Boat Held Hostage By Marine Transport Company

[Agape39]

Originally Posted by Dansante85

I am now in touch with Creole-Belle. If he wishes to reveal more that is up to him, I can neither confirm nor deny that Dan Steadley of Big Dog Marine has his boat. However, Steadley definitely does have my mast and now claims thru a third party that he left it in Dallas. He says his previous promise to deliver my mast to Seabrook this coming Tuesday is now off because I will not sign a hold harmless agreement with him (for what?) and also recompense him for additional freight charges he just today informed me of - despite having my mast since September 21st. Remember, he was paid in full prior to picking up the load. Now he is threatening litigation against me. It will be interesting to see what loss he thinks he has incurred by me in this matter. I will keep you interested shipmates posted on how this plays out.

WOW, I just threw my novel down, this thread has all the intrigue and suspense I need! If it were my boat I am afraid I'd be locked,loaded and huntin me some truckers butt!

[Agape39]

Originally Posted by Capt Phil

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

Now your talking, we know friends who know friends!

[Agape39]

Originally Posted by Capt Phil

One thing to remember before leaping to conclusions, tropical, was that this occurred in a time when many deals were still done on a hand shake and I suspect my BC buddy did it that way with cash up front, expenses and some balance to be paid on delivery of the boat to Steveston, BC.
It was a simpler time when a mans word was his bond and only a true scumbag would go back on a deal unless there were really extenuating circumstances and then he would talk it over with guy he was doing business with. Sure miss those days! Phil

I'm with you Capt Phil, a man that cannot be trusted with his word and a handshake needs his butt whooped, just sayin!

[tropicalescape]

Originally Posted by Agape39

I'm with you Capt Phil, a man that cannot be trusted with his word and a handshake needs his butt whooped, just sayin!

Well I need someone to come and kick alot of butts for me as I dont have enough energy to whoop um all! What part of the world are all these hand shaken honarable people in ,80 % of the people I live around and have visited around the world seem to be out for themselves and no-one else...You go on shaken hands and I will go on with my signed contracts and as much as I wish it was so, anyone that goes on that with someone they dont know is in my mind a person getting ready to be bamboosuled...What F%$ked up world does that ever work in anymore?

[SurferShane]

Originally Posted by Agape39

WOW, I just threw my novel down, this thread has all the intrigue and suspense I need! If it were my boat I am afraid I'd be locked,loaded and huntin me some truckers butt!

I totally agree. The situation would also make an interesting law exam scenario. In fact, it has me wanting to pick up my texts and do some serious revision.

On the legal side, one thing that has not been mentioned till now is the laws of bailment. In summary, that is,

The transporter's duties are to act in good faith he is bound to use extraordinary diligence in those contracts or bailments, where he alone receives the benefit, as in loans; he must observe ordinary diligence of those bailments, which are beneficial to both parties, as hiring; and he will be responsible for gross negligence in those bailments which are only for the benefit of the bailor, is deposit and mandate.

The transporter is bound to return the property as soon as the purpose for which it was bailed shall have been accomplished. He has generally a right to retain and use the thing bailed, according to the contract, until the object of the bailment shall have been accomplished.

[tropicalescape]

Originally Posted by fstbttms

Remember, this guy (tropicalescape) earlier posted that he makes his clients sign an agreement that they will pay him $50K if they ever sue him. Is it any wonder he has advocated on behalf of the shyster trucker throughout this thread?

In your mind its everything but what it is ! I havent advocated for anyone except the fellow who lost his boat...I thought some lady on CF had put you in your place the last time you had something small minded to say!...

[Bluewaters2812]

Originally Posted by tropicalescape

In your mind its everything but what it is ! I havent advocated for anyone except the fellow who lost his boat...I thought some lady on CF had put you in your place the last time you had something small minded to say!...

Tropicale ... are you in the transport business and if so, do you transport boats or boat parts?

[Agape39]

Originally Posted by tropicalescape

Well I need someone to come and kick alot of butts for me as I dont have enough energy to whoop um all! What part of the world are all these hand shaken honarable people in ,80 % of the people I live around and have visited around the world seem to be out for themselves and no-one else...You go on shaken hands and I will go on with my signed contracts and as much as I wish it was so, anyone that goes on that with someone they dont know is in my mind a person getting ready to be bamboosuled...What F%$ked up world does that ever work in anymore?

Well I have been in business now for over 30yrs and seldom need to,or are asked to sign contracts......maybe I am trust worthy and honest and my customers all know it! That's the kind of world I live in and when I'm crossed, the word is out and these people are shunned as they should be. Yes, I've been burnt but it is always my fault for doing business with this type of person in the first place! If all these crooks fear is the law than they know their boundaries and will walk them closely. But if they do not know what maybe coming their way, the may think twice on their actions, just sayin......

