Dying Father Ripped off by Convicted Fraudster With Stopped Cheque. Legal Position?

gbr9282r_2

Some low life bought my dying father's yacht and stopped the cheque. My father's dead now and I've been trying to sort this out. I've just found that the man was convicted for fraud in 2004 relating to a failed business venture was fined heavily (18K) plus costs. I know that he would have lost a great deal of money on the venture as well and I now assume that he probably didn't have the funds to buy the yacht in the first place. Do the forum think the police would be interested. To make a case for deception would the Police have to show that there were no funds available or would it be sufficient to show that the account didn't have the funds in place at the time of signing. I'm supposing he would claim that he was going to pay the monies in but he stopped the cheque because the yacht wasn't to the standard he expected, even though he viewed it himself. Any thoughts please?

~Beanie~

When did all this take place? I would definately get the Police involved.

Yachts are not exactly cheap, why was it released to the purchaser without ensuring that the cheque had cleared first?

myrnahaz

If the guy still has the boat but hasn't paid, then you must inform the police immediately, but your post suggests that the guy stopped the cheque before he took delivery - if so, then it's not a matter for the police.
I can see how disappointing it would be for you, but he's entitled to change his mind and decide against buying it - whatever his reasons were.

sarahg1969

OP - does this person have the yacht? Or do you still have it?

hollydays

Could you take advice from the bank where the cheque was presented?
You aren't supposed to write a cheque and then stop it IMHO,but the sale would be subject to the Sale of Goods Act,so what was the problem with the boat? Do you actually know?

To prove deception,someone has to have been deceived. If he didn't taken delivery of the goods,has anyone committed deception?

gbr9282r_2

2005 it was taken without the cheque being cleared, the "buyer" still has the boat. Just to clarify things it was more of a project yacht, the sort of thing you buy as seen and about 1000 pounds, done up they are worth approx 5K. My father agreed to a small reduction in price, after the cheque was stopped, in view of the engine not being as good as the buyer exoected and then also agreed monthly instalments! As I say my father was in a pretty bad way and the boat and the buyer were a long way off. What annoyed me was the cheek of the fellow when I rang him.
I now find that he's a multiple fraudster, he's moved in the meantime leaving about 5K of utlity bills unpaid and now I find http://archive.ledburyreporter.co.uk/2004/10/14/11375.html

~Beanie~ wrote: »

When did all this take place? I would definately get the Police involved.

Yachts are not exactly cheap, why was it released to the purchaser without ensuring that the cheque had cleared first?

What I actually need to know is if it's enough for the Police that the money wasn't in the account or do they need to prove that there was no prospect of the money being there which is obviously much harder.

hollydays

The cheque that bounced,it was for the whole £1000,or an installment?
Was any paperwork drawn up relating to the installments?
What did he say when you rang him?
Has anyone attempted to get the boat back off him ,and when?
Was the cheque backed by a gurarentee card,or was it a business cheque?

sarahg1969

So, the guy has stolen the boat, yes?

You should definitely report him to the police then.

I imagine they would be interested, given his history.

hollydays

I could see a scenario where he writes a cheque for the full amount,then he could say because of the engine,your Dad agreed to drop the price and allow him to pay by installments.
This could be used as a justification for the cancelling of the original cheque(. Presumably he could maybe say he had paid the rest of the installments in cash etc etc?)

gbr9282r_2

hollydays wrote: »

The cheque that bounced,it was for the whole £1000,or an installment?
Was any paperwork drawn up relating to the installments?
What did he say when you rang him?
Has anyone attempted to get the boat back off him ,and when?
Was the cheque backed by a gurarentee card,or was it a business cheque?

The cheque didn't bounce it was stopped (for the full amount of the boat)
He sent a cheque for one instalment of about 50 pounds which cleared together with a signed agreement to pay the rest monthly.
I wrote a letter saying that as he was in breach of his agreement I required him to pay the full amount due return the boat or I would recover the boat myself and sue him for the cost. He replied to say that he would counterclaim, for what I don't know.
There was no guarantee card used.

gbr9282r_2

hollydays wrote: »

I could see a scenario where he writes a cheque for the full amount,then he could say because of the engine,your Dad agreed to drop the price and allow him to pay by installments.
This could be used as a justification for the cancelling of the original cheque(. Presumably he could maybe say he had paid the rest of the installments in cash etc etc?)

No he stopped the cheque first.