'In full and final settlement'
#1
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What would you take these words to mean . ( this is boat btw,not a car )
This came with a cheque from the yards insurers when mine was damaged and the inspector for their agent came back with , write off .
The agent also said when asked that the insurance co. wanted no more to do with it,
So iv rebuilt it and have been paying rent to the yard - and pocketed the cash ( it was hardly enuff to have someone rebuild it )
The yard have just snaffled 1100 quid off someone whoose abandoned rebuilding his boat - for disposing of the carcass - not allowed to do it your self here ( a mornings work and a bonfire) , AND wont allow him to sell anything off it now its been signed over to them.
Im now wondering whether these grown up pikeys have bought my 'wreck' off their insurance co. whilst im paying rent / rebuliding it and one day going to slap a writ on it thus repossessing it - your not even allowed on board once this happens
This came with a cheque from the yards insurers when mine was damaged and the inspector for their agent came back with , write off .
The agent also said when asked that the insurance co. wanted no more to do with it,
So iv rebuilt it and have been paying rent to the yard - and pocketed the cash ( it was hardly enuff to have someone rebuild it )
The yard have just snaffled 1100 quid off someone whoose abandoned rebuilding his boat - for disposing of the carcass - not allowed to do it your self here ( a mornings work and a bonfire) , AND wont allow him to sell anything off it now its been signed over to them.
![Mad](https://www.scoobynet.com/images/smilies/mad.gif)
Im now wondering whether these grown up pikeys have bought my 'wreck' off their insurance co. whilst im paying rent / rebuliding it and one day going to slap a writ on it thus repossessing it - your not even allowed on board once this happens
#2
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What would you take these words to mean . ( this is boat btw,not a car )
This came with a cheque from the yards insurers when mine was damaged and the inspector for their agent came back with , write off .
The agent also said when asked that the insurance co. wanted no more to do with it,
So iv rebuilt it and have been paying rent to the yard - and pocketed the cash ( it was hardly enuff to have someone rebuild it )
The yard have just snaffled 1100 quid off someone whoose abandoned rebuilding his boat - for disposing of the carcass - not allowed to do it your self here ( a mornings work and a bonfire) , AND wont allow him to sell anything off it now its been signed over to them.
Im now wondering whether these grown up pikeys have bought my 'wreck' off their insurance co. whilst im paying rent / rebuliding it and one day going to slap a writ on it thus repossessing it - your not even allowed on board once this happens
This came with a cheque from the yards insurers when mine was damaged and the inspector for their agent came back with , write off .
The agent also said when asked that the insurance co. wanted no more to do with it,
So iv rebuilt it and have been paying rent to the yard - and pocketed the cash ( it was hardly enuff to have someone rebuild it )
The yard have just snaffled 1100 quid off someone whoose abandoned rebuilding his boat - for disposing of the carcass - not allowed to do it your self here ( a mornings work and a bonfire) , AND wont allow him to sell anything off it now its been signed over to them.
![Mad](https://www.scoobynet.com/images/smilies/mad.gif)
Im now wondering whether these grown up pikeys have bought my 'wreck' off their insurance co. whilst im paying rent / rebuliding it and one day going to slap a writ on it thus repossessing it - your not even allowed on board once this happens
#3
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yep
I had a fight with a national storage compnay over the loss of a Grand Piano i had in storage, when I asked for it to be delivered out of storage (7 years) they promptly delivered me a different one (and charged me £350 for the priviledge)
no prob -- they sent an insurance cheque -- 'In full and final settlement' of my loss
well not quite -- I wanted all my storage costs back after all they could have just sold it the day after they collected it
so i didnt cash the cheque which was in "full and final settlement" and for a reasonable amount of money too, and successfully sued the fvckers
they point is -- i think legal title will have passed from you once you cashed the cheque
I had a fight with a national storage compnay over the loss of a Grand Piano i had in storage, when I asked for it to be delivered out of storage (7 years) they promptly delivered me a different one (and charged me £350 for the priviledge)
no prob -- they sent an insurance cheque -- 'In full and final settlement' of my loss
well not quite -- I wanted all my storage costs back after all they could have just sold it the day after they collected it
so i didnt cash the cheque which was in "full and final settlement" and for a reasonable amount of money too, and successfully sued the fvckers
they point is -- i think legal title will have passed from you once you cashed the cheque
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if they have wrot ethe boat off and you have not bought it back as salvage then the boat would become their property when the cheque is cashed as it is full and final payment {also says you cannot claim anything more} title and remains become theirs to do with as they please as like if it was a car.