[Agape39]

Originally Posted by Bluewaters2812

Tropicale ... are you in the transport business and if so, do you transport boats or boat parts?

That's what I was thinking! Sounds like experience.........

[tropicalescape]

Originally Posted by Agape39

That's what I was thinking! Sounds like experience.........

Ye I have experiance,I traveled all the way to Arizona once on a hand shake and when I got there the guy changed his mind ,where were all you bad ass kickers then?

[tropicalescape]

Originally Posted by Agape39

Well I have been in business now for over 30yrs and seldom need to,or are asked to sign contracts......maybe I am trust worthy and honest and my customers all know it! That's the kind of world I live in and when I'm crossed, the word is out and these people are shunned as they should be. Yes, I've been burnt but it is always my fault for doing business with this type of person in the first place! If all these crooks fear is the law than they know their boundaries and will walk them closely. But if they do not know what maybe coming their way, the may think twice on their actions, just sayin......

I see Agape but I hear the Koran!

[tropicalescape]

Originally Posted by Agape39

Well I have been in business now for over 30yrs and seldom need to,or are asked to sign contracts......maybe I am trust worthy and honest and my customers all know it! That's the kind of world I live in and when I'm crossed, the word is out and these people are shunned as they should be. Yes, I've been burnt but it is always my fault for doing business with this type of person in the first place! If all these crooks fear is the law than they know their boundaries and will walk them closely. But if they do not know what maybe coming their way, the may think twice on their actions, just sayin......

What type of business ? A pie factory? I sale aircraft and very expensive products you keep your handshake and I will keep my contracts that have never let me down...uhh and it sounds like you are one tough guy,on the internet..lol

[Bluewaters2812]

Originally Posted by Agape39

Well I have been in business now for over 30yrs and seldom need to,or are asked to sign contracts......maybe I am trust worthy and honest and my customers all know it! That's the kind of world I live in and when I'm crossed, the word is out and these people are shunned as they should be. Yes, I've been burnt but it is always my fault for doing business with this type of person in the first place! If all these crooks fear is the law than they know their boundaries and will walk them closely. But if they do not know what maybe coming their way, the may think twice on their actions, just sayin......

Couldn't agree with you more! No amount of money will buy a good name. It is sites like these that give decent people the edge and hopefully help them avoid these scumbag shysters. Like I said earlier too ... some tools are necessary and are very effective in dealing with scumbuckets!

[tomfl]

Originally Posted by SurferShane

I totally agree. The situation would also make an interesting law exam scenario. In fact, it has me wanting to pick up my texts and do some serious revision.

SNIP

I am not sure how interesting an exam question it would be. Last summer I had an interesting conversation with a law student from OZ who was attending the FSU Law School for a year and I know there are some differences between the US and Oz, but this case seems clear cut to me. The trucker is in hot water on several levels.

The first thing to consider is the contract which by definition is "an agreement to deliver goods and/or services for consideration". The OP stated the email outlining the details of the contract had a delivery date, so even if there was no performance clause the conditions of the contract were not met. (Just as an aside to tropical you may be in for a rude awakening if you think the $US50k payment if you are sued is iron clad). Civil case is very clear cut win for boat owner.

I suspect there needs to be some type of intent for a criminal case, but the longer the trucker delays delivery the easier it is to make a criminal case. DAs are famous for using lesser and included charges and to get a perp to plead so I would not discount a criminal charge.

The real problem for the trucker is the DOT coming down on him like white on rice. If there was a break down (some thing that is not clear as of now) a trucking operation of any size normally calls another trucker to pick up the load. Again it is not clear if a break down occurred due to inadequate truck/trailer/tires but if that is the case not only are there civil problems, but much bigger problems with the DOT. If there was any attempt by the trucker to evade weight stations or fail to keep logs the DOT can stop the trucker from transporting the boat which will put the trucker in a real bind in terms of a truck load of DOT rules.

What ever the outcome the best case outcome for the trucker is increased insurance and bonding costs and the DOT keeping an eagle eye out for him. I would guess the trucker does not have deep pockets so he may be somewhat judgement proof. Problem with that is making a living as a legit trucker requires insurance, bonding, permits, and a somewhat clean history. This trucker's clean history is now a thing of the past.

[Bluewaters2812]

Originally Posted by tropicalescape

What type of business ? A pie factory? I sale aircraft and very expensive products you keep your handshake and I will keep my contracts that have never let me down...uhh and it sounds like you are one tough guy,on the internet..lol

I am an aircraft pilot (private) ... good to know what business you're in, thanks for the management info.