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Old 22-10-2012, 09:50   #301
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Captain Bill View Post
What bit of clairvoyance tells you that the boat and mast are not stolen? This is not a simple payment dispute where a mechanic refuses to turn over the keys and keeps the car locked up on his back lot until the bill is paid or when a boat yard refuses to splash a boat until the bill is paid. In these examples the owner knows where the item is being stored and can determine its condition if perhaps only from afar. In the cases at hand the location of the items is being hidden from the owners. How are they to know the boat and mast have not been sent to the nautical equivalent of a chop shop? The answer is that they have no way of knowing. What evidence do you have that even if they pay the money that they will get their property back. The answer is that you don't have any evidence that this would be the case. He's already got their money and won't give them their property and risking jail. Why would he not just keep asking for more money and still not give the property back? I wouldn't give him another dime unless the items show up at their destination and then only what I had originally agreed. Since the contracts had no performance clause, I would write off the delay as a lesson learned. In the meantime I would use every means at my disposal to determine the location of my property and get all the help I can from all the law enforcement agencies that have jurisdiction.
Im no suthsayer, I am going on what was written...If the owner can find it he can take it if he is not confronted and has proof as to ownership..why ask a question if you have the answers?From what I read it is a simple matter of payment...I am willing to bet that either this man (boat owner) has gotten an attorney(more money) and its in the attorneys interest to tell the man he can help so he has been blinded with BS,or he came to the realization that he should pay the trucker and get his boat back...you state that you would use every resource to locate the boat(more money) when all you would have to do is pay the sum the trucker asks for and then follow thru with civil court(more money)..Sense you wouldnt pay another dime I rekon you wouldnt get your boat back, but would do everything in your means to find the boat (more money) and get the help of law enforcment(civil court,more money) This is a civil matter period! No overworked police force is going to offer any help and if they do they now have become the criminals..This all is based on what I have read on here,if there is more to it ,such as the owner comes on here and says that he met a man who bought his boat from a truck driver without a notice of writ from a court(civil) then it is un-lawful conversion and he can be prosecuted for that..if he is holding the boat over a payment dispute he can keep it till the "cash cows" come home...sucks dosnt it?...
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Old 22-10-2012, 10:31   #302
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by tropicalescape View Post
...when all you would have to do is pay the sum the trucker asks for and then follow thru with civil court(more money)...

It seems you are assuming that the trucker is only only holding the boat for ransom, but that is an assumption, he could have dumped it somewhere never to be seen again, and is only trying to extort more $$$.

Grifters are out there. Some cruising friends of ours just had somebody try to steal their boat for sale with forged cashiers checks. They and the broker smelled a rat, and called the bank (forgery) and then the police (wanted in five states).

A sting operation ensued, and they are now behind bars, a man and two male teenagers. This just happened five days ago in North Carolina!
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Old 22-10-2012, 11:04   #303
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Captain Bill View Post
What bit of clairvoyance tells you that the boat and mast are not stolen? This is not a simple payment dispute where a mechanic refuses to turn over the keys and keeps the car locked up on his back lot until the bill is paid or when a boat yard refuses to splash a boat until the bill is paid. In these examples the owner knows where the item is being stored and can determine its condition if perhaps only from afar. In the cases at hand the location of the items is being hidden from the owners. How are they to know the boat and mast have not been sent to the nautical equivalent of a chop shop? The answer is that they have no way of knowing. What evidence do you have that even if they pay the money that they will get their property back. The answer is that you don't have any evidence that this would be the case. He's already got their money and won't give them their property and risking jail. Why would he not just keep asking for more money and still not give the property back? I wouldn't give him another dime unless the items show up at their destination and then only what I had originally agreed. Since the contracts had no performance clause, I would write off the delay as a lesson learned. In the meantime I would use every means at my disposal to determine the location of my property and get all the help I can from all the law enforcement agencies that have jurisdiction.
I absolutely agree with all you have said Capt Bill!
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Old 22-10-2012, 11:06   #304
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Re: Boat Held Hostage By Marine Transport Company