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i dare not right to the insurance co. at this stage case they might want it back lol
But im thinking that if it had been bought by the yard /anybody else and they were charging rent for storage then theyd be taking money under false pretences .
a writ could be put on it anywhere and iv paid the next 3 months storage,
Never seen a legal documnet just a word from their insurance agent that the insurance co. didnt want anything more to do with it
But im thinking that if it had been bought by the yard /anybody else and they were charging rent for storage then theyd be taking money under false pretences .
a writ could be put on it anywhere and iv paid the next 3 months storage,
Never seen a legal documnet just a word from their insurance agent that the insurance co. didnt want anything more to do with it
Last edited by dpb; 02 June 2009 at 07:47 AM.
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#9
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So you've been working on a boat for a year that might not belong to you ![Ponder2](https://www.scoobynet.com/images/smilies/ponder2.gif)
Rather than avoid the insurance company or agent, I'd get in contact with them and ask who owns it now before wasting any more time and money.
They may have kept title and asked the yard owners to scrap it, in which case you're being conned.
If the insurers still own it then ask for it to be transferred to you in writing.
You could always try registering the boat with the EA (is it an inland boat?), but you'd need a boat safety cert. and it may not be in a fit state to receive one at the moment.
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Rather than avoid the insurance company or agent, I'd get in contact with them and ask who owns it now before wasting any more time and money.
They may have kept title and asked the yard owners to scrap it, in which case you're being conned.
If the insurers still own it then ask for it to be transferred to you in writing.
You could always try registering the boat with the EA (is it an inland boat?), but you'd need a boat safety cert. and it may not be in a fit state to receive one at the moment.
#11
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I can understand abandoned projects being seized and burnt - we have had a few at our club which deteriorate quicker than being repaired over a number of years.
They make the place look a mess, but the marina gives the owners the chance to move it or finish it quickly before seizing it. The seizing part is in our berthing contract though and is usually enforced when the owner stops paying any rent.
They make the place look a mess, but the marina gives the owners the chance to move it or finish it quickly before seizing it. The seizing part is in our berthing contract though and is usually enforced when the owner stops paying any rent.
#12
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"in full and final settlement" simply means that when you cash the cheque you have no further call on the insurers who's liability to you is extinguished.
If it was the yard's insurers who paid out as opposed to you insurers, then its a compensation payment in settlement of the yards liability to you, hence the use of the wording.
The boat will still legally be yours unless you signed it over to them at the time of receiving the cheque?
If it's your own insurers, you would be asked to assign title to the insurance company at the time of accepting your settlement for the agreed value on write off.
If it was the yard's insurers who paid out as opposed to you insurers, then its a compensation payment in settlement of the yards liability to you, hence the use of the wording.
The boat will still legally be yours unless you signed it over to them at the time of receiving the cheque?
If it's your own insurers, you would be asked to assign title to the insurance company at the time of accepting your settlement for the agreed value on write off.
Last edited by Devildog; 02 June 2009 at 06:16 PM.
#13
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Devildog your a hero ![Luxhello](https://www.scoobynet.com/images/smilies/luxhello.gif)
This has cleared it up conce for all i reckon . Yes it was the yards insurance they dropped another boat on mine) , i didnt sign anything ( just cashed the cheque) and carried on paying the storage/moorings.
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This has cleared it up conce for all i reckon . Yes it was the yards insurance they dropped another boat on mine) , i didnt sign anything ( just cashed the cheque) and carried on paying the storage/moorings.
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