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Barby Moorings and the Trade Description Act!!!!??

Annie Girl

By Annie Girl
in General Boating

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DaveG Collaborator

DaveG

Posted
Posted

From a civil law point of view, a winding-up order needs to be presented by a creditor, or the owners can choose to put the business into voluntary liquidation. The latter does not necessarily indicate insolvency.

 

At the moment, the major creditor appears to be RBS whose debt is secured by mortgages on the land which is pretty well the only asset. If RBS do take possession there will, of course, be enormous fees levied which would probably wipe out any equity which could then be distributed to other claimants, therefore unsecured creditors will be lucky to get a cent.

 

Unsecured creditors also have to go through a civil process to prove their debt which does seem to operate at the speed of a somnambulant snail!

 

Alternatively, if the relevant authorities find there is any criminal activity such as fraud or trading whilst insolvent being conducted they can order the business to be wound up. It is very rare for any unsecured creditors to get a pay out in this situation.

 

And then there is always the moonlight flit!

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Slim Influencer

Slim

Posted
Posted

I fear that things are getting out of hand. I am going to prune some of the off topic content. In future please keep to the point. this is a topic which is important to a number of our members.

 

Nick

 

 

Thank you

 

 

Frank

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Slim Influencer

Slim

Posted
Posted

Don't know how to insert a link but if you go to Google and put in barby moorings you'll find an entry from the Advertising Standards Agency dated today. (half way down the first pageas of half an hour ago)

 

 

 

 

Frank

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Humphrey Contributor

Humphrey

Posted
Posted

Here's the link you wanted Frank.

 

http://www.asa.org.uk/ASA-action/Adjudications/2011/12/Barby-Moorings-Ltd/SHP_ADJ_172857.aspx

 

 

Don't know how to insert a link but if you go to Google and put in barby moorings you'll find an entry from the Advertising Standards Agency dated today. (half way down the first pageas of half an hour ago)

 

 

 

 

Frank

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David Mack Veteran II

David MackDonate to Canal World

Posted
Posted

 

But that refers to a single complaint about Barby Moorings own website in August 2011. What about the similar untrue statements which have appeared in several months editions of the waterways mags?

 

Looking at the website, the 'Amenities' page now has words like "on its completion" and "will offer", but the 'Moorings' page says "Each mooring is fully serviced with electrical power, water, wired internet and digital ready TV aerial socket" (my emphasis). Is this now the case?

 

David

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Bob18 Proficient

Bob18

Posted
Posted (edited)

While the website is still showing its "collection of half truths" the Waterways world advert no longer appears in print.

 

The difference being that the website is under the control of Barby Moorings, but the publication of an advert is under the control of the magazine, and they don't like upsetting the ASA if they can help it. (Or Barby have run out of money to pay for the ads...)

Edited by Bob18
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Trevor S Gongoozler

Trevor S

Posted
Posted

Have any other boaters managed to get their money back. I feel most fortunate to have got all my 3 months money back, however I was only there for 3 days and did not use any facilities (not that there were any to use!!!)

I got my £400 back as soon as I mentioned the words 'Fraud' and 'would also claim my costs including sending my agent to take photographs".

 

No "Thank you for letting me hold your money in my bank account" though - which I thought was a little mean-spirited under the circumstances ...

 

Merry Christmas to everybody and a Happy New Year (and a prosperous one to everybody still trying to get their own money back ....)

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ditchcrawler Veteran II

ditchcrawlerDonate to Canal World

Posted
Posted

I got my £400 back as soon as I mentioned the words 'Fraud' and 'would also claim my costs including sending my agent to take photographs".

 

No "Thank you for letting me hold your money in my bank account" though - which I thought was a little mean-spirited under the circumstances ...

 

Merry Christmas to everybody and a Happy New Year (and a prosperous one to everybody still trying to get their own money back ....)

I thought the bank was doing a charge back for yours, did you have to do it yourself in the end.

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Trevor S Gongoozler

Trevor S

Posted
Posted

I thought the bank was doing a charge back for yours, did you have to do it yourself in the end.

 

I was but, whilst I was waiting for the paperwork from Visa to arrive [at home, in Sussex] I was still emailing him - and he was still stonewalling me - but when I stopped being polite (and treating him as an human being, with a decent sense of 'right' and 'wrong', and open to logical thought and reasoning) and laid out exactly what I was going to include in my costs application when I submitted my claim through the courts - oh, and mentioned the 'fraud' word, he suddenly saw sense and refunded my money.

 

If Barby Marina, and the operators/owners, suddenly get court judgements against them it opens up a whole new can of words - including, in the longer term, the option of initiating bankruptcy proceedings against them if they don't pay up and, of course, it all ends up on their credit agency files. He just took the cheapest, and safest, financial option for him.

Reading through the planning applications (permission was initially refused), Northampton absolutely insisted that Barby Marina did all the ecological stuff first - and that is possibly where his financial plans went completely awry .. he had a pretty site but no income.

 

There is no doubt in my mind that the marina will eventually be completed, and be successful, but my guess is that he will have to sell up (and sell cheap) and to somebody who has the cash to complete - and they'll get a bargain too.

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Laurie Booth Veteran

Laurie BoothDonate to Canal World

Posted
Posted

The 2 items below may have been posted before, the second one is interesting in that some people are ment to have invested in Barby Marina.

 

http://www.asa.org.uk/ASA-action/Adjudications/2011/12/Barby-Moorings-Ltd/SHP_ADJ_172857.aspx

http://www.justanswer.com/uk-law/4ujr4-number-work-colleagues-invested-251-000.html

You will find that the land investment is nothing to do with Barby Moorings but a company that owned/owns land next to it.

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The Pipe Rising Star

The Pipe

Posted
Posted

Copied from the legal site.

Not saying there is a link between the 2.

 

" 253 days and 20 hours ago. Customer Reply

I still have a copy of the document with the company logo and brokers name at the top. That is followed by my personal details. After that comes the section titled plot details. this has 4 boxes filled by the company.

 

site name:- Barby Marina, Northamptonshire

plot number or size:-Phase 2

Purchase price:-£40,000

Total purchase price:-£30,000

There is then a section about who to make the cheque payable to. After that a space for the signiture and date then finaly a space to print name and address as you wish it to appear on the title deeds."

 

 

 

The land registry documents from their solicitor refer to plots 40, 43 to 45 and being lot F2, Waldings Farm, Barby Lane

 

 

 

 

Read more: I and a number of my work colleagues have invested 251,000 - JustAnswer http://www.justanswer.com/uk-law/4ujr4-number-work-colleagues-invested-251-000.html#ixzz1hT9naxGC

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DCH Explorer

DCH

Posted
Posted

Wow am I glad I found this thread. I spotted the Barby Marina site a few days ago and it looked ideal for my needs.

I will be a lot more thorough in my investigations when looking for a marina in future. I didn't realise that this sort of thing went on in the canal world.

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The Pipe Rising Star

The Pipe

Posted
Posted

Wow am I glad I found this thread. I spotted the Barby Marina site a few days ago and it looked ideal for my needs.

I will be a lot more thorough in my investigations when looking for a marina in future. I didn't realise that this sort of thing went on in the canal world.

Unfortunatly the canal world is full of it, the nature of the canals so many want the lifestyle and think they can have it with a business, maybe the intent was good at first but the reallity ends up as something else.

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Laurie Booth Veteran

Laurie BoothDonate to Canal World

Posted
Posted

Copied from the legal site.

Not saying there is a link between the 2.

 

" 253 days and 20 hours ago. Customer Reply

I still have a copy of the document with the company logo and brokers name at the top. That is followed by my personal details. After that comes the section titled plot details. this has 4 boxes filled by the company.

 

site name:- Barby Marina, Northamptonshire

plot number or size:-Phase 2

Purchase price:-£40,000

Total purchase price:-£30,000

There is then a section about who to make the cheque payable to. After that a space for the signiture and date then finaly a space to print name and address as you wish it to appear on the title deeds."

 

 

 

The land registry documents from their solicitor refer to plots 40, 43 to 45 and being lot F2, Waldings Farm, Barby Lane

 

 

 

 

Read more: I and a number of my work colleagues have invested 251,000 - JustAnswer http://www.justanswer.com/uk-law/4ujr4-number-work-colleagues-invested-251-000.html#ixzz1hT9naxGC

Exactly, nothing to do with the Marina.

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Robbo Veteran II

Robbo

Posted
Posted

Yes this thread is as the OP states 'BARBY MOORINGS' AKA MR MCMASTER AND HIS SHENANIGANS :-)

 

Actually she didn't originally...

 

Dad has just been to the new Barby Marina on the Oxford

 

but somewhere in the thread early on, it confirmed to be Barby Moorings.

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mayalld Veteran II

mayalld

Posted
Posted

You do have to be very careful what you write on the internet especially if it involves naming and shaming individuals into a loss situation which they can prove later so make sure you either omit names, or if you have cast iron proof, use the correct identity.

 

Also, if you lost money which you paid on a credit card and it's over 100.00 pounds, you can claim directly from your credit card. If it's just a simple case of getting your money back, making a claim on your credit card is the easiest way to get a refund. You will need paperwork but generally your credit card will refund.

Your credit card company is not liable but generally they have a policy to cover such losses under the FSA.

 

Actually, the point is that the CC company IS liable.

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