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He did not steal a boat or a mast ,it was given to him to haul and now problems have arisen...as sad as it is ,if it were me I would pay the extortion, (I mean payment) and proceed to serve him with paper...then after I get my boat I would smoke it over and come to the under standing that I dont want to throw good money after bad and would consider it all as a hard won education! Does anyone really think this person would incrimante himself over a few thousand dollars and risk going to jail?I think this guy knows what he can do and not do and he dosent seem to be very concerned...the longer that boat sits in an impound lot the more money this fellow will get! Unless he converts the boat and mast without the proper papers from a civil court,he can hold that boat until the cows come home and charge a max. of 20.00 a day for storage!...bad situation for the fellows that hired him,this guy now has the money and the boat and mast,wish I could get all my money before I do a job!best of luck getting the stuff back ...

I fully DISAGREE with your advice. I would not pay him a dime more and I would get his butt thrown in jail if at all possible. he is a devious piece of work in any sensible persons' mind!
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Old 22-10-2012, 11:31   #305
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Re: Boat Held Hostage By Marine Transport Company

Quite a number of years ago a close friend had a similar experience arising out of a delivery of a powerboat from mid-way up the BC coast down to a location on the Fraser River. The delivery skipper in effect held the location of the powerboat for ransom and wouldn't reveal it's location until an additional amount was paid up.
The issue was resolved by the powerboat owner engaging a couple of Hell's Angels to pay a visit to the delivery skipper and his family. Magically, the powerboat appeared at the agreed upon location the next day.
It cost my buddy around $200 back in the 70's but it was well worth it according to him. I believe it was called extortion back then. Phil
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Old 22-10-2012, 12:46   #306
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Re: Boat Held Hostage By Marine Transport Company

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I fully DISAGREE with your advice. I would not pay him a dime more and I would get his butt thrown in jail if at all possible. he is a devious piece of work in any sensible persons' mind!
weather you agree or disagree the fact remains that he didnt steal the boat and if the situation is as told on this thread it is not "at all possible" to have him thrown in jail! Blindly dedicating ones self to one side of a story is IMO ,the height of folly,but dedicate if you must...why send "The Hells Angels" when you could get one of those low life,law breaking,face skinning,scum suckers from one of those Mexican drug cartels to do your "Dirty work" much cheaper? That way you dont have to pay another dime more than is neeeded...Im not on the side of the driver by a long shot,he didnt steal anything as far as what the OP has stated,if you think he has please direct me to that part of the thread as I have missed it...I read that he "Hired" this truck driver not, this truck driver came to my house in the middle of the night and stole my boat...Its not that hard to understand.He "Hired him to haul it"... !The devil is in the details it would seem because some poor old guy is without a boat, and that is enough reason to call Los Zetas!! Not!....
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Old 22-10-2012, 12:52   #307
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Re: Boat Held Hostage By Marine Transport Company

Quote:
Originally Posted by Capt Phil View Post
Quite a number of years ago a close friend had a similar experience arising out of a delivery of a powerboat from mid-way up the BC coast down to a location on the Fraser River. The delivery skipper in effect held the location of the powerboat for ransom and wouldn't reveal it's location until an additional amount was paid up.
The issue was resolved by the powerboat owner engaging a couple of Hell's Angels to pay a visit to the delivery skipper and his family. Magically, the powerboat appeared at the agreed upon location the next day.
It cost my buddy around $200 back in the 70's but it was well worth it according to him. I believe it was called extortion back then. Phil
I like the way you are thinking!
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Old 22-10-2012, 12:56   #308
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Re: Boat Held Hostage By Marine Transport Company

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weather you agree or disagree the fact remains that he didnt steal the boat and if the situation is as told on this thread it is not "at all possible" to have him thrown in jail! Blindly dedicating ones self to one side of a story is IMO ,the height of folly,but dedicate if you must...why send "The Hells Angels" when you could get one of those low life,law breaking,face skinning,scum suckers from one of those Mexican drug cartels to do your "Dirty work" much cheaper? That way you dont have to pay another dime more than is neeeded...Im not on the side of the driver by a long shot,he didnt steal anything as far as what the OP has stated,if you think he has please direct me to that part of the thread as I have missed it...I read that he "Hired" this truck driver not, this truck driver came to my house in the middle of the night and stole my boat...Its not that hard to understand.He "Hired him to haul it"... !The devil is in the details it would seem because some poor old guy is without a boat, and that is enough reason to call Los Zetas!! Not!....
Tropical, are you the truck driver that stole the boat? What you are saying makes no since to me at all. If the facts presented are accurate, the boat has been stolen, give me a break.
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Old 22-10-2012, 12:57   #309
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Re: Boat Held Hostage By Marine Transport Company

