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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We purchased a narrow boat 2 years ago which came with

Resolved Question:

Hi.
We purchased a narrow boat 2 years ago which came with it's own mooring and postal address for which we paid council tax fees on a monthly basis. The strip of mooring land (owned by the local council) is also home to 5 other liveable boats. We took our boat out for a 2 week break along the river and when we returned to our mooring we couldn't moor up because there was another boat in our mooring. When I spoke to the owners of the boat they informed me that they were friends of the other boat owners and they had paid them money for the mooring position (which they were told was unused and vacant), they also flatly refused to move. We went to speak to the boat owner who had taken money from them but they refused to come out of their boat and speak to us. We rang the river authorities but they said it was a matter for the council. We returned the next day to speak to the other boat owners and they locked themselves in their boats again and refused to speak to us. Whilst we were there I noticed that the willow tree next to our mooring had been cut down and when I queried this which the people in our mooring position they said they had done it that morning because they were stocking up on fire wood for the winter!!.
We went to the local council offices and they said there was little they could do because they couldn't physically move the boat out of our way and that they hadn't had this, problem before and wasn't really sure what to do. I mentioned about the tree being cut down and they said that I should report this to the river authority (which I did and they said they would look into it and get back to me, they never did).
We returned back to the mooring area, which is gated and we couldn't access the area because the other boaters had changed the lock.
The only feed back we have had from the council is that they spoke to the other boaters and they denied taking money for the mooring and that they claimed we had told them we didn't want the mooring anymore (complete untruth), and it had been vacant for a long time and so their friends moved in.
We have drawn a blank as to what we cam do and wandered if you could help please?.
Kind regards.
Mr & Mrs Gardener-Collins.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola.

Thanks for getting back to me and yes we are more than happy to wait, not a problem.

Many thanks and kind regards.

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.You want the boat to move, is that right?
Customer: replied 1 year ago.

Hi Alex.

After the awful way we have been treated by the other 'boaters', we wouldn't really want to return back there but we did pay more for our boat when we bought it because it came with a permanent mooring position, we will also loose quite a lot of money if and when we came to sell the boat. We also feel that they have 'sold' something that doesn't belong to them and shouldn't get away with such an underhand thing. The loss to our boat value is approximately £20,000.00.

Kind regards.

Expert:  Ash replied 1 year ago.
Is that what you want to claim back?
Customer: replied 1 year ago.

Hi Alex.

We do feel that the boat in our mooring should move as it is in a space that we paid a lot of money for. We have since spoken to a chap that had one of the moorings there and he admitted that they took money for it. We can't accept that they can just get away with this and any course of action that we can possibly take then we would like to be informed about please. It's not so much about the money (which is important enough because it involves quite a lot), but it is the principle of the matter and we feel that they have all stolen from us. We now have to move our boat continuessly because of river authority laws that only let you moor a boat for 2 days or we have to pay for mooring at private mariners which is expensive.

Kind regards.

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request compensation 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 compesnate 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. As its over £10,000 you will need representation for trial.
However you can also seek a Court order that you get the mooring back, that is also an option
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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