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Post by Deleted on Jul 30, 2016 12:05:49 GMT
Well the owners have now confirmed this is not an issue relating to re-possession.
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Post by Deleted on Jul 30, 2016 12:06:16 GMT
It is possible that the owners are assuming that the boat has been stolen when it has in fact had lien performed on it in which case they would not be making themselves liable for prosecution if they (mistakenly) reported it as stolen. Yes possible certainly, that did cross my mind too. But they don't live on the boat as I read it anyway so they should be aware of any correspondence leading up to that point. I'm quite surprised the phone number has been left up there. If I was the forum owner, I'd phone it and make contact to verify it before letting things escalate. Perhaps someone has already.
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Post by marni on Jul 30, 2016 12:08:35 GMT
They will still speculate what the dispute with stenson is.Its a bit unfair they are having enough probs as it is.
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Post by Deleted on Jul 30, 2016 12:13:02 GMT
They will still speculate what the dispute with stenson is.Its a bit unfair they are having enough probs as it is. Of course they will, luckily though the overwhelming number on their seem happy to focus on finding the boat unlike MikeTB who is happy to potentially label the owners as deceitful liars.
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Post by Deleted on Jul 30, 2016 12:14:01 GMT
Yes possible certainly, that did cross my mind too. But they don't live on the boat as I read it anyway so they should be aware of any correspondence leading up to that point. I'm quite surprised the phone number has been left up there. If I was the forum owner, I'd phone it and make contact to verify it before letting things escalate. Perhaps someone has already. Yes agreed that might have been helpful.
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Post by Deleted on Jul 30, 2016 12:25:33 GMT
Whatever the outcome, and let's hope it's a good one, it's certainly captured the imagination of lots of people.
If it turns out someone can steal a narrow boat and get away with it, that's a very scary thought and will sow lots of fear into boat owners. Well I'd be worried about leaving a boat out on the cut, never mind in a marina.
Let's hope the power of the Internet does some good.
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Post by Mr Stabby on Jul 30, 2016 15:58:02 GMT
Well the owners have now confirmed this is not an issue relating to re-possession. It may not be re-possession, but there is apparently a disputed bill somewhere along the way, and without knowing the ins and outs of that dispute it is impossible to say whether the person now in possession of the boat has acted illegally. To simplify the legal position a little, suppose you get a garage to put a new clutch in your car, but when the work is competed you tell the garage you don't have the money to pay the bill. They won't let you have the car back, simple as that. The car might be worth 20 times as much as the repair bill, it doesn't matter, the garage is legally entitled to keep possession of the car until the bill is paid. So to say that there is some legal process which must be followed before taking control of an item isn't actually true.
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Post by haulierp on Jul 30, 2016 16:08:32 GMT
Its a strange repossession that rips of the Registration Plates,I don't think its been repossessed and anything else is theft as I understand it.The case you outline makes a poor comparison because the Garage would already have the car within their Premises and to take it from your home would need a certificated bailiff armed with a court order. I post this only for arguments sake,not seeking to make any capital at your expense.
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Post by Deleted on Jul 30, 2016 16:16:06 GMT
Well the owners have now confirmed this is not an issue relating to re-possession. It may not be re-possession, but there is apparently a disputed bill somewhere along the way, and without knowing the ins and outs of that dispute it is impossible to say whether the person now in possession of the boat has acted illegally. To simplify the legal position a little, suppose you get a garage to put a new clutch in your car, but when the work is competed you tell the garage you don't have the money to pay the bill. They won't let you have the car back, simple as that. The car might be worth 20 times as much as the repair bill, it doesn't matter, the garage is legally entitled to keep possession of the car until the bill is paid. So to say that there is some legal process which must be followed before taking control of an item isn't actually true. Assuming there is a dispute at the heart of this there is a key difference here. The difference is that the boat has obviously been released back to the owners at some point and then has been taken back. If a garage came to my house or to where I have parked it and took my car without my knowledge because of a disputed bill I am pretty confident that would constitute theft. If some money is owed to the builder there is a proper process to follow, and as far as I am aware that doesn't involve stealing the boat.
