Marina problems

[paulajayne]

Hi

I recently bought a yacht which was in a marina on the Medway - Was informed by Yacht dealer that use of the marina until the end of the month was covered.

I have spent two weekends checking it out and have used some electricity which I expect to pay for.

Marina today has informed me that it will not allow the Yacht out of the lock until fees owed by the previous owner have been paid.

They have been informed via myself and the dealer that all I purchased was the yacht and not the mooring.

They are at present still refusing to let me out.

N.B. I had planned to take it to a mooring in Essex (which I have paid for) on high tide tomorrow 22/10/2015.

Need some legal facts to warn them off please.

[MissFM]

Re: Marina problems

Do you have written confirmation from the dealer that the Marina fees were included in the sale?

[ostell]

Re: Marina problems

Have the marina got the necessary bits of paperwork that allows them to hold the yacht? I know the owner of my local boatyard has to jump through multiple hoops to get his hands on boats where the owner owes money to the yard.

[oldbadger]

Re: Marina problems

Hi

I recently bought a yacht which was in a marina on the Medway - Was informed by Yacht dealer that use of the marina until the end of the month was covered.

I have spent two weekends checking it out and have used some electricity which I expect to pay for.

Marina today has informed me that it will not allow the Yacht out of the lock until fees owed by the previous owner have been paid.

They have been informed via myself and the dealer that all I purchased was the yacht and not the mooring.

They are at present still refusing to let me out.

N.B. I had planned to take it to a mooring in Essex (which I have paid for) on high tide tomorrow 22/10/2015.

Need some legal facts to warn them off please.

I am very sad to read about this situation.
If it was me, and my situation, I would pay the marina for it's mooring fees and any other bills in connection with the yacht and get it to safety in Essex. I would then demand payment from the boat's vendor. I do realise that this is a very dodgy action (that I would take ), but marinas tend to know all about vessel fees, vessel litigation and especially vessel-arrest.

You see, the marina might be able to ARREST your yacht, in which case it would be going nowhere. The costs of such an arrest might get added to the yacht's costs and fees.

I'm very sad for such a situation. I'm sorry that I cannot be more positive.

All the very best of luck with this.......... good luck.

[ostell]

Re: Marina problems

There is one problem now: the yacht is not owned by the debtor.

Ask the marina to show what authority they have to prevent your yacht leaving. Make it clear that you will be claiming from them any costs you incur because of their behaviour.

[des8]

Re: Marina problems

Extracts from "http://www.doradelaw.com/cms/images/stories/dorade/downloads/marina_guidance01.pdf" which you might find of interest:

So long as the trader retains physical possession of the boat he cannot be deprivedof the right of detention even by a change in ownership of the boat.
However,physical possession must be retained and if the boat is redelivered to the Owner orpassed to another person the lien will terminate.
Once possession has been lost any change in ownership will sever the claim againstthe vessel and leave the trader with a personal claim against the Owner.
For thatreason it is important that full private address and other contact information isobtained about owners for possible later use in the case of debt enforcement.

Arrest for Berthing Charges or Storage ?
For anyone who provides simple storage or berthing, without any element ofharbour dues, there is one issue that must be noted; "storage" or pure "berthingcharges" do not, on the face of it, fall within the legal definition of 'dock chargesand dues'.
Equally it is not clear that hard-standing would amount to servicessupplied to a vessel.
There is little legal authority or guidance on this point butwhile yachts have frequently been arrested for unpaid berthing charges there issome doubt whether this is legitimate in every case; this is a matter of analysing thecontractual terms and the nature of the service supplied.
For anyone who ploughsahead to arrest a vessel there is always a theoretical risk of liability for damages forwrongful arrest.
Generally such a liability will arise only if the Court finds that therehas been bad faith or gross negligence on the part of the Claimant.
Wronglyasserting a claim by an ill-conceived arrest would heighten the risk of having to paydamages and legal costs to the boat owner.
Every case must be assessed on its facts and its merits but often, despite theuncertainty, a decision to act is prompted by the obvious insolvency of the vesselOwner.
In such circumstances it is important to form a sound view on the relativestanding and merit of your claim so as to ensure that you neither overstate it norlose the prospect of securing it in the best way possible.
This may well involve arrest, or, if some other claimant has arrested the vessel before you, by enteringnotices of your claim on the Admiralty Court record.
Arrest remains a strong tool in the enforcement of maritime claims in thecommercial sphere but it requires technical expertise and in light of the costimplications it should be used thoughtfully and proportionately.

[paulajayne]

Re: Marina problems

Thanks for all your posts - unfortunately I could not read them as we escaped Yacht and all into the Medway and made our way to Essex.
I managed to get the yacht vender to sort out his debt. I was very annoyed that the marina thought they could do what they threatened.

Yacht owner - no I am not well off, I have purchased a boat which after a couple of years of hard work will become my home as we sail off into the Med and after a year or so there then across to the Caribbean.

Thanks all

[Amethyst]

Re: Marina problems

Well that's good news, well done Sounds like a really exciting future you have planned. :fish2: