How can I recover this trailer?
Discussion
Around 10 months ago I sold a very cheap boat, it was sitting on a decent trailer which is all I really wanted.
So I sold the boat and loaned the guy the trailer for a couple of months.
I knew the guy was a bit er… rough, but gave him benefit of doubt.
Anyway, around Christmas time he stopped replying to me, I eventually spoke to the yard where the boat is stored and they confirmed he had also disappeared on them and owed money.
I went to his home address (rough area, door boarded up) and he made a load of excuses but promised to stay in touch and get the trailer to me asap.
This was February.
In the last couple of weeks he agreed to buy it from me instead of returning it. Not my preferred option and his offer is below market value however I just wanted an end to it. He was supposed to pay me last Friday.
On the Thursday I messaged to check all ok, lo and behold he couldn’t afford it for another week as he’d had to pay his storage bill. I told him I wanted 50% the next day and 50% the following day. He demanded I go to him and pick up after he finished work.
Late in the afternoon I was still waiting so drove over after he ignored my calls and messages.
After 30 minutes or so of messages on his door he texts me, saying he has ‘gone out for a spot of tea’. I told him I was sick of being messed around and I would come to wherever hdd he was.
Cue a barrage of abuse, him calling me names and concluding that ‘for my cheek’ I wasn’t getting any money until the following week.
I thoroughly believe he will just carry on like this indefinitely. I should have known better than to trust somebody like this but I did and I’m here now.
I know I could initiate small claims, but I’d rather just the trailer back.
My wife and I have read around a little and I reckon this is theft, intent to permanently deprive, but a call to 101 suggests it is a civil action. Is this correct?
So I sold the boat and loaned the guy the trailer for a couple of months.
I knew the guy was a bit er… rough, but gave him benefit of doubt.
Anyway, around Christmas time he stopped replying to me, I eventually spoke to the yard where the boat is stored and they confirmed he had also disappeared on them and owed money.
I went to his home address (rough area, door boarded up) and he made a load of excuses but promised to stay in touch and get the trailer to me asap.
This was February.
In the last couple of weeks he agreed to buy it from me instead of returning it. Not my preferred option and his offer is below market value however I just wanted an end to it. He was supposed to pay me last Friday.
On the Thursday I messaged to check all ok, lo and behold he couldn’t afford it for another week as he’d had to pay his storage bill. I told him I wanted 50% the next day and 50% the following day. He demanded I go to him and pick up after he finished work.
Late in the afternoon I was still waiting so drove over after he ignored my calls and messages.
After 30 minutes or so of messages on his door he texts me, saying he has ‘gone out for a spot of tea’. I told him I was sick of being messed around and I would come to wherever hdd he was.
Cue a barrage of abuse, him calling me names and concluding that ‘for my cheek’ I wasn’t getting any money until the following week.
I thoroughly believe he will just carry on like this indefinitely. I should have known better than to trust somebody like this but I did and I’m here now.
I know I could initiate small claims, but I’d rather just the trailer back.
My wife and I have read around a little and I reckon this is theft, intent to permanently deprive, but a call to 101 suggests it is a civil action. Is this correct?
How much is it worth?
If it were me I'd just walk away. Annoying yes, but the world is full of idiots like him, and the managers at my previous job were bullies in a similar way, intent on getting stuff and making the staff feel miserable and ripped off , ... no, no, I could go on, but I'll stop there, just forget your trailer and go buy a new one.
If it were me I'd just walk away. Annoying yes, but the world is full of idiots like him, and the managers at my previous job were bullies in a similar way, intent on getting stuff and making the staff feel miserable and ripped off , ... no, no, I could go on, but I'll stop there, just forget your trailer and go buy a new one.
The police generally treat cases like this as civil matters because they involve a dispute over ownership or an agreement rather than an outright theft. In criminal law, theft typically requires clear evidence of intent to permanently deprive the owner of their property. However, since you initially lent the trailer and then negotiated a sale, it complicates the matter.
If you believe there is sufficient evidence that the individual intends to permanently deprive you of the trailer (for instance, if they have made statements to that effect or are actively avoiding returning it), you could re-contact the police and provide this evidence.
