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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I and some friends crewed on a yacht for a fellow member of

Customer Question

I and some friends crewed on a yacht for a fellow member of our local yacht club for what was supposed to be a delivery trip from Spain back to the UK I was only on the trip for 5 days the friends were planning to stay the complete trip back to the UK
Despite recommendations when we arrived in Spain no work was done by the owner/skipper from the club on the boat (yacht) and it was not ready for the passage for instance engine not serviced no flares boat not antifouled I left after 2 days as there was no progress and I would not make Malaga for my flight so I returned to starting point Cartegena and booked a flight from there as it was only 50km away. The other friends were then sacked and instead of sailing back had to arrange flights and hotels
We have had additional expenses for flights hotels etc and believe that the owner should be liable for these expenses The owner refuses to acknowledge our claims, One other friend did not leave the UK with trip aborted and he had additional expenses for releif staff for his business
Any advice would be good as we are looking at Small Claims Process
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did you have any form of written contract please?
JACUSTOMER-w546r7fx- :

No written contract only a passage plan which was very optimistic and agreement that meals/food would be paid whilst on board

Alex Watts : Ok. So if there was no contract and the skipper was a bit rubbish, what is the baiss for any claim?
JACUSTOMER-w546r7fx- :

That we had additional expenses as we did not make the return airport in my case and then others had ti fly home as boat was not seaworthy what about duty of care ?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Alex Watts :

You have rated POOR SERVICE, what else do you want to know?

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