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* FOUND * Stolen Boat - from Mercia Marina


Yank on the Cut

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I did from Marston to Cov basin on foot yesterday, Beaker did Atherstone through Nuneaton a few days ago i believe as he found the plates at Harshill.

 

I think ditchcrawler has gone down the ashby and headed/heading down the north oxford?

 

No, sorry, we only went as far as Hartshill, now on Tame aqueduct heading back to Mercia.

 

(Nice to meet you t'other day, btw).

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One would hope that the owners had told the police about any dispute, and that the police would have checked with the other parties to the dispute. To do otherwise would surely be wasting police time.

Police may ask in the initial stage but if they find a civil dispute, will drop it like a hot thing and refer each party to solicitors.

Can the owners help here and say what the police found when they visited the premises of the firm they are in dispute with and did they conclude the case was still a theft?

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im going through hawkesbury today heading to braunston, also another forumite is heading that way in front of me.

Thank you. I'd done an earlier plot from an earlier post of yours. I'll now add to it!

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All tree need barking up.

 

Helpfully barking up the right tree (in your opinion) has yielded nothing so far.

 

I would ask those like you who are considering re-possession as a possibility to consider the following.

 

1 - The owners have reported this to the police as a crime. If the boat had been re-possessed in some sort of legitimate 'snatch back' then that would be wasting the police's time something they will take a very dim view of and likely prosecute the owners for. If it is the police will not want to be involved as such a thing is a civil matter and they would only be involved if there was some resulting crime as the result of the re-possession such as an assault or breach of the the peace.

 

2 - They will have also implicated the marina in that police deceit as well.

 

3 - If the boat has been taken as the result of some disagreement between two parties such as the builder and the owners then I can't think of any legitimate situation that would entitle the aggrieved party to take a boat as some sort of settlement of the dispute (such as work unpaid for), therefore that removal is a theft. Any aggrieved party may think they have the 'moral' right to take the boat but that is not the same as the 'legal' right to do so. It would remain theft and as such the owners deserve to have their boat back and the thief be prosecuted.

 

I will be the first to apologise to those who are making the assumption or speculating this is a re-possession if indeed it ever transpired that this turns out to be the case but equally I wonder if those doing it will be equally willing to apologise to the owners (and the marina/original poster who by implication you are including) if it turns out to be a genuine case of boat theft.

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One would hope that the owners had told the police about any dispute, and that the police would have checked with the other parties to the dispute. To do otherwise would surely be wasting police time.

 

Exactly this.

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Hi all

We are at Fradley and are having some interesting pointers. Posters are going up and Woodend lock keeper when on duty writes down the numbers of the boats, she is contacting us this evening.

With regard to any possible repossession, we paid for the boat completely and We can reassure all that this is not the case.

However, it is likely we spoke to someone and did actually say we come back and forwards to Essex to our boat and we're heading back to Mercia now, loose talk perhaps, but in our wildest dreams we did not expect this to happen.

  • Greenie 1
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I think the argument about the boat being possibly repossessed was ridiculous. I'm sure Chris and Graham wouldn't have dreamed of starting this thread if that were the case. Unless they're dodgy and trying it on which I'm sure they're not and weren't.

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However, it is likely we spoke to someone and did actually say we come back and forwards to Essex to our boat and we're heading back to Mercia now, loose talk perhaps, but in our wildest dreams we did not expect this to happen.

 

We would have very similar conversations with gongoozlers particulary because our boat was sign written as if we were from Somerset and we would explain no we were actually from the North East, often I'm sure we will have mentioned were we moored too, its a normal type of conversation that could have easily lead to somebody waltzing in to Mercia when we moored there and nicking our boat.

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Still, it would lay all doubts to rest in MCC/Stenson could post here that the theft is just that. The Marina has backed the owners wonderfully. Where is the support from the builders?

I would ask those like you who are considering re-possession as a possibility to consider the following.

 

1 - The owners have reported this to the police as a crime. If the boat had been re-possessed in some sort of legitimate 'snatch back' then that would be wasting the police's time something they will take a very dim view of and likely prosecute the owners for. If it is the police will not want to be involved as such a thing is a civil matter and they would only be involved if there was some resulting crime as the result of the re-possession such as an assault or breach of the the peace.

 

2 - They will have also implicated the marina in that police deceit as well.

 

3 - If the boat has been taken as the result of some disagreement between two parties such as the builder and the owners then I can't think of any legitimate situation that would entitle the aggrieved party to take a boat as some sort of settlement of the dispute (such as work unpaid for), therefore that removal is a theft. Any aggrieved party may think they have the 'moral' right to take the boat but that is not the same as the 'legal' right to do so. It would remain theft and as such the owners deserve to have their boat back and the thief be prosecuted.

 

I will be the first to apologise to those who are making the assumption or speculating this is a re-possession if indeed it ever transpired that this turns out to be the case but equally I wonder if those doing it will be equally willing to apologise to the owners (and the marina/original poster who by implication you are including) if it turns out to be a genuine case of boat theft.

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To legally take a boat the seller would need a court order and this would presumably have to be presented to the marina before any action. If legal procedures were not followed it would probably be classed as theft. So it looks like theft, regardless. If I were on my boat or lived near a canal I would be on the lookout. I do hope it's found soon.

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Sorry but I have to ask - May we know what the dispute is?

no need now as I see it, police are happy its theft, no payments outstanding etc etc. Could be about anything but not something to do with the theft so its not really pertinent.

 

Unless I missed it explained it still seems strange this fella knew the pontoon number for the boat, does make you think its someone with some knowledge of the boat already in some way

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Yes, difference in what we over paid them, cheaper work and items were put on our boat by them not working to the agreed spec. Nothing more than that.

 

Which should have been settled in a civil court and does not entitle them to steal the boat if indeed they have of course.

 

As the police are aware of the dispute they will presumably be following this up as a line of enquiry?

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