If you believe there is sufficient evidence that the individual intends to permanently deprive you of the trailer (for instance, if they have made statements to that effect or are actively avoiding returning it), you could re-contact the police and provide this evidence.
Now you've agreed a sale you can't just recover the trailer. It belongs to him and he owes you £650 although there may be a chance of undue influence making the agreement invalid. You only agreed to the sale because he wouldn't return the trailer.
Unless a court can be sure that the buyer had no intention of paying when the sale was agreed then there cannot be a theft.
You could make a claim using the small claims track. You know he has assets and if he is also an employee there's a reasonable chance of recovering your money.
Unless a court can be sure that the buyer had no intention of paying when the sale was agreed then there cannot be a theft.
You could make a claim using the small claims track. You know he has assets and if he is also an employee there's a reasonable chance of recovering your money.
Will the yard allow you to chop it up? A day with a stihl saw or 2-3 days with a sabre saw will see it in man-handleable lumps(apart from the keel, but you can weigh that in at a scrapyard.) that can be disposed of in a skip; either the boatyard's skip if they're amenable or hire one for a day once it's chopped up. Sadly small GRP boats are much less easy to dispose of than wooden ones. If bozo comes calling deduct your out-of-pocket costs from what he paid you and refund him.
I asked the yard about immobilising the trailer by removing the wheels but they said no. They certainly wouldn’t let me touch the boat.
Sounds like agreeing to sell him it was a mistake, but yes, I only did so as I would rather cut my losses and draw a live under the saga. It’s been months of chasing after him and being fobbed off.
As for him having assets, he has the boat, which is worth a couple hundred tops and I presume that’s about it. He works as a scaffolder, I suspect cash in hand casually.
Sounds like agreeing to sell him it was a mistake, but yes, I only did so as I would rather cut my losses and draw a live under the saga. It’s been months of chasing after him and being fobbed off.
As for him having assets, he has the boat, which is worth a couple hundred tops and I presume that’s about it. He works as a scaffolder, I suspect cash in hand casually.
Do you have a drive you could cut it up on? Would the yard let you take it away if you paid the storage? Tell Bozo what you're doing and that his refund has been used up paying the storage and disposal costs, then cut it up. He's had free use of your trailer and should be invited to go forth and multiply.
I cannot remove or do anything to the trailer or boat as is, yard have we been very good at keeping me informed but they are not prepared to let me physically do anything.
Bear in mind also that this guy knows where I live, I have a nice home, children, cars… I’ve far more to lose than him so I won’t be going down the route of any form of retribution outside of the law.
Bear in mind also that this guy knows where I live, I have a nice home, children, cars… I’ve far more to lose than him so I won’t be going down the route of any form of retribution outside of the law.
If you're not willing to DIY then write off the value of the trailer, as paying someone else to do it will exceed the value of the trailer. The yard will wait until they need the space and then either sell the two together or do as I described and dispose of it. It may not adhere to the letter of the law but having had to deal with timewasters and derelict boats in a sailing club carpark I have no patience for entertaining such niceties.
hidetheelephants said:
If you're not willing to DIY then write off the value of the trailer, as paying someone else to do it will exceed the value of the trailer. The yard will wait until they need the space and then either sell the two together or do as I described and dispose of it. It may not adhere to the letter of the law but having had to deal with timewasters and derelict boats in a sailing club carpark I have no patience for entertaining such niceties.
It’s a secure commercial storage yard rather than a sailing club. They won’t allow me access, otherwise I’d be there and immobilise it by removing the wheels. D1bram said:
It’s a secure commercial storage yard rather than a sailing club. They won’t allow me access, otherwise I’d be there and immobilise it by removing the wheels.
They won't allow you access to your own property? I'd be surprised if they wouldn't be pleased if you paid bozo's storage bill and allow the whole lot to be towed away and not be their problem anymore.hidetheelephants said:
They won't allow you access to your own property? I'd be surprised if they wouldn't be pleased if you paid bozo's storage bill and allow the whole lot to be towed away and not be their problem anymore.
Correct they won’t. At present he is paid up to date with them. Their issue is around the boat being his property. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff