small Claims / Credit Card and any actual damage to the boat or its contents through small claims.

Forget about the "trespass" angle, except that his behaviour is proof of a total breakdown in trust between you and the vendor so there is no need to worry about any pre-SCC conciliation.

If it were me, I would phone him up and say that if the cover is delivered back in a non-leaking condition with no extra charges i.e. you get it for what you have already paid, then you will not go to SCC ...... otherwise your actions will be irrevocable. If he tries to negotiate you have already won. If he refuses to negotiate then you'll see him in Court.

Richard

 

[dom]

Hi Clyst, sorry to hear about your wife and hope she gets well soon. Re your cover:

1. Are you sure it was the Cover Company (CC) who removed it? Unlikely as it seems, there is the possibility of theft by a third party. If it was them, it can still be illegal to remove in-dispute material by a supplier once it is incorporated into the fabric of a vessel. Not sure where this would lie on that spectrum. Did they damage anything, other than tools? Make notes + take photos. I would recommend you inform the police as soon as possible.

2. Have you got a contract with the CC, oral agreements do stand in law, but anything written is better? Collect together everything you have in the form of written communications and make notes of anything oral.

3. I'm not a lawyer, but The Consumer Rights Act 2015 requires that work be completed with reasonable care and skill. It must also be completed within a reasonable time, unless a specific date has been agreed either orally or in writing. Materials must be of satisfactory quality and fit for purpose and the goods must be as described and contain all of the features promised/contracted.

4. Do not get angry and in no circumstances threaten the supplier. Do not make sarcastic comments and see if you can resolve this in an open, practical and friendly way. Courts always seem to favour people who go this route, especially the Small Claims Court.

5. Be careful making accusations on here about the CC until you have more facts.

6. Are you a member of the RYA as they have a legal support service?

7. It might also be worth informing your insurance company if this gets messy.

Hope you can resolve this and it would be nice to hear a comment from a fully paid up legal eagle. They can't all be moboers!

 

[RichardS]

Hope you can resolve this and it would be nice to hear a comment from a fully paid up legal eagle. They can't all be moboers!

Errrrrr .... I'm not a moboer and I won £30k last week and was up against a Senior Partner in one of the world's top international law firms .... you would all know the name! :encouragement:

Richard

 

[dom]

Errrrrr .... I'm not a moboer and I won £30k last week and was up against a Senior Partner in one of the world's top international law firms .... you would all know the name! :encouragement:

Richard

But for all we know you may have just settled the Macondo Prospect oil spill for £30K

 

[prv]

Call the cops, tell them some bugger swiped your cover. Its possible it might have been the cover maker you have a dispute with.

It was the cover maker, he's admitted it. Trying to misrepresent a contract dispute to the police as ordinary theft is only going to muddy the waters.

Once you get a case # call your insurance and tell them some bugger swiped your cover.

Lying to the insurance company doesn't seem very helpful either.

Pete

 

[RichardS]

But for all we know you may have just settled the Macondo Prospect oil spill for £30K

The only recent oil spill I'm aware off was yesterday ..... when I decided to change the oil and filter on the Mondeo and, for the first time ever, decided not to use a funnel to pour in the new oil but to hover the oil can spout above the filling point and wing it.

After spending an hour removing the plastic engine covers and cleaning up the mess, I reverted to the funnel method. :ambivalence:

Richard

 

[dom]

It was the cover maker, he's admitted it. Trying to misrepresent a contract dispute to the police as ordinary theft is only going to muddy the waters.

Lying to the insurance company doesn't seem very helpful either.

Pete

I see where you are coming from, but if someone breaks into your house, admits to swiping something on the basis that they thought they had a right over it. Then a report to the police would certainly be in order. Also has the cover company admitted this in writing? Basically a report to the police obviates the need for Poirot-type investigations which can cause confusion.

In the same way informing the ins co. wld also be a good idea, just a prosaic statement of the facts as they stand and nothing more. But you're right, any form of misrepresentation could come back to bite.