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Old 24-10-2012, 21:00   #526
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Longbow3 View Post
Did the mast guy lie to the trucker as well? Just wondering. Why is the driver refusing to tell the boat owner and the mast owner the location of their respective items. Those items, though in the control of the transporter, do not belong to him. I suspect that the trailer is in the repair yard and they won't allow it moved until payment for repairs made.
The driver told me he was told there was no hurry with the mast,It is on the road on the back of a truck headed to Kemiah Texas according to the driver
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Old 24-10-2012, 21:09   #527
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Celestialsailor View Post
I wonder if the issue of the mast and boat being store without disclosure could be taken to a judge to declare them stolen, allowing law enforcement to pursue finding stolen goods?
Yes, the owners can sue in civil court and get a judgement requiring the defendant to disclose the location of the boat and grant them access to it. First they need to locate the driver and have him served. Since he is a commercial driver, he may only visit his home address a few times a year.
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Old 24-10-2012, 21:11   #528
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by S/V Illusion View Post
... Maybe we can start a corollary thread on particle physics and String Theory next.
I personally don't think they'll find the answer in 10 dimensions. It's probably a good thing that they allowed for 26!
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Old 24-10-2012, 21:16   #529
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Re: Boat Held Hostage By Marine Transport Company

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I personally don't think they'll find the answer in 10 dimensions. It's probably a good thing that they allowed for 26!
But the answer is 42!
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Old 24-10-2012, 21:19   #530
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Re: Boat Held Hostage By Marine Transport Company

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But the answer is 42!
Yes, that's the answer to life, the universe and everything. The Quantum Theorists don't realize it yet though!

I think they're still looking for the question!
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Old 24-10-2012, 21:35   #531
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Re: Boat Held Hostage By Marine Transport Company

Tropical you have given us some interesting information. If I understand the situation the driver was originally contracted however poorly to deliver the boat to San Fransisco, is that correct? The boat is in LA, not San Francisco is that also correct. The original agreement was payment of the rest of the money upon delivery or is the driver disputing that? The boat has been arrested and a lien filed with the USCG for money due on a delivery that has not taken place? What I don't understand is why the boat is in storage in LA. The USCG arresting a boat and having a lien placed on the boat is something that could have been done in San Francisco. It would not have changed what is owed or in dispute. There was no need to keep the location of the boat secret as the arrest would have prevented its movement. If I was on jury hearing this I would have little sympathy for the transporter's claim since he has not completed the contract. I'll bet this ends up in court. From the information we have here I would find it hard to believe that this lien will be enforcable after the countersuit is filed. I would think that the transporters claim would be more favorably looked upon if he had actually completed the contract.

This is kind of like a car repair shop placing a mechanic's lien on a car for work they never completed. I have heard of mechanics who file such liens and every once in a while are successful mostly because the owner was not adequately represented. In such a case they advertise the car up for auction after the time has expired in some very obscure newspaper while technically in compliance with the law and have a partner or relative bid something like a dollar. They then have a car worth a lot of money and have successfully stolen it for a dollar. I sure hope the OP has a good lawyer, because it sounds like the transporter does.

The OP was clearly naive or perhaps any number of other words I can think of to let this guy have his boat without a proper contract. Unfortunately we will probably never know if the OP deliberately lied about the weight to get a lower price. We don't know if the inquiries about higher weight transport were made before or after he informed the OP of the actual weight. It might be that the OP made some inquiries to find out what a fair price was after he was informed of the greater weight. We simply don't know. You stated that the transporter feels he was purposely lied to, but can he present proof? I would be interested in knowing what information the transporter had to present to the Coast Guard to get the lien placed against the boat? Since the contract had not been completed how could he claim non-payment?

You seemed to confirm that he made it to El Paso before the original tailer broke down. He had the boat weighed somewhere here on the east coast and knew it was overweight, yet he towed it all the way to El Paso? He somehow managed to get it on an adequate trailer in El Paso but he couldn't have done that somewhere back east? It seems to me that travel lifts would be a bit hard to come by in El Paso, at least compared to somewhere on the East or Gulf coasts. What doesn't make sense to me is that he got through all those weigh stations without the DOT stopping him for being overloaded. If he can in fact present a weight from a certified scale that shows the boat to weigh what he claims then he clearly deserves to be paid his normal rate for a boat weighing whatever it says, but I would think he would have challenged the owner immediately and demanded that he pay the fair price for a boat of that weight before he left the east coast. He also could have put it on a capable trailer on the east coast. He should have called the guy as soon as he knew the weight, said your weight was off by 40%, It's going to cost you $XXXXX.XX more money and because I have to locate a bigger trailer it's going to take much longer than anticipated and I can't even give you a delivery date. That's what an honest businessman would have done

If we assume for a moment that the OP is not lying about everything then why all of the misleading information about the progress of the trip? Why is the boat in LA and not in either SF or El Paso. My bet is that his lawyer told him to get it out of the south as you see most southern states adhere to the concept of contributory neglegence. Since he knew the trailer was overloaded and went anyway he would not have been able to collect a dime for the trailer damage even if the OP did lie. In the more liberal states if the OP contributed at all to the damage he could be held liable for the entire costs. The other reason the lawyer might have advised him of this is to make it very difficult for the OP to fight it. He does not live in LA and my guess is everytime the OP shows up for a court date the transporters lawyer is going to come up with some excuse for a continuance. He's planning to bleed the OP dry with just LA hotel bills. I have to give the transport guy credit, he's screwed the OP worse than the OP has screwed him.

The Transporter may in fact have a lot of loyal customers who won't care what happens here. A look at his web site seems to indicate he moves a lot of racing boats around. The one thing that racers know is the accurate weight of their boat. I doubt most cruisers know the accurate weight of their boats. He may keep a lot of his race customers, but I doubt if he's going to get many more cruising customers. Any cruiser is going to give him an estimated weight for their boat. If his response to an inaccurate estimate is to haul the boat half way across the country, claim damages to his equipment and the haul the boat off to a third destination far from the delivery point and put the person in a position where he has no choice but to pay the blackmail or go bankrupt on lawyer and hotel bills, he's not going to get much new business from cruisers. He's certainly never going to get any business from me. What he's doing may be legal but it's not honest.
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Old 24-10-2012, 21:35   #532
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Celestialsailor View Post
I wonder if the issue of the mast and boat being store without disclosure could be taken to a judge to declare them stolen, allowing law enforcement to pursue finding stolen goods?
It would be hard to prove the trucker had intent to steal the goods, he simply seems to want more money to deliver them.

Probably the best legal action would be to get a judge to issue a replevin order.

replevin legal definition of replevin. replevin synonyms by the Free Online Law Dictionary.


While there are some downsides to getting a replevin order it does seem to fit this case.

Since its roots are in common law at least some of our friends across the pond should know about it.
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Old 24-10-2012, 22:14   #533
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Re: Boat Held Hostage By Marine Transport Company

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According to the driver he was lied to about the boat and then received the boat at a place with no scale,then when he got to the scale no one would let him off load the boat and leave it ...He has disclosed the location, it is in a impound lot per Law...it didnt have to go this far...
The problem with with the driver claiming he was lied to is the OP will deny it. The problem with no scale at the yard is this guy is suppose to be a pro and know there are scales all over the place and they are cheap, and often free, for truckers to use. There has been no claim that the driver tried to contact the OP and arrange an off load location. It should be no surprise that no one would let him leave a boat he did not own with out no clear indication of who would pay for the storage. Since the boat is now in an impound lot in LA how do you sell a story that there is no impound lot except in LA, why could he not find one closer to the place the boat was first weighed. Why did the driver stop in LA instead of going on to SF where the delivery was suppose to take place. Lets not forget in discovery the trucker will be required to produce his logs and if he was delivering other cargo to LA or trying to avoid a dead head by not continuing on to SF it will not look so good to a jury.

In one of your earlier posts the claim was made that an FBI guy you named told the driver he could do nothing that this was a civil matter and he should deliver the boat.

If the driver really though he had a good case he should have followed that advice and then seek relief in civil court.