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I like the way you are thinking!
So does Los Zetas,The Gulf Cartel,La Famalia Cartel, and that law abiding group The Hells Angels...
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Old 22-10-2012, 12:57   #310
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by tropicalescape View Post
weather you agree or disagree the fact remains that he didnt steal the boat and if the situation is as told on this thread it is not "at all possible" to have him thrown in jail! Blindly dedicating ones self to one side of a story is IMO ,the height of folly,but dedicate if you must...why send "The Hells Angels" when you could get one of those low life,law breaking,face skinning,scum suckers from one of those Mexican drug cartels to do your "Dirty work" much cheaper? That way you dont have to pay another dime more than is neeeded...Im not on the side of the driver by a long shot,he didnt steal anything as far as what the OP has stated,if you think he has please direct me to that part of the thread as I have missed it...I read that he "Hired" this truck driver not, this truck driver came to my house in the middle of the night and stole my boat...Its not that hard to understand.He "Hired him to haul it"... !The devil is in the details it would seem because some poor old guy is without a boat, and that is enough reason to call Los Zetas!! Not!....

Not sure of where your "facts" are obtained from. Perhaps a good read of the posts herein will enlighten you as to the position. False pretenses/conversion just to mention a couple of things? It certainly appears that he never had the intention of entering into any contract and the circumstances appear to support that. The mere existence of a contract does not rule out a criminal offence. Giving a low-life like this more money when he hasn't even performed and disappears with the goods is tantamount to pandering to pirates.
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Old 22-10-2012, 13:09   #311
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Re: Boat Held Hostage By Marine Transport Company

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Not sure of where your "facts" are obtained from. Perhaps a good read of the posts herein will enlighten you as to the position. False pretenses/conversion just to mention a couple of things? It certainly appears that he never had the intention of entering into any contract and the circumstances appear to support that. The mere existence of a contract does not rule out a criminal offence. Giving a low-life like this more money when he hasn't even performed and disappears with the goods is tantamount to pandering to pirates.
My facts come from the title of this thread "boat held hostage by marine company" not "boat stolen by marine company "...now what part of the thread does the OP state that it was stolen?....
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Old 22-10-2012, 13:16   #312
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Re: Boat Held Hostage By Marine Transport Company

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My facts come from the title of this thread "boat held hostage by marine company" not "boat stolen by marine company "...now what part of the thread does the OP state that it was stolen?....
The discussed circumstances support a crime of theft rather than a civil matter.
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Old 22-10-2012, 13:17   #313
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Re: Boat Held Hostage By Marine Transport Company

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Tropical, are you the truck driver that stole the boat? What you are saying makes no since to me at all. If the facts presented are accurate, the boat has been stolen, give me a break.
What specific "fact of theft" are you refering to..At times like this I wish I were a lawer(not really) and some of you that think it was stolen were my clients,as it is awful easy to pray on people that are ignorant of the law! Hell id be rich! lol...he didnt steal the boat it was given to him...
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Old 22-10-2012, 13:17   #314
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Re: Boat Held Hostage By Marine Transport Company

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So does Los Zetas,The Gulf Cartel,La Famalia Cartel, and that law abiding group The Hells Angels...
Necessary tools are sometimes very effective.
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Old 22-10-2012, 13:19   #315
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Re: Boat Held Hostage By Marine Transport Company

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What specific "fact of theft" are you refering to..At times like this I wish I were a lawer(not really) and some of you that think it was stolen were my clients,as it is awful easy to pray on people that are ignorant of the law! Hell id be rich! lol...he didnt steal the boat it was given to him...
Given???? You surely mean entrusted with it to deliver it as requested?

Edit: Sorry, "as instructed", not requested.
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