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  • #982558
    mistisa_te
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    Hi all,

    I thought I’d get a bit of feedback before I go spending a bucket load of cash with a Lawyer, so here goes….

    I have a customer who brought a boat in for repairs over 18 months ago. We’ve done part of the work, and advised client that we will not proceed with any further work until he pays us some money to cover the costs of work already carried out and for parts that need to be purchased to finish the job.
    As of the other day a man who I thought was a friend of the client came to my office and said that the boat trailer belongs to him and he wants it back. Apparently they are no longer friends.
    The trailer guy wants to pay out the bill and take the boat.
    The boat guy still wants the boat, but is yet to put down any money, his father passed away recently and he has debts galore.

    So what do I do. I cannot say its “Uncollected Goods” as the client has said he still wants the boat and the job is not completed, even if I could go with Uncollected Goods, I would have to wait 3 months to sell the boat, and this guy wants his trailer!

    Any ideas?

    Cheers Te

    #1137420
    Past-Member
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    Who technically owns the boat? If it’s registered I guess you could find out? Does the trailer guy have any ownership on the boat or is the other guy supposedly buying it from him? If you knew this it would be helpful as the trailer guy could pay up and take.

    I would suggest calling or calling in to Fair Trading and getting some advice.

    #1137421
    mistisa_te
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    I live in the NT we have no boat registration laws here, only that the trailer must be registered. Over the 18months I’ve had it here, several other people come in who have commented “is that (boat guy) ‘s boat?” is a very distinctive boat, so I have no reason to suspect its not his.

    Trailer guy doesnt even want the boat, he just wants his trailer back.

    I spoke to Consumer Affairs this morning, who told me to seek legal advice.

    #1137422
    Divert To Mobile
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    Hi Te,

    What are you supposed to do with the boat when its not on a trailer?
    You may end up having to put the boat in storage till it can be sold as uncollected goods. Make an appointment and meet your local chamber magistrate and have a chat about it with him/her.

    Steve

    #1137423
    mistisa_te
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    Thanks for the reply Steve

    According to Consumer Affairs, uncollected goods Act kicks in only if its been abandoned or I cannot contact them, whereas the owner has contacted me and “promised” to pay.

    Can you just make an appointment to meet up with a Magistrate like that?

    #1137424
    Divert To Mobile
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    does that mean they can leave them there for ever – as long as they say they intend to pay?

    In NSW its possible to make an appointment and meet up with the chamber magistrate to ask questions. In your case it may be a good idea, as you may end up standing infront of him before the end of this.

    Steve

    #1137425
    mistisa_te
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    It doesnt mean they can leave it forever, generally if you can get in contact with the client, you can by send a Debt Collector after them or take it to small claims. But seeing as the rumours around town are that he has no money, its kind of flogging a dead horse.

    I will investigate the Magistrate avenue.

    Te

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