Bottom line is now the driver is facing the possibility of the OP getting a replevin order and after paying the storage taking possession of the boat. At that point the driver will have to go to civil court to get paid part of the rest of the contracted fee and face the possibility of that being reduced for being late in the not completed delivery. The case will most likely be settled pre trial because this will be a hard case for the driver's lawyer to sell to a jury.
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Old 24-10-2012, 22:26   #534
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Re: Boat Held Hostage By Marine Transport Company

TropicalEscape, you have stated several times that the "driver" said that I was in no hurry (?) for my mast - I guess implying that delivery was open-ended, which of course it was not. My wife told Steadley on the phone Sept 22 that in no way did we approve of bypassing the delivery to Seabrook and go on to California as Steadley decided to do. You wouldn't know that becasue you are not Dan but you can ask Dan and he can verify that. Anyway, in your next conversation with Dan Steadley would you please ask him when he thinks I will need my mast so that I can plan my launch accordingly? It would be most appreciated.
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Old 24-10-2012, 22:32   #535
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Captain Bill View Post
SNIP

The Transporter may in fact have a lot of loyal customers who won't care what happens here. A look at his web site seems to indicate he moves a lot of racing boats around.

SNIP
This is interesting. I had assumed, incorrectly it seems, that the trucker was close to being judgement proof based on what I judge to be unprofessional actions.

The problem with being a more legit business is that the trucker now has to explain why he did not recognize problems earlier and act in a more responsible manner once he became aware of them.

Your comment about how the trucker screwed the OP more than the OP could screw the trucker supports the theory that he may be more big time than I originally thought.

I noticed at SA there was another unhappy customer. If the ML was not a solid one, and I am having trouble seeing how you can justify one until there was an attempt to deliver the boat, and a few more unhappy customers show up I could see a RICO charge from an unhappy fed.
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Old 24-10-2012, 22:51   #536
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Re: Boat Held Hostage By Marine Transport Company

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SNIP
I dont think for a minute that the law is much different in europe,
SNIP
.
The law in a lot of Europe is what is called Napoleonic Code as opposed to the US where Common Law is the standard. The biggest difference is under common law you are innocent till proven guilty, under the Napoleonic Code you are guilty till proven innocent.
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Old 24-10-2012, 22:53   #537
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Re: Boat Held Hostage By Marine Transport Company

I think someone else posted it but Dan Steadley's cell phone number is 843 810 7900. I am sure he would like to hear from his supporters in this trying time.
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Old 24-10-2012, 23:28   #538
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Quote:
Originally Posted by Dansante85
TropicalEscape, you have stated several times that the "driver" said that I was in no hurry (?) for my mast - I guess implying that delivery was open-ended, which of course it was not. My wife told Steadley on the phone Sept 22 that in no way did we approve of bypassing the delivery to Seabrook and go on to California as Steadley decided to do. You wouldn't know that becasue you are not Dan but you can ask Dan and he can verify that. Anyway, in your next conversation with Dan Steadley would you please ask him when he thinks I will need my mast so that I can plan my launch accordingly? It would be most appreciated.
I think you should call him and end this web trashing. If you call him have a decent conversation and record it. Let him know that he is being recorded. Then post the wav. file here. Same goes for the lost boat guy.
Pretty sure if you put down the email and web bashing and talk you'll find some conclusion. Question for all parties. How do you want this to end? Can you find a number that works and is reasonable? All else aside what is good rate to truck a boat cross country. I think you pay the rate that is reasonable cause that's the value. If your trying to pay less well your getting up
On others skinned knees. So what's the right rate for transporting 20,000 lbs across country. What if you loaded up with diesel, water supplies etc. now your shipping more Nd should the trucker suck that up? Should he have protected himself better? Yes. guys go find a real number that is a true value for the service. End this.
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Old 24-10-2012, 23:37   #539
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Re: Boat Held Hostage By Marine Transport Company

BTW, someone, perhaps TropicalEscape should let Dan Steadley of Big Dog Marine, LLC, know that his actions are being questioned on this forum. I am sure that he would like to respond directly to the questions of why he has confiscated the property talked about in this forum.
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Old 24-10-2012, 23:56   #540
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Re: Boat Held Hostage By Marine Transport Company

Sabray, in response to your post I can only say that the price for my mast shipment was established by the shipper at the onset our communication, and paid in full. Why am I now placed in the postion of being required to pay further to have my property delivered. I think there is a name for this. I was in constant contact with Dan Steadley throughout this ordeal and I have a complete record of our texts concerning this matter. I would be happy to post it if the forum moderator has not objections. Then you can judge for yourself.
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