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Post by Mr Stabby on Jul 30, 2016 16:17:35 GMT
But if a company owed me money, and I had their goods on my trailer, I would be perfectly entitled to take their goods to some hidden place and say "You're not getting them back until you pay me". This is called "lien" and it happens all the time in the transport industry.
lien
liːn,ˈliːən/Submit
nounLAW
a right to keep possession of property belonging to another person until a debt owed by that person is discharged.
I'm not saying this is what has happened here, but it is certainly not true that you need a court order to assert rights over another's property.
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Post by Deleted on Jul 30, 2016 16:30:47 GMT
But if a company owed me money, and I had their goods on my trailer, I would be perfectly entitled to take their goods to some hidden place and say "You're not getting them back until you pay me". This is called "lien" and it happens all the time in the transport industry. lien liːn,ˈliːən/Submit nounLAW a right to keep possession of property belonging to another person until a debt owed by that person is discharged. I'm not saying this is what has happened here, but it is certainly not true that you need a court order to assert rights over another's property. But that is the difference, the goods are still in your possession, on your trailer. You haven't released them to me. If I dispute the bill and wont pay up or wont pay in full then fair enough I can see you would be entitled to do that, but if you release them you must surely be happy with what you have been paid, and you are now coming after me for more than we agreed at the time you released.
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Post by Mr Stabby on Jul 30, 2016 16:33:31 GMT
But if a company owed me money, and I had their goods on my trailer, I would be perfectly entitled to take their goods to some hidden place and say "You're not getting them back until you pay me". This is called "lien" and it happens all the time in the transport industry. lien liːn,ˈliːən/Submit nounLAW a right to keep possession of property belonging to another person until a debt owed by that person is discharged. I'm not saying this is what has happened here, but it is certainly not true that you need a court order to assert rights over another's property. But that is the difference, the goods are still in your possession, on your trailer. You haven't released them to me. If I dispute the bill and wont pay up or wont pay in full then fair enough I can see you would be entitled to do that, but if you release them you must surely be happy with what you have been paid, and you are now coming after me for more than we agreed at the time you released. Without wishing to go too far into the finer points of the law, all I am saying is that I would bet the farm that there is a very strong connection between the disappearance of this boat and the belatedly mentioned legal dispute.
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Post by haulierp on Jul 30, 2016 16:34:27 GMT
But if a company owed me money, and I had their goods on my trailer, I would be perfectly entitled to take their goods to some hidden place and say "You're not getting them back until you pay me". This is called "lien" and it happens all the time in the transport industry. lien liːn,ˈliːən/Submit nounLAW a right to keep possession of property belonging to another person until a debt owed by that person is discharged. I'm not saying this is what has happened here, but it is certainly not true that you need a court order to assert rights over another's property. Yes but again you miss the clear difference,the goods are in your possession,you haven't backed your trailer into their yard after closing time and loaded up.If the goods are already in your possession in the back of your trailer and you say to the company," you owe me money and i am keeping them till you pay me ", the company would call the Police,they would come to your yard listen to your tale then leave. They would go back to the Company and say "he does indeed have your goods you owe him money,get yourself a lawyer " that would be all they would do.
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Post by haulierp on Jul 30, 2016 16:36:28 GMT
But if a company owed me money, and I had their goods on my trailer, I would be perfectly entitled to take their goods to some hidden place and say "You're not getting them back until you pay me". This is called "lien" and it happens all the time in the transport industry. lien liːn,ˈliːən/Submit nounLAW a right to keep possession of property belonging to another person until a debt owed by that person is discharged. I'm not saying this is what has happened here, but it is certainly not true that you need a court order to assert rights over another's property. Yes but again you miss the clear difference,the goods are in your possession,you haven't backed your trailer into their yard after closing time and loaded up.If the goods are already in your possession in the back of your trailer and you say to the company," you owe me money and i am keeping them till you pay me ", the company would call the Police,they would come to your yard listen to your tale then leave. They would go back to the Company and say "he does indeed have your goods you owe him money,get yourself a lawyer " that would be all they would do. You don't need a court order to assert rights over property,you will need one however to take possession.
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Post by Mr Stabby on Jul 30, 2016 16:37:50 GMT
See my last post, above.
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