What to do if somebody has squatted on your mooring ?

nevis768 · 4 May 2024

If the diesel was given on the understanding it would be paid for after fueling up, and it wasn't then paid for, then it's a criminal offence. If it was put on account, it's civil, but if any false details given, then it is also criminal. If there is evidence that the 'put it on my account, was done with the intention of not paying, and so misleading the diesel vendor, then that is also criminal, or enough grounds to arrest the person', but wither your local police can be ar+ed is another matter.

dgadee · 4 May 2024

All this talk of legal action is fine in theory. In practice it can take a year to get a small claim heard. Regulators (harbour authorities e.g.) often can't be bothered with hassle.

It's a sad world Brits with a problem find themselves in.

mjcoon · 4 May 2024

dgadee said:
All this talk of legal action is fine in theory. In practice it can take a year to get a small claim heard. Regulators (harbour authorities e.g.) often can't be bothered with hassle.

It's a sad world Brits with a problem find themselves in.

I suppose there's the name-and-shame social media approach, if you can find their tribe...

dgadee · 4 May 2024

mjcoon said:
I suppose there's the name-and-shame social media approach, if you can find their tribe...

Some have mo shame. And not just those involved in the law.

Stemar · 5 May 2024

dgadee said:
All this talk of legal action is fine in theory. In practice it can take a year to get a small claim heard. Regulators (harbour authorities e.g.) often can't be bothered with hassle.

It's a sad world Brits with a problem find themselves in.

My son did a business studies degree. He told us that, for debts of less than about £800, the cost of going to court exceeded the benefits for small businesses. That was close to 20 years ago, so I suppose it's probably a couple of grand now.

Fr J Hackett · 5 May 2024

Stemar said:
My son did a business studies degree. He told us that, for debts of less than about £800, the cost of going to court exceeded the benefits for small businesses. That was close to 20 years ago, so I suppose it's probably a couple of grand now.

I would like to know how that is worked out because a small Claims Court action whilst money up front is required you get it back with interest at a health premium on all costs and the debt and even the cost of recovery if needed. Of course the action has to be successful if you can't prove the debt it doesn't exist.

bedouin · 5 May 2024

Fr J Hackett said:
I would like to know how that is worked out because a small Claims Court action whilst money up front is required you get it back with interest at a health premium on all costs and the debt and even the cost of recovery if needed. Of course the action has to be successful if you can't prove the debt it doesn't exist.

In a business context the cost of going to court - which will include your time taken away from other activities and probably professional fees for a lawyer - are likely to add up to a couple of thousand that you stand no chance of getting back, win or lose.

The sums are very different if you are an individual and don't include the cost of your own time

Fr J Hackett · 5 May 2024

bedouin said:
In a business context the cost of going to court - which will include your time taken away from other activities and probably professional fees for a lawyer - are likely to add up to a couple of thousand that you stand no chance of getting back, win or lose.

The sums are very different if you are an individual and don't include the cost of your own time

A small claims action does not require a lawyer in fact you are advised against using one, you can also realistically claim expenses in preparing the action. However a simple debt is just that and as I said should be easy to prove and would not take more than a few hours at most to set out the case and circumstances.
It depends on how important the debt is to the business and how proactive the owner is.

Stemar · 5 May 2024

That's the point. IIRC, you don't get legal costs in a Small Claims case. Yes, I have to pay to file my case against you but, if I win, I get that payment added to my claim. If I lose, I don't have to pay your expensive lawyers.

dgadee · 5 May 2024

In Germany - if it remains as it was - you know exactly how much an action is going to cost before you start. Judges are civil servants not well paid KCs etc. We could learn a lot from other legal systems about making the legal system accessible to those of standard means.

bedouin · 5 May 2024

Fr J Hackett said:
A small claims action does not require a lawyer in fact you are advised against using one, you can also realistically claim expenses in preparing the action. However a simple debt is just that and as I said should be easy to prove and would not take more than a few hours at most to set out the case and circumstances.
It depends on how important the debt is to the business and how proactive the owner is.

We are talking about a business defending a claim rather than an individual bringing one.

If you are a business you have a legal department to handle such matters - that costs money. At they very least you are looking at one day to prepare and one to attend - plus you are likely to need at least one witness/expert who won't be doing productive work while they are in court. There are very very limited costs that you are (usually) allowed to claim even if you successfully defend a claim.

bedouin · 5 May 2024

dgadee said:
In Germany - if it remains as it was - you know exactly how much an action is going to cost before you start. Judges are civil servants not well paid KCs etc. We could learn a lot from other legal systems about making the legal system accessible to those of standard means.

Pretty much the same in UK for small claims.

For anything else the costs are ridiculously high.

Fr J Hackett · 5 May 2024

bedouin said:
We are talking about a business defending a claim rather than an individual bringing one.

If you are a business you have a legal department to handle such matters - that costs money. At they very least you are looking at one day to prepare and one to attend - plus you are likely to need at least one witness/expert who won't be doing productive work while they are in court. There are very very limited costs that you are (usually) allowed to claim even if you successfully defend a claim.

I thought we were talking about a small business bringing a claim for a debt such as lack of payment which is simple and straight forward. However as an example of a large firm pursuing relatively small debts and successfully you need to look no further than parking companies enforcing debts. All is possible.

srm · 5 May 2024

bedouin said:
Pretty much the same in UK for small claims.

I think the marina mentioned in my previous post paid £75 to file the small claim. This was recovered along with the debt. However, that was quite a few years ago so is out of date.

dgadee · 5 May 2024

srm said:
I think the marina mentioned in my previous post paid £75 to file the small claim. This was recovered along with the debt. However, that was quite a few years ago so is out of date.

You can win in the smallclaims court but that doesn't mean you can collect. Same as in other litigation.

Fr J Hackett · 5 May 2024

dgadee said:
You can win in the smallclaims court but that doesn't mean you can collect. Same as in other litigation.

In which case you use a debt collection agency and recover their costs, standard procedure.

dgadee · 5 May 2024

Fr J Hackett said:
In which case you use a debt collection agency and recover their costs, standard procedure.

You can. Success not guaranteed. There was a report a few years ago about collecting civil payments. Was not positive.

john_morris_uk · 5 May 2024

dgadee said:
You can win in the smallclaims court but that doesn't mean you can collect. Same as in other litigation.

True to a degree. However you can go back to the court and the court can either go after the debtors earnings (directly from their employers if they are earning) or send in bailiffs to seize goods. All costs added to the debt.

Poecheng · 5 May 2024

Don't forget that, where the loss are liquidated damages i.e. the amount is already determined such as the price of the diesel supplied or the value of services supplied pursuant to a quote etc. , then you can use the Statutory Demand procedure, which costs nothing other than a postage stamp.
If they ignore it, you then apply to make them bankrupt (which does start to cost, but it REALLY costs them) but it is a wonderful tool if you can use it.

steveeasy · 5 May 2024

john_morris_uk said:
True to a degree. However you can go back to the court and the court can either go after the debtors earnings (directly from their employers if they are earning) or send in bailiffs to seize goods. All costs added to the debt.

Is it worth the hassle to chase an unpaid fuel bill though. Think not. A lesson learnt not to hand out fuel on account in the first place.
Steveeasy

What to do if somebody has squatted on your mooring ?

Active member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Other threads that may be of interest

Share this page